Climate in Court


Book Description

Answering the key question of whether there is an obligation for States to define and enact sound climate policies in order to avoid the impacts of global warming, this timely book provides expert analysis on recent global climate cases, assessing not only the plaintiffs’ claims but also the legal reasoning put forward by the courts.




Global Climate Change and U.S. Law


Book Description

This comprehensive, current examination of U.S. law as it relates to global climate change begins with a summary of the factual and scientific background of climate change based on governmental statistics and other official sources. Subsequent chapters address the international and national frameworks of climate change law, including the Kyoto Protocol, state programs affected in the absence of a mandatory federal program, issues of disclosure and corporate governance, and the insurance industry. Also covered are the legal aspects of other efforts, including voluntary programs, emissions trading programs, and carbon sequestration.




The Rule of Five


Book Description

Winner of the Julia Ward Howe Prize “The gripping story of the most important environmental law case ever decided by the Supreme Court.” —Scott Turow “In the tradition of A Civil Action, this book makes a compelling story of the court fight that paved the way for regulating the emissions now overheating the planet. It offers a poignant reminder of how far we’ve come—and how far we still must go.” —Bill McKibben, author of The End of Nature On an unseasonably warm October morning, an idealistic young lawyer working on a shoestring budget for an environmental organization no one had heard of hand-delivered a petition to the Environmental Protection Agency, asking it to restrict greenhouse gas emissions from new cars. The Clean Air Act authorized the EPA to regulate “any air pollutant” thought to endanger public health. But could carbon dioxide really be considered a harmful pollutant? And even if the EPA had the authority to regulate emissions, could it be forced to do so? The Rule of Five tells the dramatic story of how Joe Mendelson and the band of lawyers who joined him carried his case all the way to the Supreme Court. It reveals how accident, infighting, luck, superb lawyering, politics, and the arcane practices of the Supreme Court collided to produce a legal miracle. The final ruling in Massachusetts v. EPA, by a razor-thin 5–4 margin brilliantly crafted by Justice John Paul Stevens, paved the way to important environmental safeguards which the Trump administration fought hard to unravel and many now seek to expand. “There’s no better book if you want to understand the past, present, and future of environmental litigation.” —Elizabeth Kolbert, author of The Sixth Extinction “A riveting story, beautifully told.” —Foreign Affairs “Wonderful...A master class in how the Supreme Court works and, more broadly, how major cases navigate through the legal system.” —Science




Adjudicating Climate Change


Book Description

Courts have emerged as a crucial battleground in efforts to regulate climate change. Over the past several years, tribunals at every level of government around the world have seen claims regarding greenhouse gas emissions and impacts. These cases rely on diverse legal theories, but all focus on government regulation of climate change or the actions of major corporate emitters. This book explores climate actions in state and national courts, as well as international tribunals, in order to explain their regulatory significance. It demonstrates the role that these cases play in broader debates over climate policy and argues that they serve as an important force in pressuring governments and emitters to address this crucial problem. As law firms and public interest organizations increasingly develop climate practice areas, the book serves as a crucial resource for practitioners, policymakers and academics.




Climate Change Litigation: Global Perspectives


Book Description

This ground-breaking volume provides analyses from experts around the globe on the part played by national and international law, through legislation and the courts, in advancing efforts to tackle climate change, and what needs to be done in the future. Published under the auspices of the British Institute of International and Comparative Law (BIICL), the volume builds on an event convened at BIICL, which brought together academics, legal practitioners and NGO representatives. The volume offers not only the insights from that event, but also additional materials, sollicited to offer the reader a more complete picture of how climate change litigation is evolving in a global perspective, highlighting both opportunities, and constraints.




Youth Climate Courts


Book Description

This book focuses on Youth Climate Courts, a bold new tool that young people in their teens and twenties can use to compel their local city or county government to live up to its human rights obligations, formally acknowledge the climate crisis, and take major steps to address it. Tom Kerns shows how youth climate leaders can form their own local Youth Climate Court, with youth judges, youth prosecuting attorneys, and youth jury members, and put their local city or county government on trial for not meeting its human rights obligations. Kerns describes how a Youth Climate Court works, how to start one, what human rights are, what they require of local governments, and what governmental changes a Youth Climate Court can realistically hope to accomplish. The book offers young activists a brand new, user-friendly, cost-free, barrier-free, powerful tool for forcing local governments to come to terms with their obligation to protect the rights of their citizens with respect to the climate crisis. This book offers a unique new tool to young climate activists hungry for genuinely effective ways to directly move governments to aggressively address the climate crisis.




Climate Change Litigation


Book Description

This book examines how litigation over climate change shapes the choices of governments, corporations and the public regarding mitigation and adaptation.




Climate Change and the Law


Book Description

This book comprehensively assesses the law and science of climate change, as well as the policy choices for responding to this global problem. Given the all-encompassing reach of climate change, Climate Change and the Law allows students to study how the many different areas of law-public international law, public administrative law, federal environmental law, state and municipal regulations, and the common law-can be implicated in addressing a major social issue. This textbook thus provides students with an integrated experience to study law and an understanding of the many climate-related challenges facing the next generation of lawyers. The book begins by exploring the international climate change regime, including a detailed investigation of emissions trading and the controversial regime for reducing greenhouse gas emissions through land use and forest management practices. It also explores options for a future international agreement in light of calls to reduce emissions by as much as 80 percent. The book also addresses how other international agreements can help spur climate change mitigation or adaptation, exploring, for example, whether petitions to list World Heritage Sites as endangered due to climate change and petitions to declare climate change a violation of human rights will advance global efforts to reduce greenhouse emissions. The second edition of Climate Change and the Law has been updated to include the following: The updated scientific findings, including information from the Fifth Assessment Report of the Intergovernmental Panel on Climate Change. The decisions of the Parties to adopt a second commitment period to the Kyoto Protocol. A discussion of the new rules for accounting emissions from forests and land use change under the Kyoto Protocol. An update on the climate negotiations after the Copenhagen Accord, including negotiation of and implementation of the Cancun Agreements. The state of play with regard to negotiations to build a new climate regime to take effect in 2020. A focus on short-lived climate forcers such as methane and HFCs in a range of multilateral forums, including the International Civil Aviation Organization and the Arctic Council. An expanded treatment of adaptation, particularly at the federal level in the United States. A discussion of the U.S. EPA's efforts to value the social cost of carbon. An updated overview of the U.S. approach to climate change since the 1970s. An expansive discussion of the U.S. EPA's regulation of greenhouse gases under the Clean Air Act, including regulations and case law related to vehicle emissions and stationary source emissions. A discussion of revisions to the Corporate Average Fuel Economy (CAFE) standards and Renewable Fuels Standards. A reorganized discussion of energy policy, with a focus on renewable portfolio standards, net metering, feed-in tariffs, and the Public Utility Regulatory Policies Act (PURPA). New information about states' implementation of the Regional Greenhouse Gas Initiative and California's preliminary experience with its cap-and-trade program. This book also is available in a three-hole punched, alternative loose-leaf version printed on 8.5 x 11 inch paper with wider margins and with the same pagination as the hardbound book.




International Judicial Practice on the Environment


Book Description

Evaluates the fundamental legitimacy of judicial practice in the growing number of environmental cases heard before international courts.




They Knew


Book Description

A devastating, play-by-play account of the federal government's leading role in bringing about today's climate crisis. In 2015, a group of twenty-one young people sued the federal government for violating their constitutional rights by promoting the climate catastrophe, depriving them of life, liberty, and property without due process of law. They Knew offers evidence for their claims, presenting a devastating, play-by-play account of the federal government's role in bringing about today's climate crisis. James Speth, tapped by the plaintiffs as an expert on climate, documents how administrations from Carter to Trump--despite having information about climate change and the connection to fossil fuels--continued aggressive support of a fossil fuel based energy system. What did the federal government know and when did it know it? Speth asks, echoing another famous cover up. What did the federal government do and what did it not do? They Knew (an updated version of the Expert Report Speth prepared for the lawsuit) presents the most compelling indictment yet of the government's role in the climate crisis, showing a forty-year failure to take action. Since Juliana v. United States was filed, the federal government has repeatedly delayed the case. Yet even in legal limbo, it has helped inspire a generation of youthful climate activists. An Our Children’s Trust Book