State National and International Approaches

Edited by William C.G. Burns and Hari M. Osofcky cauiiuiik.i cauiiuiik.i

This page intentionally left blank adjudicating climate change

State, National, and International Approaches

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, this book serves as a crucial resource for practitioners, policymakers, and academics.

William C. G. Burns is the Class of '46 Visiting Professor with the Center for Environmental Studies at Williams College. Most recently, Dr. Burns was a Senior Fellow with the Center for Global Law & Policy at the Santa Clara University School of Law. Additionally, he serves as editor in chief of the Journal of International Wildlife Law & Policy and cochair of the International Environmental Law Committee of the American Branch of the International Law Association. He received his B.S. in political science from Bradley University and his Ph.D. in international law from the University of Wales - Cardiff School of Law. Prior to his academic career, he spent more than twenty years in the nongovernmental sector, including as executive director of the GreenLife Society/Pacific Center for International Studies, a think tank that focused on implementation of international wildlife law. He has published more than 70 articles in a range of law, policy, and science journals, including the Georgetown International Environmental Law Review, the Journal of the American Medical Association, and Global Change, and he has served as the coeditor of three books.

Hari M. Osofsky is an associate professor at Washington and Lee University School of Law. She received her B.A. and J.D. from Yale University. She currently is a Ph.D. student in the Department of Geography at the University of Oregon. Her articles have been published in a variety of journals, including the Washington University Law Quarterly, Villanova Law Review, Chicago Journal of International Law, Stanford Environmental Law Journal, Stanford Journal of International Law, Virginia Journal of International Law, and Yale Journal of International Law. Her advocacy work has included assisting with Earthjustice's annual submissions to the U.N. Human Rights Commission on environmental rights and with the Inuit Circumpolar Conference's petition on climate change to the Inter-American Commission on Human Rights. She also has taught climate change litigation courses that assisted the Southern Environmental Law Center and Western Environmental Law Center.

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