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Climate Change: International Litigation and Legal Developments. Peter Wulf Member, Commonwealth Administrative Appeals Tribunal, Barrister and Scientist. Overview. The United States and Australia in the international context Regulatory Context in the United States and Australia

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Climate change international litigation and legal developments

Climate Change:International Litigation and Legal Developments

Peter Wulf

Member, Commonwealth Administrative Appeals Tribunal, Barrister and Scientist


Overview
Overview

  • The United States and Australia in the international context

  • Regulatory Context in the United States and Australia

  • Trends in Litigation in the United States and Australia

  • Implications for ASEAN Region


International context
International Context

USA

  • Huge polluter

  • Heavily involved in climate change negotiations

  • Refused to sign the Kyoto Protocol

Australia

  • Huge polluter per capita

  • Signed the Kyoto Protocol and ratified in late 2007


Federal regulatory context
Federal Regulatory Context

USA – Federal Law

  • Limited specific statutory law

  • Clean Air Act

  • National Environmental Policy Act

  • Administrative Procedures Act

  • National Climate Program Act

  • Global Climate Protection Act

Australia

  • National Greenhouse and Energy Reporting Act

  • Environment Protection and Biodiversity Conservation Act

  • Carbon Tax under Clean Energy Act


Litigation
Litigation

USA Cases – single aspect

  • greenhouse gas emissions re their increases in climate change

Australian Cases - dual

  • greenhouse gas emissions re their increases in climate change

  • Impacts of climate change on projects etc



Implications for the asean region
Implications for the ASEAN Region

  • Standing to bring an Action

  • Car Manufacturing - Types of Fuel

  • Mining

  • Coal Fired Power Stations

  • Offshore Oil and Gas

  • Vegetation Clearing, Fires and Transboundary Issues

  • Sea Level Rise, Flooding and Local Planning – eg Thai Case

  • Others


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