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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. 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

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  1. Climate Change:International Litigation and Legal Developments Peter Wulf Member, Commonwealth Administrative Appeals Tribunal, Barrister and Scientist

  2. 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

  3. International Context USA • Huge polluter • heavily involved in climate change negotiations has refused to sign the Kyoto Protocol • Clinton and Bush administration opposed as India and China were not parties to Kyoto • Obama pushing for change but unlikely Australia • Huge polluter per capita • signed the Kyoto Protocol but refused to ratify until late 2007 • Howard Government opposed to ratification • Rudd Government signed and enacted legislation

  4. Federal Regulatory Context USA – Federal Law • Limited statutory law specific to climate change • 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; Clean Energy (Consequential Amendments) Act; Clean Energy Regulator Act; Climate Change Authority Act • 2nd Rudd Government proposed to change the Carbon Tax to an emissions trading scheme • Likely to be repealed by new Abbott Government

  5. Litigation USA Cases • greenhouse gas emissions re their increases in climate change • Many decisions Australian Cases - dual • greenhouse gas emissions re their increases in climate change • Impacts of climate change on projects etc • Approx 50 decisions • More than UK, Canada, New Zealand and all EU

  6. Major Decisions • Massachusetts v EPA • AEP v Connecticut • California v General Motors • Kivlana v ExxonMobil • Greenpeace Australia Ltd v Redbank Power Co Pty Ltd • ACF v Latrobe City Council • Gray v Minister for Planning • Walker v Minister for Planning • WPS v Minister for the Environment and Heritage • Anvil Hill v Minister for Environment and Water Resources • FoE v Xstrata and appeal • Numerous Tribunal decisions

  7. Implications for the ASEAN Region • Car Manufacturing • Types of Fuel • Vegetation Clearing • Fires and Transboundary Issues • Others

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