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Full-Text Articles in Litigation
The Geography Of Climate Change Litigation: Implications For Transnational Regulatory Governance, Hari M. Osofsky
The Geography Of Climate Change Litigation: Implications For Transnational Regulatory Governance, Hari M. Osofsky
Hari Osofsky
This Article aims to forward the dialogue about transnational regulatory governance through a law and geography analysis of climate change litigation. Part II begins by considering fundamental barriers to responsible transnational energy production. Part III proposes a place-based approach to dissecting climate change litigation and a model for understanding its spatial implications. Parts IV through VI map representative examples of climate change litigation in subnational, national, and supranational fora. The Article concludes by exploring the normative implications of this descriptive geography; it engages the intersection of international law, international relations, and geography as a jumping-off point for a companion article.
Cool Lawsuits: Is Climate Change Litigation Dead After Kivalina V. Exxonmobil?, Mark L. Belleville
Cool Lawsuits: Is Climate Change Litigation Dead After Kivalina V. Exxonmobil?, Mark L. Belleville
Mark L. Belleville
Can emitters of greenhouse gases (“GHGs”) ever be held liable for harms caused by climate change? That is the limited question this Article addresses. While many commentators saw the Supreme Court’s 2007 decision in Massachusetts v. EPA (“Mass. v. EPA”) as an indication that such claims may receive favorable review, recent decisions suggest that there may be no theory under which the ExxonMobils of the world can be held liable for the effects of climate change. Specifically, in September 2012, the Ninth Circuit Court of Appeals held that a native Alaskan village on the tip of a barrier reef, whose …