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Blue Jeans, Chewing Gum, And Climate Change Litigation: American Exports To Europe, Daniel Hare
Blue Jeans, Chewing Gum, And Climate Change Litigation: American Exports To Europe, Daniel Hare
Daniel Hare
This paper analyzes how American-style climate change litigation might be adopted by the European Union (EU) and projects potential methods by which the EU might employ the U.S. model, if it indeed chooses to take the climate change battle to the courts. By synthesizing existing U.S. case law in the environment and climate change fields, the paper roughly defines the “American model” of climate change litigation as parens patriae actions, oftentimes based in the tort of public nuisance, brought by states and other sovereign entities against polluter-defendants. The structural differences between the common law United States and predominantly civil law …
Blue Jeans, Chewing Gum, And Climate Change Litigation: American Exports To Europe, Daniel Hare
Blue Jeans, Chewing Gum, And Climate Change Litigation: American Exports To Europe, Daniel Hare
Daniel Hare
This paper analyzes how American-style climate change litigation might be adopted by the European Union (EU) and projects potential methods by which the EU might employ the U.S. model, if it indeed chooses to take the climate change battle to the courts. By synthesizing existing U.S. case law in the environment and climate change fields, the paper roughly defines the “American model” of climate change litigation as parens patriae actions, oftentimes based in the tort of public nuisance, brought by states and other sovereign entities against polluter-defendants. The structural differences between the common law United States and predominantly civil law …