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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 • Refused to sign the Kyoto Protocol Australia • Huge polluter per capita • Signed the Kyoto Protocol and ratified in late 2007

  4. 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

  5. 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

  6. Major Intl Decisions

  7. 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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