Table of Contents

Elgar Encyclopedia of Environmental Law

Elgar Encyclopedia of Environmental Law

Edited by Michael Faure

The Elgar Encyclopedia of Environmental Law is a landmark reference work, providing definitive and comprehensive coverage of this dynamic field. The Encyclopedia is organised into 12 volumes around top-level subjects – such as water, energy and climate change – that reflect some of the most pressing issues facing us today. Each volume probes the key elements of law, the essential concepts, and the latest research through concise, structured entries written by international experts. Each entry includes an extensive bibliography as a starting point for further reading. The mix of authoritative commentary and insightful discussion will make this an essential tool for research and teaching, as well as a valuable resource for professionals and policymakers.

Chapter I.30: The role of the national courts in GHG emissions reductions

Michael B Gerrard and Meredith Wilensky

Subjects: environment, environmental law, law - academic, environmental law

The Elgar Encyclopedia of Environmental Law is a landmark reference work, providing definitive and comprehensive coverage of this dynamic field. The Encyclopedia is organised into 12 volumes around top-level subjects – such as water, energy and climate change – that reflect some of the most pressing issues facing us today. Each volume probes the key elements of law, the essential concepts, and the latest research through concise, structured entries written by international experts. Each entry includes an extensive bibliography as a starting point for further reading. The mix of authoritative commentary and insightful discussion will make this an essential tool for research and teaching, as well as a valuable resource for professionals and policymakers.

Abstract

Litigation has played a central role in the development of regulations concerning greenhouse gas (GHG) emissions in the United States. A 2007 decision of the United States Supreme Court declared that the Environmental Protection Agency (EPA) has authority to regulate GHGs under the Clean Air Act. This ruling became the principal basis for most of the US climate regulations that followed at the federal level. All of the regulations that emerged have been the subject of large volumes of lawsuits claiming they are invalid; so far most of these regulations have survived these attacks. Litigation is also frequently used to challenge specific projects. Outside of the United States, the volume of climate-related litigation is much smaller, and it has tended to involve only particular projects or the administration of emissions trading systems; there have been very few cases that have broad significance to GHG regulation. However, a decision was issued by a Dutch court in June 2015, which, if it survives appeal and is followed elsewhere, will have major importance.

Abstract

Litigation has played a central role in the development of regulations concerning greenhouse gas (GHG) emissions in the United States. A 2007 decision of the United States Supreme Court declared that the Environmental Protection Agency (EPA) has authority to regulate GHGs under the Clean Air Act. This ruling became the principal basis for most of the US climate regulations that followed at the federal level. All of the regulations that emerged have been the subject of large volumes of lawsuits claiming they are invalid; so far most of these regulations have survived these attacks. Litigation is also frequently used to challenge specific projects. Outside of the United States, the volume of climate-related litigation is much smaller, and it has tended to involve only particular projects or the administration of emissions trading systems; there have been very few cases that have broad significance to GHG regulation. However, a decision was issued by a Dutch court in June 2015, which, if it survives appeal and is followed elsewhere, will have major importance.

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