Presidian Legal Publications

Climate Change Litigation


 

Climate Change Litigation

Analysing the law, scientific evidence & impacts on 
the environment, health & property

 

By Dr Joseph Smith & Professor David Shearman

Forewords by:

John Scanlon, Vice Chair, IUCN Commission on Environmental Law

Prof Anthony McMichael, Director, National Centre for Epidemiology & Population Health, ANU (Canberra) & co-author of World Health Organization’s Climate Change & Human Health: Risks & Responses

 

 

 

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Pages: 216

Authors:  Dr J Smith & Professor D Shearman

Format: paperback

ISBN: 0-9757254-4-0

Published: September 2006

Sample pages: click here

 

In the absence of mandatory requirements on companies and governments to reduce greenhouse gas emissions, advocacy groups, public authorities and individuals are turning their attention to legal mechanisms as part of their efforts to compel corporations and governments to address global warming issues. 

Written for lawyers, business managers, policy makers, environmentalists and others with an interest in law and sustainability issues, this book provides a detailed overview and analysis of the key legal and scientific issues at the core of climate change litigation.

The text reviews potential grounds of liability, the strengths and weaknesses of plaintiff and defendant arguments and summarizes the first wave of ground-breaking law suits that have occurred over recent years. 

Within this legal framework, the text adopts an interdisciplinary examination and critical analysis of current scientific evidence supporting the consensus position on global warming, a key concern being the extent to which it meets legal thresholds for establishing causation between greenhouse gas emitting activities of defendants and harms suffered by plaintiffs.  Legal arguments supporting the position of global warming sceptics are also outlined and critiqued. 

The text also reviews risk, governance and policy issues that litigation poses for corporations.

 

About the authors

DR JOSEPH SMITH is a barrister and solicitor of the Supreme Court of South Australia. Dr Smith’s research for this work was supported by the Australian National Health and Medical Research Council in view of the major public health issues posed by global warming.

PROFESSOR DAVID SHEARMAN is Emeritus Professor of Medicine, University of Adelaide, and a Visiting Research Fellow at the University’s Department of Geography and Environmental Sciences and Law School.  Professor Shearman was an Assessor for the Intergovernmental Panel on Climate Change Third Assessment Report and will be an Assessor for the Panel's Fourth Assessment Report.  Professor Shearman has been a Visiting Associate Professor at Yale University and is currently Secretary of Doctors for the Environment Australia, an organisation which aims to address health issues arising from damage to the environment. The organisation is a member of the International Society of Doctors for the Environment which pursues the same aim worldwide.  Professor Shearman is also a former President of the Conservation Council of South Australia.

 

Table of Contents (to view  full table of contents - click here)

   

Preface

1.

An Introduction to Climate Change Litigation

2.

Public Law Actions

3.

Private Law Actions

4.

Establishing Causation: Legal Requirements & Scientific Evidence

5.

Assessing the Harm: Global Warming Impacts on Human Health

6.

Litigation or Partnership? Risk, Governance & Policy Issues

 

 


Book Reviews

 

...an excellent introduction to the topic...

- UK Environmental Law Association, E-Law journal, Issue 33, December 2006

 

... a timely, well researched resource that will be of great value to anyone with an interest in the topic – be they a potential plaintiff, defendant, judge or observer in the gallery.

- John Scanlon, Vice Chair, IUCN Commission on Environmental Law, Sydney (Foreword)

 

The book offers a unique overview of climate change litigation in international law, mainly in the context of the national legal systems operating in the United States and Australia. Considering the relatively new topic addressed by the book, the case law collection provided by the authors may be helpful for consultation and comparison also among EU lawyers and stakeholders.

- Leonardo Massai, European Environmental Law website, 2007

 

The book is well researched...Refreshingly the arguments of climate sceptics are not ignored and their arguments are acknowledged as being definite obstacles for legal challenges...It seems likely that legal actions will continue to have an important role to play in the grand scheme of climate change control and this book provides an interesting introduction to the issue. View full review

C Thomson, Queensland Lawyer (2007) 28 Qld Lawyer 36 (Thomson Legal & Regulatory)

 

…an excellent all-round introduction to this topic… highly original… the book will make a substantial contribution in a field of growing importance.

- Dr Paul Babie, Lecturer, School of Law, University of Adelaide

 

The book has broad compass and seeks an admirable integration of scientific knowledge... and legal processes.

- Prof Anthony McMichael, Director, National Centre for Epidemiology & Population Health, Australian National University, Canberra & co-author of WHO’s Climate Change & Human Health: Risks & Responses (Foreword)

 

As an academic, general practitioner and public health physician I found great value in the multi-disciplinary approach found in this book.  It is original in content…well referenced and thought provoking…The effect of global warming and ecological change on human health is a great challenge, exploring the public and private legal options will be of great interest to many.

- Dr Nigel Stocks, Acting Head & Director of Primary Health Care Research Evaluation & Development Program, Dept of General Practice & Associate Dean (student) Medical School, University of Adelaide

 

...a very readable and important book outlining the emergence of a new weapon to tackle the crisis of global warming, detailing the various legal realms through which governments and corporations could be held accountable…a very forthright dissection on the voluminous evidence for global warming thus far accumulated, and a clear appraisal of the position of the climate change sceptics.

- Pat O'Neil, Friends of the Earth in Chain Reaction, Issue 99 Mar 07

 

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