- Climate change is an urgent environmental problem requiring a rapid transition to sources of clean energy. Yet governments - both nationally and internationally - have moved only slowly and timidly to put in place the necessary long-term regulatory steps to reduce greenhouse gas emissions. In this setting environmental advocates have looked increasingly to courts, mounting ambitious climate litigation in an effort to block fossil fuel use and force consideration of climate change impacts in planning decisions. This innovative project analysed the capacity of climate litigation in key fossil-fuel producing countries, Australia and the US, to influence regulation so contributing to putting these nations on the path to a clean energy future. This project was funded by the Australian Research Council Discovery Project (DP 130100500) between 2013-2018.
- Professor Jacqueline Peel
Melbourne Law School
- Professor Hari Osofsky
Dean, Penn State Law and School of International Affairs
Project Outcomes: Australian Climate Change Litigation Database
This is the first comprehensive database of Australian case law relating to climate change and is updated regularly. It includes a wide range of cases on climate change adaptation and mitigation as well as cases concerning access to justice and regulating private behaviour.
Project Outcomes: Shaping the next generation of climate change litigation in Australia, November 2016
This workshop brought together participants from the judiciary, legal practice, environmental NGOs, advocacy organisations and academia to explore new and innovative avenues for future strategic climate change litigation in Australia against the background of the significant achievements of Australian climate change litigation to date.
Jacqueline Peel and Hari Osofsky, “Energy Partisanship” (2016) 65 (3) Emory Law Journal 695
Hari M Osofsky and Jacqueline Peel, “The Grass is not Always Greener: Congressional Dysfunction, Executive Action and Climate Change in Comparative Perspective” (2016) 91(1) Chicago Kent Law Review 139
Hari Osofsky, Lisa Benjamin, Michael Gerrard, Jacqueline Peel, “The 2015 Paris Agreement on Climate Change: Significance and Implications for the Future” (2016) 46(4) Environmental Law Reporter 10267
Jacqueline Peel and Hari Osofsky, Climate Change Litigation: Regulatory Pathways to Cleaner Energy (Cambridge University Press, 2015)
Jacqueline Peel and Hari Osofsky, “Sue to Adapt?” (2015) 99(6) Minnesota Law Review 2177
Jacqueline Peel, “The Australian carbon pricing mechanism: Promise and pitfalls on the pathway to a clean energy future” (2014 15(1) Minnesota Journal of Law, Science & Technology 429
Jacqueline Peel and Hari Osofsky, “Climate change litigation’s regulatory pathways: A comparative analysis of the United States and Australia” (2013) 35(3) Law and Policy 150
Hari Osofsky and Jacqueline Peel, “Litigation’s regulatory pathways and the administrative state: Lessons from U.S. and Australian climate change governance” (2013) 25 Georgetown International Environmental Law Review 207
Hari Osofsky and Jacqueline Peel, “The role of litigation in multilevel climate change governance: Possibilities for a lower carbon future?” (2013) 30(4) Environmental and Planning Law Journal 303