Download 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
 Trends in Litigation in the United States and Australia
 Implications for ASEAN Region
International Context
USA
Australia
 Huge polluter
 Huge polluter per capita
 Heavily involved in
 Signed the Kyoto
climate change
Protocol and ratified in
negotiations
late 2007
 Refused to sign the Kyoto
Protocol
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
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
Major Intl Decisions
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