Download Adjudicating Climate Change: State, National, and by William C. G. Burns, Hari M. Osofsky PDF

By William C. G. Burns, Hari M. Osofsky

Courts have emerged as a very important battleground in efforts to manage weather swap. over the last numerous years, tribunals at each point of presidency world wide have noticeable claims concerning greenhouse fuel emissions and affects. those situations depend upon varied felony theories, yet all concentrate on executive law of weather switch or the activities of significant company emitters. This ebook explores weather activities in kingdom and nationwide courts, in addition to overseas tribunals, so one can clarify their regulatory value. It demonstrates the position that those instances play in broader debates over weather coverage and argues that they function an immense strength in pressuring governments and emitters to handle this significant challenge. As legislation organizations and public curiosity companies more and more improve weather perform components, the publication serves as a vital source for practitioners, policymakers, and lecturers.

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Additional resources for Adjudicating Climate Change: State, National, and International Approaches

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See id. See In the Matter of the Quantification of Environmental Costs, supra note 5. 21 He then turned to the task of determining the specific pollutants that would be subject to environmental cost valuation. Carbon dioxide was the most controversial of the proposed pollutants. The environmental interests lobbied strenuously for the inclusion of carbon dioxide, while the utility companies presented expert testimony that denied climate change or disputed its significance. In the Matter of Quantification of Environmental Costs was one of the first cases to test the science of climate change in a court setting.

Paul, MN (Oct. 27, 2006). 34 Stephanie Stern industry. The utilities apparently did not notice the adder provision until after it was signed into law, at which point they vigorously opposed it. The passage of the adder approach, and the threat that it would remain on the books, gave the legislature and environmental interests strong political leverage. In the face of political outcry and significant implementation concerns, the legislature repealed the adder in 1993 but was able to replace it with a second piece of legislation, the environmental cost valuation statute.

The cost valuation statute provided no substantive guidance on how to implement its broad dictate that the Commission consider environmental costs in resource planning decisions. It did not specify how the Commission should weigh environmental costs against other concerns, such as consumer rates. The statute also left open such 12 13 14 15 Minn. Stat. 2422(3)(a). Id. 2422 added a new dimension by requiring utilities to actually quantify these costs. See Findings of Fact, Conclusions of Law and Order Adopting Rules, Minnesota Public Utilities Commission, Docket No.

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