This article is based on a paper delivered at a Workshop on Climate Change Litigation, Policy and Mobilization held at the British Academy, London, April 26-27, 2012. The authors would like to thank the workshop participants and organizers, and anonymous reviewers for their helpful comments and feedback which have informed the subsequent development of this article.
Climate Change Litigation's Regulatory Pathways: A Comparative Analysis of the United States and Australia
Article first published online: 13 MAY 2013
© 2013 The Authors. Law & Policy © 2013 The University of Denver/Colorado Seminary
Law & Policy
Volume 35, Issue 3, pages 150–183, July 2013
How to Cite
Peel, J. and Osofsky, H. M. (2013), Climate Change Litigation's Regulatory Pathways: A Comparative Analysis of the United States and Australia. Law & Policy, 35: 150–183. doi: 10.1111/lapo.12003
- Issue published online: 10 JUN 2013
- Article first published online: 13 MAY 2013
This article provides a critical next step in scholarship on climate change litigation's regulatory role. It creates a model for understanding the direct and indirect regulatory roles of this litigation. It then applies this model to the United States and Australia, two key jurisdictions for climate change lawsuits, in order to explore the regulatory pathways that this litigation has taken, is taking, and likely will take. This analysis helps to illuminate the ways in which litigation influences regulation and forms part of climate change governance.