Climate Change in the Courts: An Assessment of Non-U.S. Climate Litigation

As the impacts of a warming climate system become more apparent and countries across the globe begin to implement mitigation and adaptation measures, the issue of climate change has increasingly arisen in litigation. While there has been substantial literature examining how the issue of climate change has manifested in U.S. courts, this article is the first large-scale assessment of climate change litigation outside the United States. Based on an empirical study of all reported non-U.S. litigation, this article discusses what types of claims have arisen; how climate litigation varies by jurisdiction; who the key players are; and what their primary goals are. Drawing upon these findings, this article assesses how courts have dealt with the issue of climate change and the role litigation is playing in the formation of climate change policy. This comprehensive assessment reveals that climate change litigation is almost entirely concentrated in five jurisdictions: Australia, New Zealand, the European Union, Spain, and the United Kingdom. The nature of these suits varies widely across jurisdictions, reflecting each jurisdiction’s unique legislative and regulatory framework, energy portfolio, and legal system. Generally, however, non-U.S. climate change cases have mostly been tactical suits aimed at specific projects or details regarding implementation of existing climate policies, especially emissions trading systems. In examining climate change jurisprudence, this article finds that the courts accept the scientific consensus surrounding climate change and tend to treat climate change much like any other environmental issue

Climate Change in the Courts: An Assessment of Non-U.S. Climate Litigation

In 2007 Arnold & Porter (later joined by the Sabin Center for Climate Change Law at Columbia Law School) compiled and proceeded to update a comprehensive collection of judicial decisions from U.S. courts concerning climate change. Largely drawing on that work, in 2012, Professor David Markell of Florida State University College of Law and Professor J.B. Ruhl of Vanderbilt University Law School published an empirical assessment of climate change litigation in the United States. Since 2011, the Sabin Center has maintained a compilation of climate change cases from outside the United States. Using the categorization methods employed in the Markell and Ruhl study, this paper casts light on the “who, what, why, and how” of climate change litigation and investigates the role of the courts in the development of climate change policy outside of the United States. This study includes all climate change litigation decisions we have found from all jurisdictions outside of the U.S. through 2013. Cases were only included in the study if climate change played a central role in the issues being considered by the court. Through this process, 173 cases were identified. Cases were then coded by eight factors: (1) type of plaintiff; (2) type of defendant; (3) type of claim being brought; (4) year; (5) jurisdiction; (6) general objective of the litigation; (7) statutes and other legal sources supporting the claims; and (8) the outcome of the cases

Authority of Pacific Island States to Regulate Greenhouse Gases from the International Shipping Sector

This white paper assesses Pacific island states’ legal authority under international law to regulate greenhouse gas emissions from the international shipping sector and considers what regulatory options are permissible within this legal framework

Genetic associations at 53 loci highlight cell types and biological pathways relevant for kidney function.

Reduced glomerular filtration rate defines chronic kidney disease and is associated with cardiovascular and all-cause mortality. We conducted a meta-analysis of genome-wide association studies for estimated glomerular filtration rate (eGFR), combining data across 133,413 individuals with replication in up to 42,166 individuals. We identify 24 new and confirm 29 previously identified loci. Of these 53 loci, 19 associate with eGFR among individuals with diabetes. Using bioinformatics, we show that identified genes at eGFR loci are enriched for expression in kidney tissues and in pathways relevant for kidney development and transmembrane transporter activity, kidney structure, and regulation of glucose metabolism. Chromatin state mapping and DNase I hypersensitivity analyses across adult tissues demonstrate preferential mapping of associated variants to regulatory regions in kidney but not extra-renal tissues. These findings suggest that genetic determinants of eGFR are mediated largely through direct effects within the kidney and highlight important cell types and biological pathways

Lessons from State Legislatures: Building an Economic Case for Federal Action to Mitigate Climate Change

Mentor: William R. Lowry From the Washington University Undergraduate Research Digest: WUURD, Volume 4, Issue 1, Fall 2008. Published by the Office of Undergraduate Research. Henry Biggs, Director of Undergraduate Research and Associate Dean in the College of Arts & Sciences; Joy Zalis Kiefer, Undergraduate Research Coordinator, Co-editor, and Assistant Dean in the College of Arts & Sciences; Kristin Sobotka, Editor

Climate Change in the Courts: An Assessment of Non-U.S. Climate Litigation

In 2007 Arnold & Porter (later joined by the Sabin Center for Climate Change Law at Columbia Law School) compiled and proceeded to update a comprehensive collection of judicial decisions from U.S. courts concerning climate change. Largely drawing on that work, in 2012, Professor David Markell of Florida State University College of Law and Professor J.B. Ruhl of Vanderbilt University Law School published an empirical assessment of climate change litigation in the United States. Since 2011, the Sabin Center has maintained a compilation of climate change cases from outside the United States. Using the categorization methods employed in the Markell and Ruhl study, this paper casts light on the “who, what, why, and how” of climate change litigation and investigates the role of the courts in the development of climate change policy outside of the United States. This study includes all climate change litigation decisions we have found from all jurisdictions outside of the U.S. through 2013. Cases were only included in the study if climate change played a central role in the issues being considered by the court. Through this process, 173 cases were identified. Cases were then coded by eight factors: (1) type of plaintiff; (2) type of defendant; (3) type of claim being brought; (4) year; (5) jurisdiction; (6) general objective of the litigation; (7) statutes and other legal sources supporting the claims; and (8) the outcome of the cases

Authority of Pacific Island States to Regulate Greenhouse Gases from the International Shipping Sector

This white paper assesses Pacific island states’ legal authority under international law to regulate greenhouse gas emissions from the international shipping sector and considers what regulatory options are permissible within this legal framework

Tertiary Education for Sustainability: Four Australian Universities’ Commitment to Sustainability

With increasing evidence of issues such as global climate change and environmental degradation, the need for sustainable development has become evident. While achieving sustainability will require many approaches, there is an immense body of literature, declarations and charters supporting education as key. Tertiary education is particularly important because universities are training our future leaders and professionals. For this reason, universities have a moral responsibility to prepare to work toward achieving a sustainable world. Unfortunately, integrating sustainability education is complex, requiring a paradigm shift toward collaboration, interdisciplinary education and an action-oriented approach. This study analyzed the extent to and manner in which sustainability has been integrated into the tertiary curricula of four disciplines: Architecture, Business, Economics and Engineering. Additionally, the major divers and impediments of EfS were reviewed in order to assist universities to take the necessary actions to overcome barriers and effectively implement EfS. The research was conducted over a one month period at Griffith University, Swinburne University of Technology, University of Sydney, and University of Melbourne. Data was collected in two main forms: 1) course handbooks analysis and 2) interviews with professors from each faculty studied. Data revealed that sustainability as a concept has infiltrated into other disciplines, but at greatly varied levels. Engineering at Griffith and Swinburne and Architecture have accomplished EfS implementation in a well integrated and action-oriented manner, while Business and Economics display a much more limited level of integration. Griffith and Swinburne have made more progress across disciplines, in part due to the universities’ committed executive staffs’ top-down action complementing bottom-up support. Major drivers proved to be a mixture top-down and bottom-up action in addition to pressure from accreditation bodies. The most pervasive impediment was structural impediments of the curriculum itself. The lack of resources on EfS also is an important barrier and requires the further development of case studies and staff education. While no university has achieved complete integration of EfS, the data suggests that within the next 5-10 years Australian Universities will see substantial improvements in the integration of interdisciplinary sustainability education

Authority of Pacific Island States to Regulate Greenhouse Gases from the International Shipping Sector

This white paper assesses Pacific island states’ legal authority under international law to regulate greenhouse gas emissions from the international shipping sector and considers what regulatory options are permissible within this legal framework