egulatory action to deal with the climate change problem. In essence,
how does litigation shape regulatory and behavioral responses to climate
change, and, in the process, pathways toward a “cleaner energy” future –
sustainable, low-carbon societies that will be resilient in the face of a
changing climate?
The book examines this central question from a range of different
perspectives: the roles of climate change litigation as a tool for (1) reducing
greenhouse gas emissions and increasing adaptation to the effects of
climate change, (2) changing social and business norms, and (3) providing
a forum in which pro- and antiregulatory forces interact. It combines
doctrinal analysis of the case law and associated regulatory development
with unique insights about the significance of the litigation drawn from
interviews with those actively involved in bringing, adjudicating, and
responding to the lawsuits.
Two countries provide the main case studies for this examination: the
United States and Australia. These are the nations in which the most
climate change litigation has taken place. As major players in the global
carbon economy, both countries also face significant challenges in transitioning
away from reliance on fossil fuels like coal to foster a cleaner
energy future.