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Climate Change Law and PolicyEU and US Perspectives$
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Cinnamon P. Carlarne

Print publication date: 2010

Print ISBN-13: 9780199553419

Published to Oxford Scholarship Online: January 2011

DOI: 10.1093/acprof:oso/9780199553419.001.0001

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Litigation, Regulation, and International Law as Law and Policy Drivers in the United States

Litigation, Regulation, and International Law as Law and Policy Drivers in the United States

Chapter:
(p.98) 4 Litigation, Regulation, and International Law as Law and Policy Drivers in the United States
Source:
Climate Change Law and Policy
Author(s):

Cinnamon Piñon Carlarne

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199553419.003.0004

This chapter examines how public and private actors are using litigation, regulation, and international law to influence federal climate policy. It begins by reviewing past and present climate change litigation in the US to suggest the role of litigation in shaping federal climate policy. It then explores the varied ways in which domestic and foreign citizens are attempting to use existing domestic legal and regulatory regimes and international legal mechanisms to compel the US federal government to limit domestic greenhouse gas emissions. The chapter concludes by examining how domestic and international efforts to use litigation and regulation coupled with on-going sub-federal legal and political initiatives influence climate policy in the US.

Keywords:   Litigation, Regulation, Common law, Clean Air Act, Endangered Species Act, Clean Water Act, National Environmental Policy Act, World Heritage Convention, Inter-American Commission on Human Rights

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