23 Mar 2011
Panel 3. Climate Change Litigation: One Pathway to Past & Future Relief for Climate Change Victims
Climate Change Litigation
3.30-4.50
Co-sponsored by the Orange County Human Rights Association
• Facilitated by Cara Horowitz, Andrew Sabin Family Foundation Executive Director, Emmett Center on Climate Change and the Environment, UCLA School of Law
• Panelists include:
- Hari Osofsky, Associate Professor, University of Minnesota School of Law
- Neil Popović, Partner, Business Trial practice group, and Chair, International Arbitration Practice, Sheppard Mullin Richter & Hampton LLP
- Mary Wood, Philip H. Knight Professor of Law, and Faculty Director, Environmental and Natural Resources Law Program, University of Oregon School of Law
Panel Synopsis: Litigation has emerged as a potentially fruitful avenue to argue for changes in climate regulation or claim relief for past and future injuries of climate change victims. This panel discusses the evolving state of climate change litigation, highlighting the successes and failures of the few climate change cases that have been pursued both domestically and internationally. The panel will then evolve into an interactive strategy session, where panelists and audience members can debate venue, defendants, and legal theory in order to identify promising litigation strategies for the future.
If you have any comments on this panel or topic, please comment here.
I hope the panel discusses the concerns raised by the recent court decision brought by environmental justice advocates under the California Environmental Quality Act that prevents (or at least slows down) the California Air Resources Board from moving forward with its Scoping Plan for AB 32, California’s climate change mitigation law. The court determined that the ARB’s scoping plan violated CEQA because it failed to adequately analyze alternatives to the proposed cap-and-trade regulatory program.
Unlike most of the climate change litigation in the U.S., this is a litigation that pits environmental justice advocates against environmentalists that want to see California act to reduce the greenhouse gases that cause global climate change. As such, it raises fundamental issues of great importance to environmentalists generally and environmental justice advocates specifically. In particular, it raises the question of how policies that are designed for the environmental benefit of many may produce environmental harm for a few.
as Cara is the moderator for this panel, I suspect that it will be discussed, but I for one want to make a push for this!
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