Journal article

A “Next Generation” of Climate Change Litigation?: An Australian Perspective

Jacqueline Peel, Hari Osofsky, Anita Foerster

Oñati Socio-legal Series | Oñati International Institute for the Sociology of Law | Published : 2019


Since conclusion of the Paris Agreement and the high-profile Urgenda case, potential new avenues for strategic climate litigation have received considerable attention in many countries, including Australia. Australia already has a substantial climate jurisprudence, primarily involving administrative challenges under environmental laws. This paper aims to examine the prospects for a “next generation” of cases focused on holding governments and corporations to account for the climate change implications of their actions. We draw on analysis of existing legal precedent and emerging cases to explore four key aspects: drivers for next generation lawsuits, potential legal avenues, and likely enabl..

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University of Melbourne Researchers


Awarded by NSF's Law and Social Science Program

Awarded by Australian Research Council

Funding Acknowledgements

The paper was presented at a workshop on Regulating Climate Change: Governance and Legal Mobilization held at the Onati International Institute For The Sociology Of Law, July 27-28, 2017 (additional support provided by a grant from the NSF's Law and Social Science Program, Grant No. 1717145) and we are grateful for the comments and helpful feedback from participants, as well as anonymous referees.This work was supported by the Australian Research Council, DP130100500, Transition to a Clean Energy Future: The Role of Climate Change Litigation in Shaping our Regulatory Path (J. Peel and H. Osofsky).