Climate Change Litigation's Regulatory Pathways: A Comparative Analysis of the United States and Australia

Abstract

This article provides a critical next step in scholarship on climate change litigation's regulatory role. It creates a model for understanding the direct and indirect regulatory roles of this litigation. It then applies this model to the United States and Australia, two key jurisdictions for climate change lawsuits, in order to explore the regulatory pathways that this litigation has taken, is taking, and likely will take. This analysis helps to illuminate the ways in which litigation influences regulation and forms part of climate change governance. © 2013 The Authors. Law & Policy © 2013 The University of Denver/Colorado Seminary.