Chapter 14: Adjudication

Recommended materials

Philippe Sands, “Climate Change and the Rule of Law: Adjudicating the Future in International Law” (2016) 28:1 Journal of Environmental Law 19

Daniel Bodansky, “The Role of the International Court of Justice in Addressing Climate Change: Some Preliminary Reflections” (2017) 49:2 Arizona State Law Journal 689

Brian J. Preston, “The Contribution of the Courts in Tackling Climate Change” (2016) 28:1 Journal of Environmental Law 11

Supplementary materials

District Court of the Hague, Urgenda Foundation v. The State of the Netherlands, judgment of 24 June 2015 (unofficial translation)

High Court of Lahore, Ashgar Leghari v. Federation of Pakistan, order of 14 September 2015

Latest materials

Gloucester Resources Limited v Minister for Planning [2019] NSWLEC 7

https://www.caselaw.nsw.gov.au/decision/5c59012ce4b02a5a800be47f

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Indigenous Environmental Network v US Department of State, District Court of Montana, 8 November 2018 (XL Pipeline case)

https://int.nyt.com/data/documenthelper/477-keystone-pipeline-ruling/65a3e8e6f46749f49942/optimized/full.pdf#page=1

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In the news

“Federal judge demands Trump administration reveal how its drilling plans will fuel climate change”

Washington Post (20 March 2019), reporting on a ruling that blocks drilling on 300,000 acres of leases in Wyoming. https://www.washingtonpost.com/climate-environment/2019/03/20/federal-judge-casts-doubt-trumps-drilling-plans-across-us-because-they-ignore-climate-change/?noredirect=on&utm_term=.df9c53bd72c8

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Judge Blocks Disputed Keystone XL Pipeline in Setback for Trump

https://www.nytimes.com/2018/11/09/climate/judge-blocks-keystone-pipeline.html

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Judge Throws Out New York Climate Lawsuit

https://www.nytimes.com/2018/07/19/climate/climate-lawsuit-new-york.html

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