Climate Change Litigation as Pluralist Legal Dialogue

Slide 1 Climate Change Litigation as Pluralist Legal Dialogue? Presentation by Hari M. Osofsky February 24, 2007 Climate Change Liability and the Allocation of Risk Stanford Law School Climate Change Litigation as Pluralist Legal Dialogue? Map of Talk I. Actors in Dialogue: A Case Study of California II. Petitions in Dialogue: A Case Study of Claims Before Supranational Tribunals III. Pluralist Pressures on International Lawmaking Climate Change Litigation as Pluralist Legal Dialogue? I. Actors in Dialogue: A Case Study of California California’s Lawsuits Coke Oven Env Task Force v. EPA Conn v. California v. Am. Elec. NHTSA Power Co., CA Mass v. EPA Cal v. GM Cen. Valley Chrysler-Jeep v. Witherspoon Climate Change Litigation as Pluralist Legal Dialogue? I. Actors in Dialogue: A Case Study of California California’s Lawsuits: Massachusetts v. EPA RIMACT Am CA Samoa ICTA Greenpeace CBD Ctr for Food Safety Conservation Law Foundation NYC OR GOVT Baltimore US PIRG DC NY Environmental NONGOVT Advocates Environmental Defense VT Union of Concerned Scientists Sierra Club NM WA NJME IL FOE Nat’l Env NRDC Trust Climate Change Litigation as Pluralist Legal Dialogue? I. Actors in Dialogue: A Case Study of California California’s Lawsuits: Massachusetts v. EPA EPA UT AK ID Alliance of Auto Mfgs Utility Air Reg Group Nat’l Auto Dealers Assoc TX GOVT SD OH ND NE KS MI NONGOVT CO2 Litig Group Engine Mfgs Assoc Truck Mfgs Assoc Climate Change Litigation as Pluralist Legal Dialogue? I. Actors in Dialogue: A Case Study of California California’s Policy Dialogue State Legislation State Reps in U.S. Congress State as Plaintiff CA Cities and Kyoto Cities as Plaintiffs Cities in ICLEI Climate Change Litigation as Pluralist Legal Dialogue? I. Actors in Dialogue: A Case Study of California Beyond Traditional Scalar Models? Traditional Models International National National International/Subnational Subnational Climate Change Litigation as Pluralist Legal Dialogue? I. Actors in Dialogue: A Case Study of California Beyond Traditional Scalar Models? Pluralist Models National Supranational: Regional International Lawmaking Subnational: State Supranational: International Subnational: Local Climate Change Litigation as Pluralist Legal Dialogue? II. Petitions in Dialogue: A Case Study of Claims Before Supranational Tribunals Substantive Barriers Climate Change Impacts Available International Legal Categories Climate Change Litigation as Pluralist Legal Dialogue? II. Petitions in Dialogue: A Case Study of Claims Before Supranational Tribunals Structural Barriers Timeframe Multiplicity of Relevant Scales Multiplicity of Relevant Actors Climate Change Litigation as Pluralist Legal Dialogue? II. Petitions in Dialogue: A Case Study of Claims Before Supranational Tribunals Challenge for International Law Making Formal Law Informal “Law” Climate Change Litigation as Pluralist Legal Dialogue? III. Pluralist Pressures on International Lawmaking Pressure Points Scale Formal/Informal Climate Change Litigation as Pluralist Legal Dialogue? III. Pluralist Pressures on International Lawmaking Question 1: In a more pluralist model, what is international International law? Law??? Climate Change Litigation as Pluralist Legal Dialogue? III. Pluralist Pressures on International Lawmaking Question 2: If legal pluralism de-centers the nation-state and replaces it with multiple lawmakers, how does one know who those lawmakers are? International Lawmakers??? Climate Change Litigation as Pluralist Legal Dialogue? III. Pluralist Pressures on International Lawmaking The Road Ahead? Rights Environment Legal Pluralism Law and Geography Public Private National Judicial Dialogue State International Formal “Law” Informal “Non-Law” Local Slide 16 Climate Change Litigation as Pluralist Legal Dialogue? Presentation by Hari M. Osofsky February 24, 2007 Climate Change Liability and the Allocation of Risk Stanford Law School