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