Getting into Court: Standing, Political Questions and Climate Tort Claims
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چکیده
Within the time span of 1 month in late 2009, three Federal courts in the USA issued decisions touching on the justiciability of nuisance and other common law tort claims relating to climate change. These cases demonstrate that Massachusetts v. EPA (the US Supreme Court Case involving the question of the US Environmental Protection Agency’s (EPA) authority to regulate greenhouse gases (GHGs) under the Clean Air Act) has not resolved many questions about the role of the courts in addressing disputes related to climate change. Courts still grapple with the spatial and temporal distances between GHG emissions and their impacts, and still have questions about the appropriate branch of government to determine questions about climate policy. Judges remain divided as to whether the Federal courts should be adjudicating climate-related common law tort claims.reel_669 122..126
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