In recent years, the number of court cases around theworld raising the issue of climate change has
increased dramatically, especially in jurisdictions that have not yet adopted effective national responses
to climate change, such as Australia and the United States. In these countries, litigation provides an
alternative path to encourage mitigation of the causes and adaptation to the effects of climate change.
In Australia, much of the litigation, particularly the early climate change cases, has taken place in state
courts or administrative tribunals, and has focused on applying existing legislation to require government
decision-makers to consider future climate-associated risks in planning decisions. The influence of these
cases have been wide reaching, leading to the revision or formulation of government policies on mining
and coastal management. Other cases, particularly within federal courts, have been less successful, but
have nonetheless highlighted areas in need of law reform. In the United States, recent high-profile cases
targeting major sources of greenhouse gas emissions including power stations have raised novel arguments
based on common law public nuisance grounds and the public trust doctrine. This article examines the
extent to which climate change litigation, mainly in Australia, but also in the United States, has influenced
government decision-makers, legislatures, and polluters to curb emissions and adapt to the impacts of
climate change.
Comparison among Three Groups of Solar Thermal Power Stations by Data Envelopment Analysis
