Juliana v United States of America: The Final Frontier for Climate Litigation in America?

2020 ◽  
Vol 20 (1) ◽  
pp. 7-26
Author(s):  
Yolandi Meyer ◽  
Willem H. Gravet

Summary This article analyses the protracted climate change case of Juliana v United States of America. We consider the history of the case as well as the most recent judgment of the Federal Court of Appeals, which seems to be the final judgment in this case as it is not foreseen that the case will be appealed with any success. The Juliana case provided hope for many people in the United States that the case would be able to succeed and possibly alter climate change policy in the country. Although the latest judgment will be disappointing to climate change activists and those affected by climate change, we agree with the ruling of the majority opinion in the Court of Appeals case and believe that it is a sound legal decision despite its general disapprobation.

2019 ◽  
Vol 29 (1) ◽  
pp. 51-74
Author(s):  
Daniel A. Mazmanian ◽  
John L. Jurewitz ◽  
Hal T. Nelson

It is a long-held belief among scholars and practitioners that the State of California is a notable subnational leader in environmental and climate change policy. This article focuses primarily on four essential contextual factors that explain why and how within the United States’ federal system of government California has become such an important leader, performing far in excess of the national government and most other states. These essential factors are preferences, authority, capacity, and effectiveness. The article then moves to the multifaceted implementation strategy California policy makers have employed to realize their environmental goals. Finally, despite the history of strong leadership, the state continues to face a host of significant challenges in realizing its ambitious climate change goals for the coming decades.


2017 ◽  
Vol 95 (3) ◽  
pp. 713-729 ◽  
Author(s):  
Anna Kukkonen ◽  
Tuomas Ylä-Anttila ◽  
Jeffrey Broadbent

2013 ◽  
Vol 2 (4) ◽  
pp. 119
Author(s):  
Taylor A. Murray

The contemporary models of climate change policy-making in the United States are particular to this decade. The increased role for experts and expert-led policymaking is unprecedented. However this power has been paradoxical. This paper argues that an excessive role for science in discussions of climate change has undermined the public’s role, and has thus undermined the efforts on behalf of policymakers to pass comprehensive climate change policy. Two main aspects of the excessive role for science in the formation of climate policy were found to be 1. the large influence of dissenting scientists on the debate, and 2. the alienation of the public from the discourse. Further, possible scenarios for policymaking, which better balance the roles of experts, the public, and policymakers, are discussed and frameworks for the future are outlined.


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