By Jacqueline Peel and Michael Power*
California is widely recognised as a leading jurisdiction in the area of climate change law, adopting innovative and ambitious measures on issues such as renewable energy use and the incorporation of global warming considerations into environmental assessment. This article analyses the key elements of Californian climate change law in order to highlight the ways in which other climate regulatory frameworks might be modified, or more imaginatively implemented, in order to improve their environmental effectiveness. Comparisons are drawn principally with Australian climate change measures because of the similarities that exist in environmental factors, governance and regulatory structures between Australia and the United States. The final section of the article focuses on the broader lessons for domestic climate change law from the Californian experience, including the importance of an integrated regulatory approach and the capacity to adapt pre-existing environmental laws to deal with the novel problem of climate change.
The full article can be accessed here: “Climate change law: Lessons from the Californian experience” (2010) 27 EPLJ 169.
*Jacqueline Peel: Associate Professor at Melbourne Law School. Michael Power: LLB/BA (Melbourne): Law Graduate, Mallesons Stephen Jaques.