Environmental Law Before the Courts

ISBN-13: 9783031415265 / Angielski / Twarda / 2023

Opis

This book sheds light on the latest trends in environmental law by analyzing some of the main sectors of law, including administrative law, constitutional law, EU law, US Law,  and human rights law. It explores the evolution of these sectors before courts and tribunals from a US-EU perspective and from the perspectives of some of the foremost academics and justices from the major jurisdictions.

Supranational and national courts, both in Europe and in the US, have delivered significant environmental judgements in recent years. The corresponding case law reflects how, in many jurisdictions, environmental and climate litigation continues to expand exponentially as a tool to strengthen environmental protection, whether by pushing national governments to be more ambitious or by enforcing existing statutes and regulations.

Courts, particularly after the Paris Agreement, are increasingly seeking their own role as an important player in multilevel environmental governance. Courts in both the US and EU are at the forefront of this process and their role in shaping environmental rule of law will be fundamental in the near future.

Spis treści

NY State Courts.- How the U.S. courts have interpreted the relevance of the U.S. Constitution to environmental law.- The ECHR’s doctrine of legal standing in the era of modern environmental human rights.- Courts, the Environment, and the Irish Constitution.- The legal dimension of the environment in the European legal history.- The role of ECJ.- Administrative Courts and the Environment.- Judicial protection and the climate in the EU legal order in the context of Aarhus Convention.- Biodiversity Law before the Courts.- Climate change : what to ask to Courts” [cover the French administrative law cases "Affaire du Siècle" and "Grande Synthe" with very different approach (damage compensation vs action from State)].- How German judges decide environmental cases.- Environmental law in the U.S. legal system.- EPA and the evolution of environmental administrative law.- The contribution of the courts to the interpretation of the WTO Government Procurement Agreement – a European Perspective.- The concept of the public interest in environmental law.- The courts as change agents in the evolution of environmental law.- Arbitrating climate change before Investor – State dispute settlement tribunal.- Climate litigation in the Italian legal order.- The Relationship between Criminal Courts and regulatory authorities in the Italian environmental law.

O autorze

Dr. Giovanni Antonelli is currently a legal expert at the Cabinet of the Italian Minister of Culture. He was postdoctoral researcher at the European University Institute and at La Statale University of Milan. He is a board member of the Center for American Studies of Rome. His research interests concern administrative law, environmental law, climate change, health law, public policies, European law and institutions.

Prof. Michael Gerrard is the founder and faculty director of the Sabin Center for Climate Change Law and one of the foremost environmental lawyers in the nation. He writes and teaches courses on environmental law, climate change law, and energy regulation. He was the chair of the faculty of Columbia University’s renowned Earth Institute from 2015 to 2018.

Prof. Sara Colangelo is the Director of the Environmental Law & Justice Clinic and a Visiting Professor of Law. From 2015-2021 Professor Colangelo served as the Director of Georgetown’s Environmental Law and Policy Program, teaching multiple courses in environmental law. Her areas of specialty are environmental litigation and enforcement, including community considerations in the enforcement process.

Hon. Judge Giancarlo Montedoro is judge at Consiglio di Stato (Italian supreme administrative court) and professor of both public law and law & economics at LUISS University. He is an international renowned expert on administrative law. He is a prolific author and he has written extensively on the main topics of administrative law.

Hon. Judge Maurizio Santise is judge at TAR Campania (regional administrative court) and one of the foremost expert on administrative law. He also teaches administrative law at Suor Orsola Benincasa University.

Hon. Judge Luc Lavrysen is the President of the Constitutional Court of Belgium and an environmental law professor at Ghent University, where he leads the Centre for Environmental and Energy Law. He is also the president of the EU Forum of Judges for the Environment and has worked with UNEP on the role of the judiciary. Professor Lavrysen is a Founding Member of the Global Judicial Institute on the Environment.

Prof. Maria Vittoria Ferroni is a professor of administrative law and a lawyer. Her research interests include the main area of European administrative law. She is the author of several publications on the main topics of administrative law.