In the absence of an international treaty to address climate change, litigation provides an alternative path to encourage mitigation of the causes or redress for the effects of climate change. This article focuses on causes of action that have been used, or could be used, to litigate issues...

What are the environmental laws of Australia and how and why were they developed? Answering these questions involves analysing the sources of environmental laws in Australia; the structure and content of Australian environmental laws; the judicial institutions that review, uphold and enforce...

Litigation raising climate change issues has increased in the number and types of cases and the countries and jurisdictions in which the litigation has been brought. This article briefly maps this climate change litigation. In some places, the territory is well charted but in other places these...

Economics provides tools to value the environment and impacts to it. The environment produces goods and services that contribute to the wellbeing and utility of humans. Human actions that adversely impact on the environment change the flow of goods and services and utility of humans. Economic...

The law and the environment interact in two directions. The law shapes the environment and humans dealing with it. The environment also shapes the law. This article illustrates some ways in which the environment, and disputes about it have influenced, and continue to influence, the development...

Sentencing statistics for criminal matters dealt with by the Land and Environment Court in New South Wales are now accessible in graphical form on the Judicial Information Research System (JIRS). This database is the first of its kind, meshing the traditional JIRS sentencing database approach...

Consultation by an administrative decision-maker with the public generally or with particular persons can be utilised to allow participation, and an opportunity to be heard, in the decision-making process. This article provides an overview of recent cases, especially in the United Kingdom, on...

The polluter pays principle is a key principle of ecologically sustainable development. The principle holds that those who generate pollution and waste should bear the costs of containment, avoidance and abatement. This article discusses Australian cases relating to four situations which reflect...

The Honourable Paul Stein AM served as a judge of the District Court, Land and Environment Court, and Court of Appeal of New South Wales. Amongst the many contributions he has made to the law in his distinguished judicial career, one of the most significant is development of the jurisprudence on...