The statutory relevance of greenhouse gas emissions in environmental regulation

Fisher, Douglas E. (2007) The statutory relevance of greenhouse gas emissions in environmental regulation. Environmental and Planning Law Journal, 24(3), pp. 210-236.

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The discharge of noxious or polluting substances into the environment is currently controlled by the law in a number of ways. These include a range of statutory arrangements for environmental planning and environmental protection. Are greenhouse gases noxious or polluting substances within the meaning of these statutory arrangements? If so, does climate change as a possible consequence of greenhouse gas emissions fall within the scope of these arrangements? The answer to these questions depends to a large extent upon the precise language of the legislation, how it is structured and the function it is designed to perform. This article seeks to respond to these questions by reviewing the current environmental planning and environmental protection legislation in each of the states in Australia and by analysing four recent judicial approaches to these issues.

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ID Code: 19329
Item Type: Journal Article
Refereed: Yes
ISSN: 0813-300X
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Copyright Owner: Copyright 2007 Lawbook Co.
Deposited On: 31 Mar 2009 04:55
Last Modified: 29 Feb 2012 13:33

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