1. Peter Wulf Member, Commonwealth Administrative Appeals Tribunal, Barrister and Scientist

2. Overview The United States and Australia in the Climate Change Context Regulatory Regime in the United States and Australia Trends in Litigation in the United States and Australia Reference also to New Zealand Implications for Asia Pacific Region

3. International Context USA Huge polluter Heavily involved in climate change negotiations Refused to sign the Kyoto Protocol Australia Huge polluter per capita Signed the Kyoto Protocol and ratified in late 2007

4. Federal Regulatory Context USA – Federal Law Limited specific statutory law Clean Air Act National Environmental Policy Act Administrative Procedures Act National Climate Program Act Global Climate Protection Act Australia National Greenhouse and Energy Reporting Act Environment Protection and Biodiversity Conservation Act Carbon Tax under Clean Energy Act

5. Litigation USA Cases Predominantly single aspect greenhouse gas emissions re their increases in climate change Australian Cases Dual Aspect greenhouse gas emissions re their increases in climate change Impacts of climate change on projects etc

6. USA Decisions Massachusetts v Environmental Protection Agency American Electric Power v Connecticut Native Village of Kivalina v Exxon Mobil Corp et al

7. Australian Decisions WPS v Minister for the Environment and Heritage Anvil Hill Gray Hunter Environmental Lobby Inc v Ulan Mines ACF v Latrobe City Council

8. Australian Decisions Gippsland Coastal Board v South Gippsland Shire Council Taip v East Gippsland Shire Council Drake-Brockman v Minister for Planning

9. New Zealand Decisions Environmental Defence Society v Auckland Regional Council Genesis Power Limited v Franklin District Council Teitiota

10. Implications for the Asia-Pacific Region Standing to bring an Action Car Manufacturing - Types of Fuel used, emissions control etc Mining, Coal Fired Power Stations, Offshore Oil and Gas Vegetation Clearing, Fires and other Transboundary Issues Sea Level Rise, Flooding and Local Planning Related Issues