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Climate change litigation and the California Environmental Quality Act
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Climate change litigation and the California Environmental Quality Act : ウィキペディア英語版
Climate change litigation and the California Environmental Quality Act
Litigation related to climate change and greenhouse gas (GHG) emissions has become increasingly common in federal and state courts.〔(【引用サイトリンク】title=Climate Change Litigation in the U.S. )〕 Following adoption of the Global Warming Solutions Act of 2006 (AB 32) and publication of the Intergovernmental Panel on Climate Change (IPCC) Fourth Assessment Report (AR4), additional pressure was placed on California public agencies to evaluate potential adverse effects to global climate change caused by GHG emissions.〔(【引用サイトリンク】title=CEQA and Climate Change )〕 In particular, several lawsuits have been filed against agencies for failure to analyze GHG emissions generated by projects subject to the California Environmental Quality Act (CEQA). Court decisions prior to the 2010 revisions to the CEQA guidelines gave early insights as to how CEQA would be used as a vehicle to identify and mitigate GHG emissions within the state. Decisions issued after adoption of the revised guidelines are now being used to interpret CEQA’s new requirement to evaluate GHG emissions and climate change.
==Background on the California court system==
The California court system comprises 58 Superior Courts, six Courts of Appeal, and one Supreme Court.〔(【引用サイトリンク】title=About California Courts )〕 The Superior Courts of California are located in each county and preside over cases within their respective jurisdiction. The California Courts of Appeal hear Superior Court decisions on appeal. The highest state court, the Supreme Court of California, has discretion to review decisions made by lower courts. Cases brought before the Supreme Court are typically intended to resolve “important questions” related to state law.〔
The court system is hierarchical where decisions issued by higher courts set precedence for lower courts. For example, decisions of the California Supreme Court are binding on all Appellate and Superior Courts and decisions of Appellate Courts are binding on Superior Courts within the same district.〔''Auto Equity Sales, Inc. v. Superior Court,'', (57 Cal. 2d 450, 369 P.2d 937, 20 Cal. Rptr. 321 ) (1962).〕 The majority of climate change cases have been heard by Superior Courts; only a small number of cases have been reviewed by the Courts of Appeal and California Supreme Court.〔(【引用サイトリンク】title=Climate Change Litigation in the U.S. )

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