PrestonBrian, ‘Avenues for Litigating the Effects of Climate Change’ (2009) 21Law Society Journal55, 58.
2.
BlaySam and PiotrowiczRyszard, ‘The Awfulness of Lawfulness: Some Reflections on the Tension Between International and Domestic Law’ (2000) 21Australian Yearbook of International Law1. I am indebted to my former colleague Dr Shelley Bielefeld for drawing this phrase to my attention.
Preston, above n 1; MillnerFelicity and RuddockKirsty, ‘Climate Litigation: Lessons Learned and Future Opportunities’ (2011) 36Alternative Law Journal27, 27.
5.
KershawBaz, Theatre Ecology: Environments and Performance Events (CUP, 2007) 214.
6.
Macquarie Generation v Hodgson [2011] NSWCA424 (22 December 2011).
7.
Protection of the Environment Operations Act 1997 (NSW).
8.
Section 115.
9.
Gray v Macquarie Generation [2010] NSWLEC34, [55].
10.
WoodMary Christina, ‘Nature's Trust: A Legal, Political and Moral Frame for Global Warming’ (2007) 34Environmental Affairs577, 592.
11.
Gray v Macquarie Generation [2010] NSWLEC34, [67].
12.
Macquarie Generation v Hodgson [2011] NSWCA424, [61].
13.
Ibid [63–5].
14.
Gray v Minister for Planning [2006] NSWLEC720.
15.
Macquarie Generation v Hodgson [2011] NSWCA424, [19]
16.
Kershaw, above n 5, 23.
17.
ThompsonEdward P, Whigs and Hunters: The Origins of the Black Act (Penguin, 1975) 263.
18.
Ibid264.
19.
Ibid265.
20.
Kershaw, above n 5, 273.
21.
Ibid219
22.
Ibid259.
23.
Law as masquerade has received some attention from legal philosophers. Drucilla Cornell has written about law erasing the violent foundations of its authority by ‘dress[ing] itself up as justice’ in ‘The Violence of the Masquerade: Law Dressed Up as Justice’ (1991) 11Cardozo Law Review1047, 1061.
24.
TribeLaurence H, ‘Ways Not to Think About Plastic Trees: New Foundations of Environmental Law’ (1974) 83Yale Law Journal1315, 1330.
25.
Ibid1331.
26.
For instance, even wilderness, in New South Wales legislation, is confined to areas which offer opportunities for solitude and self-reliant recreation: Wilderness Act 1987 (NSW) s 6(1)(c).
27.
Kershaw, above n 5, 258.
28.
This phrase is from ThorntonJames, ‘Our World Needs a New Renaissance’The Sydney Morning Herald (Sydney), 6–7 June 2009, 16. Thornton argues: ‘our dominant cultural story … is a tale of capital. It reduces people to economic actors seeking profit and pleasures as the goals of life.’
29.
MeadowsDonella H, ‘Places to Intervene in a System’ (Winter 1997) Whole Earth.
30.
FrankRichard M, ‘The public trust doctrine: Assessing its recent past and charting its future’ (2011–2012) 45University of California Davis Law Review665, 667.
31.
SaxJoseph L, ‘The Public Trust Doctrine in Natural Resources Law’ (1970) 68Michigan Law Review471.
Memorandum opinion in Alec L et al v Lisa P Jackson et al and National Association of Manufacturers et al, filed 31 May 2012, 6–7.
35.
Ibid10.
36.
Letter by GiselaJudgeTrianaD to AbramsAdam A of the Texas Environmental Law Center and Cynthia Woelk and Nancy Olinger of the Assistant Attorney General's Environmental Protection Division, setting out the Court's findings in Angela Bonser-Lain et al v Texas Commission on Environmental Quality, dated 9 July 2012.
37.
ReeseApril, ‘“Public Trust” Lawsuit Clears Hurdle in NM’, Greenwire, 20 July 2012.
Re Minors Oposa v Secretary of the Department of Environment and Natural Resources (1994) 33 ILM 174.
42.
TurnerVictor, The Anthropology of Performance (PAJ Publications, 1987) 168.
43.
In Walker v Minister for Planning [2007] NSWLEC741, [161], Justice Biscoe stated: ‘Climate change presents a risk to the survival of the human race and other species. Consequently, it is a deadly serious issue.’ Interestingly enough, the game of law has also been described as ‘deadly serious’: DaviesMargaret, Delimiting the Law: ‘Postmodernism’ and the Politics of Law (Pluto Press, 1996), 132.
44.
ThompsonClaire, ‘The Young and the Restless: Kids Sue Government Over Climate Change’, Grist, 9 December 2011.
45.
McEwanIan, ‘The Hot Breath of Civilisation’, Sydney Morning Herald (Sydney), 8–9 March 2008, 36.
