Chasing down the climate change footprint of the private and public sectors: Forces converge

Environmental and Planning Law Journal

Volumn 24, Issue 4, 2007, Pages 281-321

  Lyster, Rosemary ^a  

^a UNIVERSITY OF SYDNEY   (Australia)

Author keywords

[No Author keywords available]

Indexed keywords

CLIMATE CHANGE; ECOLOGICAL FOOTPRINT; EMISSION CONTROL; EMISSIONS TRADING; ENVIRONMENTAL PLANNING; PRIVATE SECTOR; PUBLIC SECTOR;

AUSTRALASIA; AUSTRALIA; NORTH AMERICA; UNITED STATES;

EID: 37349016055     PISSN: 0813300X     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Article

References (248)

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2. Available at http://ipcc-wg1.ucar.edu/wg1/Report/ AR4WG1_Pub_SPM-v2.pdf (viewed 23 April 2007).
3. Stern Review, n 1.
4. Address by Sir Nicholas Stern, Lowy Institute, Sydney, 27 March 2007.
5. Available at http://www.ipcc.ch/SPM2feb07.pdf (viewed 11 June 2007).
6. Climate Change 2007: Impacts, Adaptation and Vulnerability, Working Group II, contribution to the Intergovernmental Panel on Climate Change (IPCC) - Fourth Assessment Report, Summary for Policymakers at 1.
7. Climate Change 2007: Impacts, Adaptation and Vulnerability, Working Group II, n 6 at 2.
8. Climate Change 2007: Impacts, Adaptation and Vulnerability, Working Group II, n 6 at 1.
9. Climate Change 2007: Impacts, Adaptation and Vulnerability, Working Group II, n 6 at 2.
10. Climate Change 2007: Impacts, Adaptation and Vulnerability, Working Group II, n 6 at 2.
11. Climate Change 2007: Impacts, Adaptation and Vulnerability, Working Group II, n 6 at 9.
12. Climate Change 2007: Mitigation of Climate Change, Working Group III, contribution to the Intergovernmental Panel on Climate Change (IPCC) - Fourth Assessment Report, Summary for Policymakers at 3.
13. Climate Change 2007: Mitigation of Climate Change, Working Group III, n 12 at 4.
14. Bottom-up studies are based on an assessment of mitigation options, emphasising specific technologies and regulations. Top-down studies assess the economy-wide potential for mitigation options. For further detail see Box SPM 2; Climate Change 2007: Mitigation of Climate Clange, Working Group III, n 12 at 10.
15. Climate Change 2007: Mitigation of Climate Change, Working Group III, n 12 at 11.
16. Climate Change 2007: Mitigation of Climate Change, Working Group III, n 12 at 17.
17. Climate Change 2007: Mitigation of Climate Change, Working Group III, a 12 at 21.
18. Climate Change 2007: Mitigation of Climate Change, Working Group III, n 12 at 18.
19. For a comprehensive discussion of the measures in Australia which regulate greenhouse gas emissions from the stationary energy sector see Lyster R and Bradbrook A, Energy Law and the Environment (Cambridge University Press: 2006);
20. see also Lyster R, "The Implications of Electricity Restructuring for a Sustainable Energy Framework" in Bradbrook AJ, Lyster R, Ottinger RL, Wang Xi (eds) The Law of Energy for Sustainable Development (Cambridge University Press: January 2005) p 415;
21. and Lyster R, Lipman Z, Franklin N, Wiffen G, Pearson L, Environmental and Planning Law in New South Wales (Federation Press: 2007) Ch 5.
22. Note in Australia that the Australian government has enacted the Energy Efficiency Opportunities Act 2006 (Cth).
23. The object of the Act is to improve the identification and evaluation of energy efficiency opportunities by large energy using businesses which use more than half a petajoule of energy per year. In New South Wales, the Energy Administration Amendment (Water and Energy Savings) 2005 (NSW) changed the name of the Energy Administration Act 1987 to the Energy and Utilities Administration Act 1987 and inserted Pt 6A into the Act. Pt 6A prescribes energy savings measures for the top 200 users of electricity in the state known as "designated energy users".
24. For a comprehensive discussion of these measures see Lyster R and Bradbrook A, Energy Law and the Environment (Cambridge University Press: 2006).
25. In Australia, there are numerous initiatives which impose mandatory renewable energy targets. They include the Renewable Energy (Electricity) Act 2000 (Cth),
26. the Victorian Renewable Energy Act 2006 (Vic) (VRET), and the New South Wales Renewable Energy Target (NRET).
27. The object of the Renewable Energy (Electricity) Act 2000 is to encourage the additional 2% generation of electricity from renewable sources by 2010. VRET meanwhile requires 10% end use consumption to be renewable by 2016 while the NRET target is 15% end use consumption by 2020 with an interim target of 10% by 2010. The Australian targets may be compared with those in other countries which are: The Netherlands - 10% by 2020, Denmark - 20% by 2010, the United States - 10% by 2019, and the United Kingdom - 10.4% by 2010. On 9 March 2007, the European Union decided to adopt a target of 20% renewable energy by 2010.
28. For a comprehensive discussion of these measures see Lyster R and Bradbrook A, Energy Law and the Environment (Cambridge University Press: 2006).
29. Available at http://unfccc.int/resource/docs/convkp/kpeng.html (viewed 23 April 2007).
30. For an extensive analysis of the Howard Government's response to global climate change see Lyster R and Bradbrook A, Energy Law and the Environment (Cambridge University Press: 2006);
31. and Lyster R, "Common but Differentiated?: Australia's Response to Global Climate Change" (2004) Vol XVI (4) The Georgetown International Environmental Law Review 561.
32. Statement by John Howard, Prime Minister of Australia, Safeguarding the Future: Australia's Response to Climate Change (20 November 1997), available at http://www.pm.gov.au/media/release/1997/ GREEN.cfm (viewed 5 July 2007).
33. See http://www.iea.org/textbase/pamsdb/detail.aspx?mode=gr&id=466 (viewed 5 July 2007). This package was announced in May 1999 as part of the introduction of the Goods and Services Tax (GST) in Australia. It was negotiated with the Australian Democrats who allowed the GST legislation to pass in the Senate based on the additional greenhouse initiatives contained in the package.
34. Electricity Supply Amendment (Greenhouse Gas Emission Reduction) Act 2003 (NSW);
35. Electricity Supply Amendment (Greenhouse Gas Emission Reduction) Act 2003 (NSW), s 97B.
36. In 2005, the definition of "large customer" was amended to include customers which together with other "related entities" use 110GWh or more per year of electricity at a single site in New South Wales, or this amount at more than one site as long as one of the sites uses 50GWh each year: See Energy Supply (Amendment) Act 2005 (NSW).
37. Energy Supply (Amendment) Act 2005 (NSW), s 97BB.
38. For a comprehensive discussion of these schemes see Lyster R and Bradbrook A, EnergyLaw and the Environment (Cambridge University Press: 2006)
39. and Lyster R, Lipman Z, Franklin N, Wiffen G, Pearson L, Environmental and Planning Law in New South Wales (Federation Press, Sydney: 2007) Ch 5.
40. Electricity Supply Act 1995 (NSW), s 97KB.
41. Note that any changes made to the Bill between the time of writing and the time of its enactment have not been recorded here on account of publishing time constraints.
42. Electricity Supply Act 1995 (NSW), ss 3(1)(a)(i), 3(5)(1).
43. South Australian Climate Change and Greenhouse Emissions Reduction Bill 2006 (SA), s 3(1)(i)
44. South Australian Climate Change and Greenhouse Emissions Reduction Bill 2006 (SA), s 4.
45. South Australian Climate Change and Greenhouse Emissions Reduction Bill 2006 (SA), ss 5(2)(a), (b).
46. South Australian Climate Change and Greenhouse Emissions Reduction Bill 2006 (SA), s 3(1)(A), (B).
47. South Australian Climate Change and Greenhouse Emissions Reduction Bill 2006 (SA), s 3(1)(b).
48. South Australian Climate Change and Greenhouse Emissions Reduction Bill 2006 (SA), s 3(c), (d).
49. South Australian Climate Change and Greenhouse Emissions Reduction Bill 2006 (SA), s 3(e).
50. South Australian Climate Change and Greenhouse Emissions Reduction Bill 2006 (SA), s 3(1)(i).
51. South Australian Climate Change and Greenhouse Emissions Reduction Bill 2006 (SA), s 3(k).
52. South Australian Climate Change and Greenhouse Emissions Reduction Bill 2006 (SA), s 3(2)(a).
53. South Australian Climate Change and Greenhouse Emissions Reduction Bill 2006 (SA), s 3(2)(c).
54. South Australian Climate Change and Greenhouse Emissions Reduction Bill 2006 (SA), s 5(3)(a)(b).
55. South Australian Climate Change and Greenhouse Emissions Reduction Bill 2006 (SA), s 5(3)(e).
56. South Australian Climate Change and Greenhouse Emissions Reduction Bill 2006 (SA), s 5(4)(a).
57. South Australian Climate Change and Greenhouse Emissions Reduction Bill 2006 (SA), s 5(6).
58. South Australian Climate Change and Greenhouse Emissions Reduction Bill 2006 (SA), s 5(5).
59. South Australian Climate Change and Greenhouse Emissions Reduction Bill 2006 (SA), s 5(7).
60. Available at http://www.dpmc.gov.au/publications/emissions/docs/ emissions_trading_report.pdf (viewed 31 May 2007).
61. See http://www.dpmc.gov.au/publications/emissions/docs/ emissions_trading_report.pdf (viewed 31 May 2007), especially Ch 7.
62. The author reviewed all of the submissions made by the energy sector, the finance sector and the manufacturing and processing sector while her colleague at Mallesons Stephen Jaques, Susan Timbs, reviewed those of the resources, transport, and forestry sectors, as well as those of various industry organisations.
63. See Possible Design for a National Greenhouse Gas Emissions Trading Scheme (National Emissions Trading Taskforce: 2006) available at http://www.emissionstrading.net.au (viewed 14 May 2007).
64. European Parliament, Directive 2003/87/EC of the European Parliament and of the Council: Available at http://eur-lex. europa.eu/ LexUriServ/site/en/oi/2003/1_275/1_27520031025en00320046.pdf (viewed 24 April 2007).
65. European Parliament, n 53, Art 2.
66. These include combustion installations with a rated thermal input exceeding 20 MW (except hazardous or municipal waste installations; mineral oil refineries; and coke ovens; European Parliament, n 53, Annex I.
67. This includes metal order (including sulphide ore) roasting or sintering installations; and installations for the production of pig iron or steel (primary or secondary fusion) including continuous casting, with a capacity exceeding 2.5 tonnes per hour: European Parliament, n 53, Annex I.
68. 3; European Parliament, n 53, Annex I.
69. European Parliament, n 53, Annex I.
70. European Parliament, n 53, Art 9.
71. European Parliament, n 53, Art 10.
72. European Parliament, n 53, Art 11.
73. European Parliament, n 53, Art 12.
74. European Parliament, n 53, Art 19.
75. European Parliament, n 53, Art 14.
76. European Parliament, n 53, Art 15.
77. European Parliament, n 53, Art 16.
78. See Brussels European Council - Presidency Conclusions available at http://www.consilium.europa.eu/ueDocs/cms_Data/docs/pressData/en/ ec/93135.pdf (viewed 9 June 2007) at 10-14.
79. Brussels European Council, n 67 at 12.
80. Brussels European Council, n 67 at 13.
81. The Energy Policy for Europe is available at http://ec.europa.eu/energy/energy_policy/doc/ 2007_03_02_energy_laflet_en.pdf (viewed 9 June 2007).
82. United Kingdom Climate Change Bill 2007, s 1(1).
83. United Kingdom Climate Change Bill 2007, s 1(1).
84. United Kingdom Climate Change Bill 2007, ss 1(4).
85. United Kingdom Climate Change Bill 2007, s 2(1).
86. United Kingdom Climate Change Bill 2007, s 18.
87. United Kingdom Climate Change Bill 2007, s 15(1).
88. United Kingdom Climate Change Bill 2007, s 3(1).
89. United Kingdom Climate Change Bill 2007, s 3(1)(c).
90. United Kingdom Climate Change Bill 2007, s 3(2).
91. United Kingdom Climate Change Bill 2007, s 3(3).
92. United Kingdom Climate Change Bill 2007, s 5.
93. United Kingdom Climate Change Bill 2007, s 6.
94. United Kingdom Climate Change Bill 2007, s 8.
95. United Kingdom Climate Change Bill 2007, s 8(2).
96. United Kingdom Climate Change Bill 2007, s 12(1).
97. United Kingdom Climate Change Bill 2007 s 12(2), (5).
98. United Kingdom Climate Change Bill 2007 s 12(3).
99. United Kingdom Climate Change Bill 2007, s 10.
100. United Kingdom Climate Change Bill 2007, s 7(1), (2).
101. United Kingdom Climate Change Bill 2007, s 2, s 4, s 5.
102. United Kingdom Climate Change Bill 2007, s 16(2); the definition of "carbon credits" is to be stipulated in the regulations created by the Secretary of State and may be set against the net United Kingdom carbon dioxide emissions. Similarly, "carbon debits" are amounts described in the regulations that are to be added to the amount of net United Kingdom carbon dioxide emissions; see s 16(1).
103. United Kingdom Climate Change Bill 2007, s 16(3).
104. United Kingdom Climate Change Bill 2007, s 19.
105. United Kingdom Climate Change Bill 2007, Sch. 1, cl (1).
106. United Kingdom Climate Change Bill 2007, s 20(1).
107. United Kingdom Climate Change Bill 2007, s 21(2).
108. United Kingdom Climate Change Bill 2007, s 28.
109. United Kingdom Climate Change Bill 2007, s 37(1).
110. United Kingdom Climate Change Bill 2007, s 37(2).
111. United Kingdom Climate Change Bill 2007, s 37(3).
112. Available at http://thomas.loc.gov/cgi-bin/query/z?c110:S.280 (viewed 30 April 2007).
113. It is worth noting that even in the absence of federal legislation regulation greenhouse gas emissions, states like California have set ambitious targets to reduce greenhouse gas emissions. The target for California is to: Reduce emissions to 2000 levels by 2010, which represents an 11% reduction on business as usual emissions; reduce emissions to 1990 levels by 2020, which represents a 25% reduction on business as usual emissions; and to reduce emissions to 80% below 1990 levels by 2050; see California's Greenhouse Gas Emissions Reduction Leadership Policy available at http://www.climatechange.ca.gov/ climate action_team/factsheets/2005-06_GHG_REDUCTION_FS.PDF (viewed 9 June 2007).
114. Climate Stewardship and Innovation Act 2007 (US), s 3(4).
115. Climate Stewardship and Innovation Act 2007 (US), s 5.
116. Climate Stewardship and Innovation Act 2007 (US), s 121(a).
117. Climate Stewardship and Innovation Act 2007 (US), s 121(b).
118. Climate Stewardship and Innovation Act 2007 (US), s 121(c).
119. Climate Stewardship and Innovation Act 2007 (US), s 101(a).
120. Climate Stewardship and Innovation Act 2007 (US), s 101(c)(1).
121. Climate Stewardship and Innovation Act 2007 (US), s 102(a).
122. Climate Stewardship and Innovation Act 2007 (US), s 103(a)(1).
123. Climate Stewardship and Innovation Act 2007 (US), s 103(a)(2).
124. Climate Stewardship and Innovation Act 2007 (US), s 103(c)(2A).
125. Climate Stewardship and Innovation Act 2007 (US), s 103(c)(3).
126. Climate Stewardship and Innovation Act 2007 (US), s 103(c)(5).
127. Climate Stewardship and Innovation Act 2007 (US), s 104(a)(1).
128. Climate Stewardship and Innovation Act 2007 (US), s 104(c).
129. Climate Stewardship and Innovation Act 2007 (US), s 103(c)(6).
130. Climate Stewardship and Innovation Act 2007 (US), s 103(c)(8)
131. Climate Stewardship and Innovation Act 2007 (US), s 103(d).
132. Climate Stewardship and Innovation Act 2007 (US), s 251.
133. Climate Stewardship and Innovation Act 2007 (US), Title III.
134. Climate Stewardship and Innovation Act 2007 (US), s 354.
135. Climate Stewardship and Innovation Act 2007 (US), Title IV.
136. See http://www2.news.gov.bc.ca/news_release_2005-2009/ 2007OTP0014-128.htm (viewed 23 May 2007).
137. Available at http://english.gov.cn/2007-06/04/content_636052.htm (viewed 9 June 2007).
138. See FCCC/KP/A/AWG/2006/4 available at http://unfccc.int/resource/docs/ 2006/awg2/eng/04.pdf (viewed 11 June 2007).
139. See Press Release of UNFCCC Secretariat, 18 May 2007, available at http://unfccc.int/files/Dress/news_room/press_releases_and_advisories/ application/pdf/20070518_final_sb26_english.pdf (viewed 11 June 2007).
140. Available at http://usinfo.state.gov/xarchives/ display.html?p=texttrans-english&y=2007&m=May&x= 20070531155142eaifas0.1002161 (viewed 10 June 2007).
141. See Lovell J, "US Tries to Freeze Climate Change Talks", Sydney Morning Herald (23 May 2007) p 10.
142. See G8 Summit 2007 Declaration available at http://www.g-8.de/Content/ DE/Artikel/G8Gipfel/Anlage/ 2007-06-07-gipfeldokument- wirtschaft-eng.property=publicationFile.pdf (viewed 10 June 2007).
143. Baldwin K, "Compromise Deal on Emissions Close", Sydney Morning Herald (8 June 2007) p 9.
144. Davis M, "Let's replace flawed Kyoto Protocol with plan forged at APEC: Howard" Sydney Morning Herald (7 June 2007).
145. Sydney Morning Herald, 21 May 2007.
146. Peel J, "The Role of Climate Change Litigation in Australia's Response to Global Warming" (2007) 24 EPLJ 90 at 103.
147. See, eg Engel KH, Harmonizing Regulatory and Litigation Approaches to Climate Change Mitigation: Incorporating Tradable Emissions Offsets into Common Law Remedies Arizona Legal Studies, Discussion Paper No. 07-10, (March 2007) p 3.
148. See, for example, Baue W, "Climate Change Litigation Could Affect Companies' Market Value' SocialFunds.com (23 July 2003), available online at http://www.socialfunds.com/news/article.cgi/ article1180.html (viewed 22 April 2006);
149. see also California's Climate Change Litigation Heralded at International Conference, Pacific Research Institute (17 December 2004).
150. This section relies to a considerable extent on Mank B, "Civil Remedies" in Gerrard M, (ed) Global Climate Change and US Law (ABA, 2007) p 183. The author would like to thank Professor Bradford Mank, James Helmer Jr Professor of Law, University of Cincinnati College of Law, for giving her access to an advance copy of this chapter and for his assistance in writing up the United States case law.
151. Mid States Coalition for Progress v Surface Transportation Board 345 F 3d 520 (8th Cir 2003).
152. Mid States Coalition for Progress v Surface Transportation Board 345 F 3d 520 (8th Cir 2003) at 37,
153. Massachusetts v Environment Protection Agency 415 F 3d 50 (D C Cir), reh'g en banc denied, 433 F 3d 66 (2005), cert granted, 126 S Ct 2960 (June 26, 2006) (No 05-1120).
154. As added by Pub L 89-272.
155. Massachusetts v Environment Protection Agency 127 S. Ct. 1438.
156. California v NHTSA (9th Cir. May 2, 2006) (challenging NHTSA, Fuel economy standards: Light trucks; 2008-2011 model years, 71 Fed. Reg; 17,566 (April 6, 2006).
157. Mank n 139 at 197.
158. Friends of the Earth v Watson 2005 WL 2035596 at 1-6 Envtl L Rep 20, 179 (ND Calif, August 23, 2005).
159. Mank n 139 at 196.
160. Note that at the time of writing this decision was not available on Lexis or WestLaw. See, however, Lindlaw S, Federal Judge Allows Global Warming lawsuit to Advance, Associated Press (31 March 2007).
161. Reuters, Massachusetts Challenges Federal Energy Rules Reuters New Service (7 May 2007) available at http://www.reuters.com/article/ domesticNews/idUSN0736915820070507 (viewed 7 July 2007).
162. Connecticut v American Electric Power 406 F Supp 2d 265 (SDNY 2005).
163. The other states included New York, California, Iowa, New Jersey, Rhode Island, Vermont, Wisconsin, which were also joined by the City of New York.
164. The defendant utilities are American Electric Power Company, Inc, American Electric Power Service Corporation, the Southern Company, Tennessee Valley Authority, XCEI. Energy Inc and Cinergy Corporation.
165. Mank n 139 at 198.
166. Comer v Nationwide Mutual Insurance No 1:05-cv-004360LTS-RHW (SD Miss. April 18 2006).
167. Mank n 139 at 202.
168. California v General Motors Sept 20, N D Calif.
169. Mank n 139 at 206.
170. It is interesting to note that on 7 May 2007, Germanwatch, a German non government organisation, raised a complaint with the National OECD Contact Point in the Federal Ministry of Economics and Technology against Volkswagen for violating the OECD's Guidelines for Multinational Enterprises. Germanwatch accuses VW of violating the guidelines in 15 concrete cases including: Massively extending its production and marketing of luxury and medium-class car types which are particularly harmful to the climate; lobbying aggressively against climate protection frameworks and consistently publishing wrong information; being furthest away, among all German automotive companies, from complying with the self-commitment (ACEA Agreement) the company agreed on with the European Commission in 1998; and achieving little progress in reducing CO2 emissions per kilometre. Further OECD complaints against Daimler-Chrysler and BMW are currently being examined by Germanwatch; see http://www.termanwatch.org/presse/2007-05-07e.htm (viewed 14 May 2007).
171. See, for example, Peel n 136.
172. For a fuller discussion of some of these cases see Peel n 136;
173. see also Fisher D E, "The Statutory Relevance of Greenhouse Gas Emissions" (2007) 24 EPLJ 210.
174. Australian Conservation Foundation v Minister for Planning [2004] VCAT 2029.
175. Note that s 39(4) of the Planning and Environment Act 1987 (Vic) specifically vests judicial review powers in VCAT.
176. For an interesting article on the need to protect the Great Barrier Reef from global climate change see McGrath C, "Setting Climate Change Targets to Protect the Great Barrier Reef' (2007) 24 EPLJ 182.
177. Wildlife Preservation Society of Queensland Proserpine/Whitsunday Branch Inc v Minister for the Environment & Heritage [2006] FCA 736 at 10-11.
178. Wildlife Preservation Society of Queensland Proserpine/Whitsunday Branch Inc v Minister for the Environment & Heritage [2006] FCA 736 at 14.
179. Wildlife Preservation Society of Queensland Proserpine/Whitsunday Branch Inc v Minister for the Environment & Heritage [2006] FCA 736 at 11.
180. Wildlife Preservation Society of Queensland Proserpine/Whitsunday Branch Inc v Minister for the Environment & Heritage [2006] FCA 736 at 43.
181. Wildlife Preservation Society of Queensland Proserpine/Whitsunday Branch Inc v Minister for the Environment & Heritage [2006] FCA 736 at 18.
182. Wildlife Preservation Society of Queensland Proserpine/Whitsunday Branch Inc v Minister for the Environment & Heritage [2006] FCA 736 at 72.
183. Wildlife Preservation Society of Queensland Proserpine/Whitsunday Branch Inc v Minister for the Environment & Heritage [2006] FCA 736 at 72.
184. Gray v Minister for Planning [2006] NSWLEC 720 at 100.
185. For documents relating to this litigation see http://www.envlaw.com.au/anvil.html (viewed 7 July 2007), provided by barrister Chris McGrath.
186. Peel n 136 at 102.
187. See, eg Leatch v National Parks and Wildlife Service (1993) 81 LGERA 306;
188. Bentley v BGP Properties Ltd (2006) 145 LGERA 234;
189. [2006] NSWLEC 34;
190. Telstra Corporation Ltd v Hornsby Shire Council (2006) 146 LGERA 10.
191. Re Xstrata Coal Queensland Pty Ltd [2007] QLRT 33 at [8].
192. Re Xstrata Coal Queensland Pty Ltd [2007] QLRT 33 at [13].
193. Re Xstrata Coal Queensland Pty Ltd [2007] QLRT 33 at [16].
194. Re Xstrata Coal Queensland Pty Ltd [2007] QLRT 33 at [21].
195. Re Xstrata Coal Queensland Pty Ltd [2007] QLRT 33 at [23].
196. Notice of Appeal dated 14 March 2007, Court of Appeal, Supreme Court of Queensland, Re Xstrata Coal Queensland Pty Ltd [2007] QLRT 33.
197. Note that the Land and Environment Court has an appeals as well as a review jurisdiction.
198. Environmental Planning and Assessment Act 1979 (NSW) s 76A(7)(c).
199. Taralga Landscape Guardians Inc v Minister for Planning and RES Southern Cross Pty Ltd [2007] NSWLEC 59 at [67]-[71] and [138].
200. Taralga Landscape Guardians Inc v Minister for Planning and RES Southern Cross Pty Ltd [2007] NSWLEC 59 at [72].
201. Taralga Landscape Guardians Inc v Minister for Planning and RES Southern Cross Pty Ltd [2007] NSWLEC 59 at [73].
202. Taralga Landscape Guardians Inc v Minister for Planning and RES Southern Cross Pty Ltd [2007] NSWLEC 59 at [74].
203. Taralga Landscape Guardians Inc v Minister for Planning and RES Southern Cross Pty Ltd [2007] NSWLEC 59 at [157].
204. Taralga Landscape Guardians Inc v Minister for Planning and RES Southern Cross Pty Ltd [2007] NSWLEC 59 at [4].
205. Peel n 136 at 102.
206. ASX Corporate Governance Council, ASX Principles of Good Corporate Governance and Good Practice Recommendations, available online at http://www.asx.com.au/supervision/pdf/ asxgc_explanatory_paper_consultation_paper_021106.pdf (viewed 28 June 2007).
207. ASX Corporate Governance Council, p 31. Stakeholders include: shareholders, employees, business partners, creditors, consumers, the environment and the broader community in which the company operates.
208. ASX Corporate Governance Council, p 32.
209. ASX Corporate Governance Council, p 32.
210. ASX Corporate Governance Council, p 32.
211. ASX Corporate Governance Council, p 32.
212. ASX Corporate Governance Council, p 33.
213. ASX Corporate Governance Council, p 34.
214. Washington S, "We Need to Keep Our Secrets" Sydney Morning Herald (19 February 2007), p 19.
215. Available at http://www.ceres.org/pub/docs/ Ceres_corp_gov_and_climate_change_0703.pdf (viewed 28 June 2007).
216. See, eg Macfarlane J, ANZ CEO, "The Importance of Leadership on Climate Change", Weekend Australian (28 October 2006).
217. See the Draft Regulation Impact Statement released in October 2006 and available at http://www.greenhouse.gov.au/reporting/pubs/ris.pdf (viewed 28 June 2007).
218. See The Environmental Change Institute, Predict and Decide: Aviation, Climate Change and UK Policy (Oxford University, October 2006) which recommends the adoption of a fiscal policy to make flying less attractively priced; available at http://www.eci.ox.ac.uk/research/ energy/predictanddecide.php.
219. The CERES report recommends referring to the World Business Council for Sustainable Development and World Resources Institute, The Greenhouse Gas Protocol. A Corporate Accounting and Reporting Standard (Geneva, and Washington, DC: October 2001).
220. Hoffman A, Getting Ahead of the Curve: Corporate Strategies that Address Climate Change, (Pew Centre: October 2006) Executive Summary, p 1 available at http://www.pewclimate.org/docUploads/ PEW_CorpStrategies.pdf (viewed 7 July 2007).
221. Hoffman, n 205, p 1.
222. Hoffman, n 205, p 3.
223. Hoffman, n 205. p 3.
224. For an extensive discussion or CSR see Lyster R, Lipman Z, Franklin N, Wiffen G, Pearson L, Environmental and Planning Law in New South Wales (Federation Press, Sydney: 2007) Ch 13.
225. See also Grayson D and Hodges A, Corporate Social Opportunity! (Greenleaf Publisbing: 2004).
226. Available at http://www.camac.gov.au/camar/camac.nsf/byHeadline/ PDFDiscussion+Papers/$fileCSR_DP.pdf (viewed 28 June 2007).
227. The Bill received Royal Assent on 8 November 2006; available at http://www.publications.parliament.uk/pa/cm200506/cmbills/218/ 2006218a.pdf (viewed 28 June 2007).
228. See http:www.socialinvest.org/Areas/SRIGuide (viewed 10 April 2006).
229. See Bubna-Litic K, Corporations Law and Environmental Law (paper presented at Beyond Environmental Law Conference, 16-17th February 2007, Sydney).
230. See http://www.coopamerica.org/socialinvesting/Shareholderaction/ whattoknow.cfm (viewed 10 April 2006).
231. See Fleming S, Shareholders Challenge TXU on New Coal Plants and Energy Efficiency, Ceres, (7 December 2007), available at http://www.ceres.org/news/news_item.php?nid=250 (viewed 7 July 2007).
232. See Wright C, "TXU Takeover - Private Equity is Coming Clean", Climate Change Corp.com, (19 April 2007), available online at http://www.climatechangecorp.com/content.asp?ContentID=4824 (viewed 11 June 2007).
233. See Australia, Department of Environment and Heritage, The State of Sustainability Reporting in Australia 2005 (Commonwealth of Australia, 2005) p 32 available at http://www.deh.gov.au/settlements/ industry/corporate/reporting/pubs/survev2005.pdf (viewed 31 March 2006).
234. See http://www.greenhouse.gov.au/reporting/pubs/ris.pdf (viewed 17 December 2006).
235. See also Citigroup Climate Change and the ASX100 released by Citigroup on 30 November 2006. The significance of this report is that it lists corporations in the ASX 100 by name and gives very specific details about the risks they face with respect to their greenhouse gas emissions profiles.
236. The IGCC represents Australian and New Zealand investors, with total funds under management of over AU$195 billion.
237. For an insight into current ASX100 preparedness for climate risk see Appendix F.
238. This is likely to change with the proposed National System for Streamlined Greenhouse and Energy Reporting.
239. For more information on the DJSI see http://www.sustainability-index.com (viewed 7 July 2007).
240. Available at http://www.ftse.com/Indices/FTSE4Good Index Series/ Downloads/FTSE4Good_Inclusion Criteria BrochureFeb_06.pdf (viewed 6 April 2006).
241. Corporate Responsibility Index 2006, Executive Summary, p 3, available at http://www.corporate-responsibility.com.au/PDFs/ exec_summary 2006.pdf (viewed 7 July 2007).
242. Corporate Responsibility Index 2006, n 224, Executive Summary, p 2.
243. Corporate Responsibility Index 2006, n 224, Executive Summary, p 3.
244. Corporate Responsibility Index 2006, n 224, Executive Summary, p 1.
245. Corporate Responsibility Index 2006, n 224, Executive Summary, p 3.
246. Corporate Responsibility Index 2006, n 224, Executive Summary, p 3.
247. Corporate Responsibility Index 2006, n 224, Executive Summary, p 3.
248. The ISO is a non-government organisation sets standards for a wide range of products, services and organisational matters, which distil an international consensus from the broad base of stakeholder groups.