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Green Lawfare

The strategic use of law in mediatized environmental conflict

by Claire Konkes (Author)
©2024 Textbook XVI, 228 Pages
Series: Global Crises and the Media, Volume 30

Summary

As environmental law continues to evolve at local and global levels, who are the actors informing its development and how are they engaging with news and other media to define what is possible? Observing the interlocking activities of journalists, activists, lawyers, scientists, government and industry can reveal the enactment of environmental law as part of a much wider struggle to bring visibility to and action on environmental issues.
Interdisciplinary in approach and bringing together key concepts from media and communication studies and environmental jurisprudence, Green Lawfare provides a conceptual framework from which to identify and analyze how news and other media contribute to our expectations and hopes for the role of law during environmental conflict.

Table Of Contents


Library of Congress Cataloging-in-Publication Data

Names: Konkes, Claire, author.
Title: Green lawfare / Claire Konkes.
Description: New York: Peter Lang, 2024. | Series: Global crises and the
media, 1947-2587 | Includes bibliographical references and index.
Identifiers: LCCN 2024004145 | ISBN 9781433196447 (paperback) | ISBN
9781433196478 (hardback) | ISBN 9781433196423 (ebook) | ISBN
9781433196430 (epub)
Subjects: LCSH: Lawfare. | Environmental law. | Environmental law,
International. | Climatic changes– Law and legislation. | Government
liability.
Classification: LCC K3585. K66 2024 | DDC 344.04/6–dc23/eng/20240129
LC record available at https://lccn.loc.gov/2024004145
DOI 10.3726/b21774

Bibliographic information published by the Deutsche Nationalbibliothek.
The German National Library lists this publication in the German
National Bibliography; detailed bibliographic data is available
on the Internet at http://dnb.d-nb.de.

Cover design by Peter Lang Group AG

ISSN 1947-2587 (print)
ISBN 9781433196447 (paperback)
ISBN 9781433196478 (hardback)
ISBN 9781433196423 (ebook)
ISBN 9781433196430 (epub)
DOI 10.3726/b21774

© 2024 Peter Lang Group AG, Lausanne
Published by Peter Lang Publishing Inc., New York, USA
info@peterlang.comwww.peterlang.com

All rights reserved.
All parts of this publication are protected by copyright.
Any utilization outside the strict limits of the copyright law, without the permission of the
publisher, is forbidden and liable to prosecution.
This applies in particular to reproductions, translations, microfilming, and storage and
processing in electronic retrieval systems.

This publication has been peer reviewed.

About the author

Dr Claire Konkes is a Senior Lecturer in Media at the University of Tasmania. Previous work as a journalist and environmental campaigner informs her research into the involvement of news and other media in the development of environmental policy and law.

About the book

As environmental law continues to evolve at local and global levels, who are the actors informing its development and how are they engaging with news and other media to defi ne what is possible? Observing the interlocking activities of journalists, activists, lawyers, scientists, government and industry can reveal the enactment of environmental law as part of a much wider struggle to bring visibility to and action on environmental issues.

Interdisciplinary in approach and bringing together key concepts from media and communication studies and environmental jurisprudence, Green Lawfare provides a conceptual framework from which to identify and analyze how news and other media contribute to our expectations and hopes for the role of law during environmental confl ict.

“Konkes has written an original, nuanced and highly readable analysis of the uses of law and legal action in environmental confl ict. The book offers a comprehensive examination of global cases, and draws insights from communication and media studies, law, and other fi elds. It is a must-read for anyone interested in the subject.”

—Silvio R. Waisbord, Professor, President-Elect, International Communication Association, School of Media and Public Affairs, The George Washington University

This eBook can be cited

This edition of the eBook can be cited. To enable this we have marked the start and end of a page. In cases where a word straddles a page break, the marker is placed inside the word at exactly the same position as in the physical book. This means that occasionally a word might be bifurcated by this marker.

Contents

List of Cases

Ashgar Leghari v. Federation of Pakistan. Case No: W.P. No. 25501/2015.

Australasian Centre for Corporate Responsibility v. Santos Limited NSD858/2021 (Federal Court of Australia).

Chevron Corporation and Texaco Petroleum Corporation v. Ecuador (II), PCA Case No. 2009-23.

Commonwealth v. Exxon Mobil Corp., 489 Mass. 724.

Commonwealth v. Tasmania (1983) 158 CLR 1 (July 1, 1983).

Duarte Agostinho and Others v. Portugal and 32 Other States (2020) 39371/20.

Eco Oro Minerals Corp . v. Republic of Colombia (ICSID Case No. ARB/16/41).

Energy Transfer Equity, L.P. v. Greenpeace International, 1:17-cv-00173.

Future Generations v. Colombia (STC 4360-2018).

Gloucester Resources Limited v. Minister for Planning (2019) NSWLEC 7.

Greenpeace, Inc. v. The Dow Chemical Co., Case No. 13-CV-685 (D.C. C.A., Aug. 21, 2014).

Greenpeace Australia Ltd v. Redbank Power Co. [1994] 86 LGERA 143.

Greenpeace France, Amis de la Terre France, Notre Affaire à Tous v. TotalEnergies SE, TotalEnergies Electricité, Gaz France, Court of Paris (France).

Gunns Ltd v. Marr [2005] VSC 251.

Held v. Montana, No. CDV-2020-307 (1st Dist. Ct. Mont., August 14, 2023).

Juliana v. United States, 947 F.3d 1159.

Luciano Lliuya v. RWE AG, 2 O 285/15 (Essen Oberlandesgericht 2015)

Mackay Conservation Group v. Commonwealth of Australia (Federal Court of Australia, NSD33/2015).

Massachusetts v. EPA, 549 U.S. 497 (2007).

McDonald’s Corporation v. Steel & Morris [1997] EWHC 366 (QB).

M.C. Mehta v. Union of India (AIR 1987 SC 1086).

Milieudefensie and others v. Royal Dutch Shell plc ECLI:NL:RBDHA:2021:5339.

Mineral Sands Resources (Pty) Ltd and Others v. Reddell and Others (CCT 66/21) [2022] ZACC 37 (November 14, 2022).

Municipalities of Puerto Rico v. Exxon Mobil Corp. et al., 3:22-cv-01550 (D.P.R.).

Pabai Pabai & Anor v. Commonwealth of Australia (Federal Court of Australia Proceedings).

Rockhopper Exploration Plc, Rockhopper Italia S.p.A. and Rockhopper Mediterranean Ltd v. Italian Republic, ICSID Case No. ARB/17/14.

Sharma and others v. Minister for the Environment (2022). Federal Court of Australia, VID 389, April 22 (Australia).

Sierra Club v. Morton, 405 U.S. 727 (1972).

The State of the Netherlands v. Urgenda Foundation Supreme Court of the Netherlands (December 20, 2019).

TransCanada Corporation and TransCanada PipeLines Limited v. United States of America (I) (ICSID Case No. ARB/16/21).

Urgenda Foundation v. The Netherlands [2015] HAZA C/09/00456689 (June 24, 2015).

Acknowledgment of Country

Most of this book was written in the foothills of kunanyi, the mountain that looks over nipaluna. The mountain is also known as Mount Wellington, named after an Englishman, as is the capital city of Hobart. The islands of lutruwita, are more commonly known as Tasmania, after a Dutchman. Most of the place names in lutruwita, an archipelago of islands, were brought over from Britain and Europe, alongside the religious, economic, and political cultures imposed on the land and its peoples with devastating consequences.

The shifting island weather wraps kunanyi lightly in chiffon mists or, when it is colder, cloaks her in thick cloud or glittering snow. When kunanyi was first proposed as the preferred name for the mountain, the shape of the syllables felt awkward and unfamiliar to many of us. But soon enough, three syllables koo-narn-yee rolled from our tongues. We got used to saying the word, reading kunanyi on signs, and thinking of our mountain as part of a much older human story. Names are important because they convey meaning and signal connection. Restoring old names acknowledges longer histories. Recognizing the other knowledges, values, worldviews and practices that shape our island home not only acknowledges the past but also provides a richer palette from which to imagine our futures.

Acknowledgments

The idea for this book began in 2016 and has been helped along the way by the generosity and enthusiasm of many good people.

I am grateful to the editor of this series, Simon Cottle, who gave a thoughtful nod to the idea of green lawfare over a beer at Preachers one night and later commissioned this book. I have had the pleasure of working with the team at Peter Lang, especially Elizabeth Howard and Naviya Palani.

Details

Pages
XVI, 228
Year
2024
ISBN (PDF)
9781433196423
ISBN (ePUB)
9781433196430
ISBN (Hardcover)
9781433196478
ISBN (Softcover)
9781433196447
DOI
10.3726/b21774
Language
English
Publication date
2024 (June)
Keywords
mediatized environmental conflict rights of nature environmental jurisprudence environmental protest climate litigation environmental movement environmental discourses risk communication media logic media networks environmental law mediatization
Published
New York, Berlin, Bruxelles, Chennai, Lausanne, Oxford, 2024. XVI, 228 pp.

Biographical notes

Claire Konkes (Author)

Dr Claire Konkes is a Senior Lecturer in Media at the University of Tasmania. Previous work as a journalist and environmental campaigner informs her research into the involvement of news and other media in the development of environmental policy and law.

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