As the prospects of significantly mitigating climate change through emissions reductions become dimmer, the critical necessity of adaptation has become clearer, with failure-to-adapt litigation possibly playing an important role in bringing adaptation measures to pass. Based on a review of every adaptation-related case in the U.S. Climate Litigation Database maintained by the Sabin Center for Climate Change Law, this Article offers the first comprehensive assessment of failure-to-adapt litigation in the United States.

Local opposition to siting of wind and solar energy projects stands to threaten the renewable energy transition in New York State. The state government has sought to quell this opposition by statutorily requiring developers to provide community benefits as a condition of their permits. One way these benefits are secured is through host community agreements (HCAs), with the developer typically agreeing to make payments to the municipality from project revenue in exchange for the municipality promising not to oppose the project during the state permitting process.

This Comment examines the potential impact of the demise of Chevron deference on the environment and the health of residents of communities disproportionately affected by “cumulative impacts.” It reviews the Chevron deference doctrine and the U.S. Supreme Court’s overturning of that well-established legal precedent, discusses the goal of environmental justice for all communities and how the U.S. Environmental Protection Agency (EPA) has sought to secure that goal in accordance with the environmental laws administered by EPA, and offers some conclusions.

In May 2024, the International Tribunal for the Law of the Sea (ITLOS) issued a landmark advisory opinion on climate change under international law. It unanimously determined that State Parties to the United Nations Convention on the Law of the Sea have specific obligations to take all necessary measures to prevent, reduce, and control marine pollution from anthropogenic greenhouse gas emissions.

On June 13, 2024, the Environmental Law Institute and its Pro Bono Clearinghouse hosted the tenth installment of the continuing legal education series Community Lawyering for Environmental Justice, focusing on the environmental justice implications of “forever chemicals,” including per- and polyfluoroalkyl substances (PFAS). A panel of experts highlighted developments, challenges, and opportunities in this burgeoning area, and discussed research on the disproportionate exposure experienced by communities of color; the U.S.

The Stockholm Resilience Centre has concluded that the number of “planetary boundaries” we are crossing has increased from three in 2009, when the Centre’s researchers first introduced the concept, to six in 2023. Crossing these boundaries means humans are changing basic attributes of planetary systems to the point of risking the future of civilization.

A number of facilities intended for permanent sequestration of carbon dioxide are being developed in the United States. Several will be located on or near the coast of the Gulf of Mexico, making them easily accessible to ships. Meanwhile, in Europe there is substantial interest in capturing carbon dioxide from industrial operations, but currently inadequate sequestration facilities, and growing interest in shipping carbon dioxide for sequestration in the United States. This Article reviews the main U.S.

The relationship between the Convention on Biological Diversity and the Trade-Related Aspects of Intellectual Property Rights regime under the World Trade Organization is complex. The manner in which intellectual property rights (IPRs) pertaining to genetic resources (GRs) and associated traditional knowledge (ATK) are handled is the main source of this dissonance.

Plastic pollution is emerging as a defining crisis of our time. The United States has set a national goal to eliminate plastic release into the environment by 2040 and is engaging in negotiations on a global plastics treaty while simultaneously developing a national strategy. A recent report published by the Environmental Law Institute (ELI) and the Monterey Bay Aquarium provides a comprehensive overview of existing legal authorities the federal government can leverage to achieve this national goal while safeguarding human health and the environment.

Interconnection queues across the United States prevent renewable energy projects from connecting to the grid because of their years-long backlog. Current procedures are increasing the number of projects that withdraw from the queue and the time it takes for renewable projects to seek approval. This Article examines the recent reforms taken by two regional grid operators, the Pennsylvania-New Jersey-Maryland Interconnection (PJM) and the Midcontinent Independent System Operator.