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Failure-to-Adapt Climate Litigation at 20: An Underused Tool?
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.
Understanding Stringent Due Diligence in the ITLOS Advisory Opinion on Climate Change
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.
Save the Colorado v. Semonite
A district court held that the Army Corps of Engineers violated the CWA and NEPA by issuing a dredge-and-fill permit to a municipal water utility to allow a dam expansion project in Denver. Environmental groups argued the Corps violated the CWA by excluding alternatives as impracticable based on an ...
Aloha Petroleum, Ltd. v. National Union Fire Insurance Co.
The Hawaii Supreme Court held that greenhouse gases (GHGs) were "pollutants" under several insurance policies' pollution exclusions and that an "accident" included an insured's reckless conduct for purposes of a challenge against fossil fuel companies for climate change-related harms. The city and c...
Sierra Club v. Tennessee Department of Environment and Conservation
In an unpublished opinion, the Sixth Circuit granted environmental groups' motion to stay CWA permits issued for construction of a proposed pipeline in Tennessee. The groups argued the Tennessee Department of Environment and Conservation (TDEC) and the Army Corps of Engineers violated the CWA by fai...