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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.
Cottonwood Environmental Law Center v. Olson
In an unpublished opinion, the Ninth Circuit affirmed dismissal of a challenge to the Forest Service's approval of sheep grazing allotments in Beaverhead Deerlodge National Forest. An environmental group argued the Service overlooked new information on grizzly bear mortality and conflicts with sheep...
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...
Front Range Equine Rescue v. Vilsack
A district court dismissed for lack of subject matter jurisdiction a nonprofit group's challenge to the Forest Service's and BLM's herd management plan for wild horses and burros in Humboldt-Toiyabe National Forest. The group argued the agencies arbitrarily and capriciously authorized use of surgica...
Sierra Club v. Tennessee Valley Authority
A district court denied summary judgment for an environmental group in a challenge to the Tennessee Valley Authority's (TVA's) decision to build a gas-fired power plant in Tennessee. The group argued the EA violated NEPA, and that TVA's decision to issue a FONSI and not to prepare an EIS was arbitra...
Buffalo River Watershed Alliance v. United States Forest Service
A district court denied summary judgment for an environmental group in a challenge to the Forest Service's approval of a tree-thinning project in Ozark National Forest. The group argued the Service violated NEPA by failing to take a "hard look" at certain environmental issues and failing to prepare ...