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.