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Western Watersheds Project v. Vilsack
The Tenth Circuit, 2-1, reversed a district court ruling in a challenge to the Forest Service's approval of a 2020 management plan amendment for the Thunder Basin National Grassland in northeastern Wyoming. Conservation groups had argued the amendment failed to comply with the ESA and NEPA. The dist...
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.