Kaeli Brennan, Environmental Law Review, Junior Staffer, Class of 2027\u00a0<\/p>\n\n\n\n
Potential litigation and enforcement challenges for inadequate preparation of climate change infrastructure are becoming a real threat for marine terminals and oil storage facilities. The Conservation Law Foundation<\/a> (\u201cCLF\u201d), an environmental advocacy organization, has been leading an emerging wave of litigation and enforcement challenges arguing that these coastal infrastructures have failed to adequately prepare for climate change and the risks it imposes. In 2016, the CLF filed a lawsuit against ExxonMobil\u2019s Everett<\/a>, Massachusetts terminal, alleging the facility was unprepared for the impacts of climate change. Similarly, the CLF has brought suits against Shell\u2019s terminals<\/a> in New Haven, Connecticut and Providence, Rhode Island for failing to prepare for extreme weather and climate-driven flooding.These cases represent a growing trend of plaintiffs attempting to hold fossil fuel infrastructure operators accountable for failing to adapt to known climate risks such as sea-level rise and intensifying storms.<\/p>\n\n\n\n The legal precedent established by these marine terminal cases may result in the expansion of climate adaptation liability to other coastal developments. With scientific understanding of climate risks increasingly becoming codified, developers operating in coastal zones may face increased legal exposure and potential liability<\/a>. If developers fail to build or update their projects to meet the scientific standards identified in the emerging regulatory framework and courts determine that ignoring established climate science constitutes negligence, then the litigation could extend<\/a> well beyond oil terminals. Residential developments, commercial businesses, and other coastal infrastructure may all be subject to litigation under this theory. Accordingly, increased climate adaptation litigation based on scientifically established standards could change how corporations assess and manage climate-related risks in their coastal operations. <\/p>\n","protected":false},"excerpt":{"rendered":" Kaeli Brennan, Environmental Law Review, Junior Staffer, Class of 2027\u00a0 Potential litigation and enforcement challenges for inadequate preparation of climate change infrastructure are becoming a real threat for marine terminals and oil storage facilities. The<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_coblocks_attr":"","_coblocks_dimensions":"","_coblocks_responsive_height":"","_coblocks_accordion_ie_support":"","_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"categories":[34,19],"tags":[],"class_list":["post-2153","post","type-post","status-publish","format-standard","hentry","category-climate-change","category-litigation"],"_links":{"self":[{"href":"https:\/\/fordhamlawelr.org\/index.php?rest_route=\/wp\/v2\/posts\/2153","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fordhamlawelr.org\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fordhamlawelr.org\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fordhamlawelr.org\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/fordhamlawelr.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=2153"}],"version-history":[{"count":0,"href":"https:\/\/fordhamlawelr.org\/index.php?rest_route=\/wp\/v2\/posts\/2153\/revisions"}],"wp:attachment":[{"href":"https:\/\/fordhamlawelr.org\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=2153"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fordhamlawelr.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=2153"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fordhamlawelr.org\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=2153"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
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