THELITIGATION LAB
Anticipating the legal actions of tomorrow
For decades, environmental protection has relied heavily on federal regulation: identify a problem, establish protections, and enforce the rules.
But the legal landscape is shifting. Courts are limiting regulatory authority and creating new obstacles to enforcing environmental protections.
Environmental threats have also evolved. Climate change, PFAS contamination, and toxic exposure can cause lasting harm that regulation alone cannot reverse.
Preventing future harm is essential, but communities also need legal pathways to seek accountability, remediation, and compensation for damage already done.
The next generation of environmental challenges demands the next generation of legal strategies.
The Litigation Lab calls out where existing legal approaches are failing us and incubates innovative strategies to move beyond them.
Legal Projects
Articles & Videos
Op-EdThe Originalists’ Climate Test
Justices Thomas, Gorsuch and Barrett refused to invent an implied constitutional immunity last term. In Suncor v. Boulder County, the oil companies are asking them to do it anyway.
Amicus BriefA Climate Case With Consequences Far Beyond Climate
Why Suncor v. Boulder could reshape communities' ability to seek compensation for pollution that crosses state lines.
How We Work
We begin with the harm and measure success by the problems we solve and the rights we protect.
Build strategically, think differently
Good facts make good law. We identify gaps and inconsistencies in existing doctrine, then seek out and develop cases with the potential to challenge entrenched rules and establish new precedent.
Develop principles, not arguments
Lasting legal change requires a coherent vision of how the law should evolve. We develop legal principles that strengthen accountability and provide a foundation for building doctrine over time.
Assess the limits, explore alternatives
Not every problem has a judicial solution. We assess the possibilities and limits of litigation, pursuing legislative or policy solutions when the courts cannot provide meaningful relief.