Climate adaptation and liability: A legal primer and workshop summary report

This series and workshop summary addresses the gap in knowledge on climate-related liabilities and aims to foster dialogue on how these liabilities may advance or inhibit implementation of known and well-developed climate adaptation approaches in Massachusetts, U.S.

Parts I through III provide a primer on the main theories of legal liability that could come into play if a design professional or public official failed to adequately undertake climate adaptation measures resulting in harm. These sections include case law that was presented to participants at each workshop as well as a deeper look at relevant legal trends and theories specifically for this report. This primer is not intended to be an exhaustive analysis of existing case law, but rather an introduction with relevant examples of the types of claims that could arise when parties do not adequately prepare for climate change. Part IV of this report synthesizes the conversations and discussions of participants during each of the half-day workshops.

These workshops took place in Boston and therefore references to specific laws and regulations are primarily those in Massachusetts. However, these concepts and themes, including much of the legal background, is applicable to other parts of the country as well.

The report concludes with recommended next steps for addressing the existing barriers to implementation of climate adaptive solutions.