When Climate Change Forces Flight: Legal Duties in the Age of Retreat

Mark P. Nevitt
Author ORCID Identifier 0000-0001-9690-0326 Document Type Article Publication Date 2026 Keywords Climate change, Legal duty, Climate adaptation, Takings, Retreat, Relocation, Government duties Abstract In the face of climate-driven disasters, government officials and individuals alike must decide whether to invest in climate-exposed areas or retreat. This Article analyzes emerging legal and policy issues associated with both climate retreat (when the government relocates people and...