Climate Change Blog | McCarter & English

Super Models Are Looking Better Than Ever - What Does That Mean For Insureds?

August 20, 2014 23:19
by J. Wylie Donald
A recent article in August’s Best’s Review, The Rise of the Super Models, by Kate Smith (not Kate Upton, sorry), caught our eye.  A lot is going on in the world of computer catastrophe modeling.  First, demand by insurers and reinsurers is up and modeling firms are “broadening the scope of risks and regions that they model, with RMS, AIR Worldwide and CoreLogic EQECAT all set to release new models this year.”  Among other things, all of the top 3 modeling f...

Climate Change Effects | Flood Insurance | Insurance

The New Bucket List: NOAA’s Top Sites for Increased Nuisance Flooding

July 29, 2014 14:26
by J. Wylie Donald
"Seawater on the streets.”  One immediately knows that, notwithstanding the alliterative allure, something is not right.  And when one is in Annapolis, Maryland, and the Alex Haley Scuplture Group is literally reading in the waves, it is plain disconcerting.  The National Oceanic and Atmospheric Administration calls this “nuisance flooding,” and has just issued a report, Sea Level Rise and Nuisance Flood Frequency Changes around the United States, that takes sea ...

Climate Change Effects | Rising Sea Levels

Top 6 at 6: Highlights of the Top Climate Change Legal Stories in the First Half of 2014

July 7, 2014 09:10
by J. Wylie Donald
Our semi-annual look at the top climate change legal stories is keyed on EPA.  You hardly have to have been awake to be aware of the Clean Power Plan and UARG v. EPA.  But other things have stirred the pot as well:  three reports – two by the Intergovernmental Panel on Climate Change and the other by Standard & Poor’s, and two climate change lawsuits – one by Illinois Farmers Insurance Company and the other by Biscayne Bay Water Keeper.    1....

Is RGGI in New Jersey's and Pennsylvania’s Future?

June 14, 2014 11:02
by John McAleese
With the release of EPA’s proposed regulation of CO2 from existing sources on June 2, there has been a lot of speculation that states will look to cap-and-trade schemes as a means of complying with EPA’s mandate that the states reduce CO2 emissions by 30% of 2005 levels by 2030. The Regional Greenhouse Gas Initiative (RGGI) provides an existing market-based framework for states in the northeast, and maybe nationwide, to implement cap-and-trade on an interstate basis. RGGI is current...

Carbon Emissions | Greenhouse Gases | Legislation | Regulation

Negligent Operation of a Storm Sewer: A New Theory of Climate Change Liability

May 2, 2014 00:08
by J. Wylie Donald
We have written many times about the flawed design of the nation's flood maps in an era of climate change.  And spoken about the potential for claims against professionals for failure to consider the effects of climate change in what they do.  On April 16, 2014 those two ideas manifested in a 143 page lawsuit filed in Cook County, Illinois asserting that local governments are at fault for flood damage that insurance companies had to pay for.  Illinois Farmers Insurance Co. v. The ...

Climate Change Effects | Regulation

A Slow-Burning Fuse: Climate Change from the Risk Management Trenches

April 29, 2014 23:02
by J. Wylie Donald
This morning was the only professional session on climate change at the 2014 annual conference of RIMS, the Risk and Insurance Management Society, the preeminent risk management trade group in the country. Over 9,000 individuals from insurers, policyholders, brokers and vendors are in attendance.  In a different conference room, my partner made a presentation on "additional insured" coverage with 400+ in attendance.  About 30 showed up for climate change. The disinterest was not due t...

Climate Change | Climate Change Effects

Executory Forward SREC Contracts - What Exactly Does This Mean?

March 3, 2014 23:25
by J. Wylie Donald
What happens to the payment for a solar renewable energy credit (SREC) when the payor closes its doors?  Maryland citizens are finding out the hard way.  The promises made to some of them are turning up empty. Here are the details.  Greenspring Energy was a promising solar installation company.  As it describes itself:  "Greenspring Energy offers a unique combination of high-quality solar energy systems and the best energy saving products and services in the marketplace...

Renewable Energy | Solar Energy | Utilities

Report on Carbon Capture and Storage from the House

February 20, 2014 22:37
by J. Wylie Donald
Would an 80% premium steer you away from an energy source that was low-carbon, naturally abundant in the United States, not subject to the vicissitudes of weather, incapable of nuclear meltdown and accompanied by a well-established infrastructure?  Suppose the premium was only 40%? Hearings last week before the House Energy and Commerce Committee’s Subcommittee on Oversight and Investigation explored that topic in connection with the development of carbon capture and storage technolo...

Carbon Dioxide | Regulation | Utilities

Contrary Legal Winds at Cape Wind - Opponents of Offshore Wind Sue Asserting Preemption

February 9, 2014 22:34
by J. Wylie Donald
Would you care to hazard a guess at how long it takes to bring online an offshore wind farm in the United States?  At the moment, it is 12+ years and counting.  A recent court filing arguing constitutional questions is certain to slow it down some more. In 2001 Cape Wind Associates, LLC, submitted an application to the United States Army Corps of Engineers for a permit to construct an offshore wind power facility in Nantucket Sound.  About 9 years later Cape Wind finally procured...

Wind Energy | Utilities

Dust in the Wind – A "Silent Epidemic" Rises in the Southwest

January 20, 2014 10:31
by J. Wylie Donald
Statisticians call it a correlation when two sets of data are strongly linked.  Last Friday, the governor of California declared a state of emergency arising from the persistent drought that resulted in 2013 being the driest year on record.  In June of last year, a federal judge in the Northern District of California ordered the implementation of certain policies relating to the epidemic of Coccidioidomycosis (aka Valley Fever or cocci) in the California prison system, including the tr...

Climate Change Effects


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