May 2013

Delaware’s Most Vulnerable County Abstains from Vote on Sea Level Rise Mitigation Options

May 31, 2013 05:47
by J. Wylie Donald
In our continuing our discussion (see here and here) of the Delaware Sea Level Rise Advisory Committee ("DSLRAC"), the efforts of the DSLRAC took an ironic - but perhaps predictable - turn when the delegate for the Delaware county likely to be most directly affected by sea level rise abstained from voting on any of the dozens of options developed by the DSLRAC to address the effects of sea level rise.After developing a list of over 60 "Options for Preparing Delaware for Sea Level Rise" (PDF available here), over the past months the DSLRAC held public engagement sessions in each of De...

Climate Change | Rising Sea Levels

Fifth Circuit Knocks Out Climate Change Liability Lawsuit Again

May 15, 2013 21:10
by J. Wylie Donald
Res judicata is one of those phrases learned in law school that seemed of limited utility. How often is someone going to bring the same claim twice?  Callow law students know little of the world.  The doctrine is frequently needed and, as was learned in law school, it can be used to dispose of a claim, even if the prior decision "may have been wrong or rested on a legal principle subsequently overruled in another case."  Federated Dep't Stores, Inc. v. Moitie, 452 U.S. 394, 398 (1981). On Tuesday, the Fifth Circuit applied the hoary doctrine to snuff out (ag...

Climate Change Litigation | Supreme Court | Utilities

Climate Change Legal Work: Changing the Paradigm Does Not Come Easily

May 8, 2013 05:18
by J. Wylie Donald
I learned the other day that for $3995 I can download nearly a 1000 page report on the climate change industry.  The Ah Hah moment was at hand.  The President’s promise at his inauguration and then again at the State of the Union was upon us.  Here it would be revealed what the small group of lawyers focused on climate change law were looking for:  where is the legal work?  But I am a cautious consumer.  The publisher anticipated my skepticism and offered the table of contents for my review for free.  I didn’t even have to give my email address.&n...

Carbon Dioxide | Climate Change | Climate Change Effects | Insurance | Rising Sea Levels

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