Climate Change Blog | McCarter & English

If You Want More Climate Change Clients Do This

September 18, 2012 20:00
by J. Wylie Donald
We were in New York City today at a conference, Cooling on Climate Change: Designing the Message, sponsored by the Urban Green Council.  The conundrum to be unlocked was:  how come something as serious as climate change doesn't have politicians and the public standing in line to solve the problem?  The answer is obvious to trial lawyers:  even with the most compelling facts, if you don't have the jury emotionally, the result is likely to come out wrong.  Similarly, and the point of this article, clients may be very concerned about certain effects caused by climate chan...

Climate Change | Climate Change Effects | Green Buildings

You Want Hantavirus With That View? Contagion Clouds the Air at Yosemite

September 13, 2012 09:03
by J. Wylie Donald
Nasty diseases like Ebola and SARS are not something one picks up in the good old USA, particularly at a national park, like, say, Yosemite.  Well that would be wrong.  Three visitors have died this summer from something called the hantavirus.  Infectious disease specialists have localized the most likely cause to a rustic tent site in Curry Village, popular with visitors to the park. Hantavirus is transmitted through the aerosolization of infected rodent feces and urine.  The mortality rate is about one in three. This is not good. You may be saying this is ...

Climate Change | Climate Change Effects | Insurance

Tough Love: Florida Continues to Improve Its Hurricane Coverage But Will It Be Enough?

September 8, 2012 21:03
by J. Wylie Donald
We have been rather tough on Florida and its insurer of last resort, Citizens Property Insurance Corporation, over the years (not that they pay any attention to climatelawyers.com).  But Citizens has deserved it. Here is what its president, Barry Gilway, has had to say about the current state of affairs: Citizens is close to being able to cover a major hurricane, the kind that strikes once every 100 years. ... Citizens has the ability to pay $19.5 billion in claims – close to the roughly $22 billion maximum expected damage from a 100-year storm. But more than $5 billion, or ab...

Insurance | Legislation | Regulation | Weather

Storm Surge in Your Lobby: You Should Have Been Thinking About Hurricane Isaac Months Ago

August 28, 2012 07:43
by J. Wylie Donald
12 feet.  Water that deep comfortably inundates the front office's front door and floats the boss's desk.  And that is the predicted maximum storm surge for coastal Louisiana and Mississippi as Hurricane Isaac bears down.   So there are likely to be a few problems in that part of the country by the time the sun goes down this afternoon.  What can be done?  At this late hour, very little unfortunately, other than heading for the hills; here the adage “an ounce of prevention is worth a pound of cure” says it all. Other than sand bags and plywood sheetin...

Flood Insurance | Insurance | Rising Sea Levels | Weather

Climate Change Challenges the Republican Convention

August 26, 2012 21:44
by J. Wylie Donald
When the Republican National Committee made the decision to call off Day 1 of the Republican Convention as Hurricane Isaac threatened the Gulf littoral, some thought it was an appropriate comeuppance for Republican obstruction of climate change legislation. We won't pass such judgments.  Our focus here is all about addressing climate change; we leave it to others to assess the blame. What we have noticed, however, is a rising swell of concern in the electorate about climate change, which might start to cause  the Republicans some concern.  To be sure, this is only anecdotal, an...

Climate Change | Climate Change Effects | Regulation | Rising Sea Levels | Weather

Is a Mass Filing the Right Strategy to Get Carbon Dioxide Regulation Going?

August 3, 2012 20:53
by J. Wylie Donald
After a string of defeats at the regulatory agencies and state and federal courts, Our Children's Trust finally notched two victories last month in its quest to use the public trust doctrine to implement carbon dioxide emission regulations.  Our Children's Trust, an environmental organization based in Oregon,  began its campaign in May 2011 when it oversaw the filing of nearly two score regulatory petitions and a dozen lawsuits seeking to force individual states to take action to restrict carbon dioxide emissions.   OCT's trademark feature is to include as plaintiffs "youth...

Carbon Dioxide | Climate Change Litigation | Legislation | Regulation

The NFIP is Renewed and Reformed, and Climate Change Is Very Much in the Picture

July 8, 2012 14:18
by J. Wylie Donald
President Obama signed the Moving Ahead for Progress in the 21st Century Act, aka "MAP-21", this past Friday.  Support was broad:  the House voted 373-52; in the Senate it was 74-19 in favor.  The bill is a potpourri.  The bulk of the enactment addresses surface transportation topics, but it also includes measures to keep down student loan interest rates, overflights of the Grand Canyon, sport fish restoration, and extensive reform of the National Flood Insurance Program (including significant climate change provisions).  Interestingly, the White House eschews bot...

Climate Change | Climate Change Effects | Flood Insurance | Legislation | Regulation | Rising Sea Levels

The Top 6 at 6: A Review of the Most Important Climate Change Legal Stories in the First Half of 2012

June 30, 2012 21:01
by J. Wylie Donald
Arbitrary and capricious.  Familiar words to anyone involved in regulatory activity.  But also applicable to calendars, which willy-nilly cut off a series of events and ascribe them to one solar cycle, as if the sun gave two hoots.  As we perused the various "Climate Change: Year in Review" reviews that crossed our desk last January, we concluded 365 days are arbitrary and one year capricious in assessing what is important to resurrect and re-discuss.  We further concluded that a 12-month look-back is too long.  So, for what it is worth, here is one of six months....

Carbon Dioxide | Climate Change | Climate Change Litigation | Greenhouse Gases | Insurance | Legislation | Regulation | Year in Review

The DC Circuit Locks in USEPA's GHG Regulations - Sort Of

June 26, 2012 20:13
by J. Wylie Donald
It took a little over five years but USEPA's greenhouse gas regulation program is now firmly established - for the moment anyway.  The D.C. Circuit today rejected every challenge by numerous petitioners and intervenors to the whole raft of USEPA rules that followed from the critical Supreme Court decision, Massachusetts v. EPA, in 2007.  In Coalition for Responsible Regulation, Inc. v. Environmental Protection Agency (attached), the D.C. Circuit considered arguments against the validity of The Endangerment Rule, Endangerment and Cause or Contribute Findings for Greenhouse Gases Unde...

Carbon Dioxide | Climate Change Litigation | Greenhouse Gases | Legislation

Rio+20 Disappoints But Does Renewable Energy Need an International Treaty to Move Forward?

June 23, 2012 14:34
by J. Wylie Donald
Rio+20 wrapped up yesterday.  The moniker derives from the twentieth anniversary of the Earth Summit, the 1992 United Nations Conference on Sustainable Development, which was held in Rio de Janeiro.  This reprise was billed as “an historic opportunity to define pathways to a safer, more equitable, cleaner, greener and more prosperous world for all.”  The conferees focused on two themes:  “How to build a green economy to achieve sustainable development and lift people out of poverty, ... and how to improve international coordination for sustainabl...

Climate Change | Legislation | Renewable Energy | Solar Energy | Sustainability

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The business case for the development of renewable energy projects, from biodiesel and ethanol to wind, solar, and distributed generation, is more compelling than ever as tax and regulatory incentives combine to attract investments. Emerging issues in environmental law and increasingly recognized principles of corporate social responsibility are encouraging public companies to voluntarily reduce greenhouse gas emissions, install clean energy alternatives, and invest overseas in projects under the Kyoto Protocol to respond to climate change concerns.

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