November 2008

The First Climate Change Coverage Case: Steadfast Insurance Co. v. The AES Corp.

November 4, 2008 16:36
by J. Wylie Donald
On the day of this historic election I should attempt to link insurance to some great electoral issue, but I cannot.  Instead you will have to just slog through with me some of the import of the first climate-change insurance coverage case:  Steadfast Ins. Co. v. The AES Corp., Case No. 2008-858 (Cir. Ct. Arlington Cty., Va.). This case arises out of the climate change nuisance case, Native Village of Kivalina v. ExxonMobil Corp., CV 08-1138 SBA (N.D. Cal.).  In Kivalina, claimants asserted that greenhouse gas emissions resulted in warmer winters, which lead to melting of s...

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Presidential Candidates and Climate Change Policy

November 4, 2008 02:38
By Rebecca Brenia, McCarter & English, Hartford   No matter the outcome, today’s election is likely to bring about a dramatic shift in climate change policy within the federal executive branch.  Senators John McCain and Barack Obama both support policies to bring about a significant reduction in greenhouse gas emissions over the coming decades.  The candidates’ positions with respect to climate change are quite similar, with different tactical approaches in certain areas.   The candidates both support a mandatory, economy-wide cap-and-trade program to dramatically r...

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McCARTER & ENGLISH CLIMATE CHANGE AND RENEWABLE ENERGY PRACTICE GROUP

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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