August 2009

The Broadside in Response: AES Opposes Steadfast Insurance Company's Motion for Summary Judgment in the First Climate Change Coverage Lawsuit

August 19, 2009 07:26
by J. Wylie Donald
As we discussed back in our March 29 blog, the battle is joined in the first climate change liability coverage suit:  Steadfast Insurance Co. v The AES Corp.  Steadfast reserved its rights and offered a defense of the Native Village of Kivalina v. ExxonMobil suit, and then reversed course and filed a declaratory judgment action in Virginia. Shortly thereafter it filed a motion for summary judgment asserting that there is no occurrence, and that coverage is barred by the loss in progress and pollution exclusions. AES's opposition was a long time in coming as it sought depositions (wh...


Prospects Seem to Fade for Prompt Senate Action on Climate Change

August 16, 2009 15:41
It’s only been six weeks since the U.S. House of Representatives narrowly passed broad-sweeping climate and energy legislation, but signs are emerging already that rougher sledding is ahead for the measure in the U.S. Senate.  Just over a week ago, a consortium of 10 Democratic Senators from mostly Midwestern “rust belt” states wrote to President Barack Obama, expressing their strong support for adding measures to the bill, The American Clean Energy and Security Act (HR 2454), to ensure the strength and viability of American manufacturing. “Any climate change legislation must prevent ...


Wining about Climate Change - Report on the Harvest in the Southern Hemisphere

August 2, 2009 01:19
by J. Wylie Donald
The August Wine Spectator reports on the grape harvest in the Southern Hemisphere.  I wondered whether the extremes of weather characteristic of climate change would evidence themselves in the grape.  The theory was vindicated in Australia where record-breaking heat challenged vintners.  And in Chile there was no rainfall from October through harvest. But to stop there would not be telling the full story.  New Zealand had moderate conditions at harvest and in South Africa, “the Stellenbosch and Paarl growing districts enjoyed ideal conditions.”  All of which proves t...



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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