May 2011

2011 Hurricane Season - Will Florida's Insurer of Last Resort Be Up To It?

May 31, 2011 17:21
by J. Wylie Donald
On the eve of hurricane season, we ponder what would happen if an irresistible force met an immovable object.  To make this concrete, we consider the effect of a Hurricane Katrina-like storm impacting Florida's property insurance program, the centerpiece of which is the actuarially unsound, tax-exempt, non-profit corporation, and insurer of last resort, Citizens' Property Insurance Corporation. The Atlantic hurricane season begins tomorrow. The forecasters at the University of Colorado Hur...

Insurance | Legislation | Weather

Predicting Sea Level Rise - The Arctic Council Raises the Ante

May 16, 2011 23:27
by J. Wylie Donald
Last Thursday Secretary of State Hilary Clinton and other prominent diplomats signed the first ever treaty under the auspices of the Arctic Council; specifically, the member nations addressed Arctic search and rescue, made necessary by the increasing traffic in the formerly ice-locked realm caused by the reality of Arctic warming. Less noticed, perhaps, was the release of a report by the Council's Arctic Monitoring and Assessment Program (AMAP).  Among other things, the report, Snow, W...

Climate Change | Climate Change Effects | Rising Sea Levels | Sustainability

Our Children's Trust Unleashes Wave of Climate Change Litigation

May 5, 2011 13:40
by J. Wylie Donald
When we wrote last month concerning the implications of the upcoming decision by the Supreme Court in American Electric Power v. Connecticut, we were fully expecting to wait for the decision to test our powers of prognostication.  We were very wrong.  In a collection of lawsuits and regulatory filings across the nation, environmentalists have joined the climate change litigation fray in a very big way.  Here is what we wrote:  "[A dismissal of Connecticut] says nothing a...

Carbon Dioxide | Climate Change | Climate Change Litigation | Greenhouse Gases | Supreme Court


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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