September 2012

A Wind Farm in Oregon Threatens National Security and President Obama Acts

September 30, 2012 23:41
by J. Wylie Donald
This past Friday, President Obama stopped a national security threat in its tracks:  We quote: There is credible evidence that leads me [the President] to believe that Ralls Corporation (Ralls), ..., and its subsidiaries, and the Sany Group (which includes Sany Electric and Sany Heavy Industries), a Chinese company affiliated with Ralls (together, the Companies); and, Mr. Dawei Duan (Mr. Duan) and Mr. Jialing Wu (Mr. Wu), citizens of the People's Republic of China and senior executives of ...

Climate Change | Renewable Energy | Wind Energy | Supreme Court

Ninth Circuit Displaces Kivalina v. ExxonMobil Climate Change Liability Case

September 21, 2012 19:22
by J. Wylie Donald
In litigation concerning liability for the emission of greenhouse gases, the federal common law of nuisance is displaced by the Clean Air Act.  This is not news.  It was established by the Supreme Court over a year ago in American Electric Power v. Connecticut, 131 S. Ct. 2527 (2011). This morning, the Ninth Circuit Court of Appeals acknowledged the rule and applied it to the plaintiffs in Native Village of Kivalina v. ExxonMobil Corp. ("Opinion") and affirmed the dismissal by the Nort...

Carbon Dioxide | Climate Change Litigation

If You Want More Climate Change Clients Do This

September 18, 2012 23:00
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 t...

Climate Change | Climate Change Effects | Green Buildings

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

September 13, 2012 12:03
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...

Climate Change | Climate Change Effects | Insurance

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

September 9, 2012 00:03
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 th...

Insurance | Legislation | Regulation | Weather


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