February 2013

In Response to Sea Level Rising At Double the Global Rate, Delaware Debates Whether to Accommodate, Avoid, Protect or Retreat

February 20, 2013 17:07
by J. Wylie Donald  & Jameson Tweedie
On February 19, 2013, the Delaware Sea Level Rise Advisory Committee ("DSLRAC") held the second of three "public engagement sessions" to solicit public comment on a list of 61 "Options for Preparing Delaware for Sea Level Rise". These public engagement sessions are part of the second phase -- focusing on adapting to sea level rise -- of the DSLRAC's mission. The first phase focused on the preparation of a comprehensive assessment of Delaware's vulnerabilities to sea level rise. The Vulnera...

Climate Change | Climate Change Effects | Insurance | Rising Sea Levels

A Theory of a Moveable Parcel is Not the Legal Solution to Rising Sea Levels and Beach Front Ownership

February 11, 2013 23:55
by J. Wylie Donald
The Massachusetts Supreme Judicial Court weighed in on an ugly property rights case last Friday concerning some beautiful beachfront on Martha’s Vineyard.  In White v. Hartigan, SJC 11072 (Feb. 8, 2013), the Court considered whether a deed conveying “the beach” in 1841 sufficed to give the plaintiffs title to “the beach” in 2004, notwithstanding that in the intervening century and a half the original beach had vanished beneath the waves.  The Court ha...

Climate Change Effects | Rising Sea Levels

Offshore Wind: Will New Jersey Take the Opportunity to Lead?

February 7, 2013 16:30
by Marshall McLean
Is New Jersey placing the cart before the horse when it comes to the establishment of rules regulating the State’s Offshore Renewable Energy Certificates?  Instead of spending time analyzing how to mitigate the risks of possible state appropriation of OREC funds, let’s build a project already! In August of 2010, New Jersey Governor Chris Christie signed the Offshore Wind Economic Development Act to “spur economic growth in the Garden State through the development of renew...

Climate Change | Wind Energy

Wind Projects: Bald Eagles Don't Surf

February 5, 2013 23:57
by J. Wylie Donald
One would think that preliminary estimates of bird fatalities at a proposed 78 MW wind farm in southeastern Minnesota were hardly news.  After all, there are over 60,000 MW of wind energy installed in the United States.  But last Friday the Wall Street Journal published an op-ed piece by Robert Bryce, Senior Fellow at the Manhattan Instittue, which used that preliminary estimate to rip into the project, New Era Wind, and wind energy in general, accusing the Fish & Wildlif...

Renewable Energy | Wind Energy

Call for Comments on the Third National Climate Assessment

February 2, 2013 00:46
by J. Wylie Donald
The draft “National Assessment of Supply Chain and Other Developing Risks” was issued just last month. It outlined increasing threats to infrastructure, food and water supplies, air quality, national security, public health and public safety, and ecosystems. It also discussed measures to reduce those risks and to address them. In short, the Assessment should be required reading for everyone involved in planning a company's response to the things that could destroy the company. Only i...

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


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.

Click here for more information and a list of our group members.
© McCarter & English, LLP. All Rights Reserved. disclaimer
navbottom image