Climate Change Blog | McCarter & English

The Clean Power Plan: A View from FERC, Part II - Infrastructure

February 26, 2015 12:54
by Tricia Caliguire
Because I had a seat inside the meeting room at FERC's Clean Power Plan Overview last Thursday, I got a close-up view of the protesters.  Most were older (as opposed to the college-student variety), they carried signs, wore matching red t-shirts and, after the first panel concluded, began to chant, “gas is dirty.”  Though none of them explained what they meant, and the speakers so far had not focused on Building Block 2 (shifting dispatch from coal to natural gas combined-cycle generators), most of the rest of the crowd understood that they were protesting the Clean Power...

Carbon Emissions | Regulation | Utilities

The Clean Power Plan: A View from FERC

February 19, 2015 19:30
by J. Wylie Donald
It is innocuous enough: Conference on Environmental Regulations; but the plainness of title belies what is going on at the Federal Energy Regulatory Commission today. Today is the first public forum at FERC on EPA's Clean Power Plan. It is playing to overflow crowds. Notwithstanding arriving an hour early, I didn't even get to see the Commission, except remotely. One of the panelists characterized the implications of the Clean Power Plan as the most significant transformation of the bulk power system ever. While some might not agree, none would disagree that EPA's involvement in the electricit...

Carbon Emissions | Regulation | Utilities

Rising Sea Levels and Prohibited "Takings" - A Different Sort of Climate Change Litigation

November 18, 2014 21:39
by J. Wylie Donald
  A little noted anniversary passed this past week.  The odd 2009 storm, Nor’Ida (the progeny of a nor’easter and a hurricane), swept along the east coast pounding some areas with record storm surge five years ago in the second week of November.  Who is keeping Nor’Ida’s memory alive?  Among others, homeowners in Nags Head, North Carolina have especially good memories, as shown by their long-running litigation, Sansotta v. Town of Nag's Head.  They have been in state court, federal district court, the Fourth Circuit and on November 6 (one ...

Climate Change Litigation | Rising Sea Levels | Weather

EPA COMMENTS SUGGEST EMPHASIS ON CREATIVITY AND INTERNALIZING EXTERNALITIES IN CLIMATE STRATEGY

October 14, 2014 06:29
by Jameson Tweedie
The American Bar Association's Section of Energy, Environment and Resources held its Fall Conference last week.  Noteworthy from a climate perspective were the keynote address by Environmental Protection Agency Administrator Gina McCarthy, along with comments by other officials within President Obama's Administration with specific responsibility on climate issues—including Samantha Medlock, Deputy Associate Director for Climate Preparedness (White House Council on Environmental Quality); Hilary Tompkins, Solicitor (Department of the Interior); Cynthia Giles, Assistant Administrator,...

Carbon Emissions | Climate Change | Climate Change Effects | Rising Sea Levels

Alaska Supreme Court Opens the Door for Alternative Theory in Public Trust Litigation

September 26, 2014 08:40
by J. Wylie Donald
Co-author: Jeffrey K. Janicke As this blog has discussed on several prior occasions, Our Children&r

Climate Change | Climate Change Litigation

A Provisional Winner of an Offshore Wind Lease is Announced and that Means the Goal Line is Still Far Off

August 24, 2014 20:23
by J. Wylie Donald
Offshore wind took another small step forward last week when US Wind was announced as the provisional winner of the US Bureau of Ocean Energy Management's August 19 auction of development rights to nearly 80,000 acres off of Maryland.  The price?  $8.7 million. According to the BOEM press release, and other reports the few million to be ponied up by US Wind (or by its Italian parents, Renexia and Toto S.p.A.) is more than was bid for offshore leases in Virginia and Massachusetts and apparently is justified by the substantial financial carrot established by the O'Malley administratio...

Regulation | Renewable Energy | Wind Energy

Super Models Are Looking Better Than Ever - What Does That Mean For Insureds?

August 20, 2014 20:19
by J. Wylie Donald
A recent article in August’s Best’s Review, The Rise of the Super Models, by Kate Smith (not Kate Upton, sorry), caught our eye.  A lot is going on in the world of computer catastrophe modeling.  First, demand by insurers and reinsurers is up and modeling firms are “broadening the scope of risks and regions that they model, with RMS, AIR Worldwide and CoreLogic EQECAT all set to release new models this year.”  Among other things, all of the top 3 modeling firms are releasing U.S. inland flood models.  This blog has been hard on FEMA and the Corps of ...

Climate Change Effects | Flood Insurance | Insurance

The New Bucket List: NOAA’s Top Sites for Increased Nuisance Flooding

July 29, 2014 11:26
by J. Wylie Donald
"Seawater on the streets.”  One immediately knows that, notwithstanding the alliterative allure, something is not right.  And when one is in Annapolis, Maryland, and the Alex Haley Scuplture Group is literally reading in the waves, it is plain disconcerting.  The National Oceanic and Atmospheric Administration calls this “nuisance flooding,” and has just issued a report, Sea Level Rise and Nuisance Flood Frequency Changes around the United States, that takes sea level rise down to the day-to-day and documents the quotidian, long-term repetitive inundations that...

Climate Change Effects | Rising Sea Levels

Top 6 at 6: Highlights of the Top Climate Change Legal Stories in the First Half of 2014

July 7, 2014 06:10
by J. Wylie Donald
Our semi-annual look at the top climate change legal stories is keyed on EPA.  You hardly have to have been awake to be aware of the Clean Power Plan and UARG v. EPA.  But other things have stirred the pot as well:  three reports – two by the Intergovernmental Panel on Climate Change and the other by Standard & Poor’s, and two climate change lawsuits – one by Illinois Farmers Insurance Company and the other by Biscayne Bay Water Keeper.    1.  The Clean Power Plan - On June 6 EPA issued a 600+ page proposal directed at controlling...

Carbon Emissions | Climate Change Litigation | Regulation | Rising Sea Levels | Supreme Court | Year in Review

Is RGGI in New Jersey's and Pennsylvania’s Future?

June 14, 2014 08:02
by John McAleese
With the release of EPA’s proposed regulation of CO2 from existing sources on June 2, there has been a lot of speculation that states will look to cap-and-trade schemes as a means of complying with EPA’s mandate that the states reduce CO2 emissions by 30% of 2005 levels by 2030. The Regional Greenhouse Gas Initiative (RGGI) provides an existing market-based framework for states in the northeast, and maybe nationwide, to implement cap-and-trade on an interstate basis. RGGI is currently a voluntary, interstate greenhouse gas emissions trading platform among Connecticut, Delaware, Ma...

Carbon Emissions | Greenhouse Gases | Legislation | Regulation

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