Climate Change Blog | McCarter & English

Bad Karma for Fisker Automotive: Of Loans and Lawsuits

February 21, 2012 22:59
by J. Wylie Donald
As if it wasn’t hard enough trying to displace the internal combustion engine as the motive force of the automobile, then this happens.  First the plug-in hybrid Chevy Volt’s battery starts catching fire.  Then battery-maker Ener1 files for bankruptcy protection.  Last Thursday, the electric vehicle arena acknowledged more bad news.  Fisker Automotive, maker of the electric sport coupe Karma and promisor of the Nina, issued a press release following...

Climate Change | Green Marketing | Solar Energy

Aronow v. Minnesota is Dismissed: Public Trust Doctrine Not Extended to the Atmosphere in Minnesota

February 4, 2012 21:58
by J. Wylie Donald
We blogged last May and again in December about the tidal wave of litigation set loose by Our Children's Trust (OCT), an Oregon environmental group that had orchestrated the filing of  a dozen suits asserting the defendant States and the United States had an obligation under the public trust doctrine to restrain carbon dioxide emissions, as well as regulatory petitions in about 40 jurisdictions.  One can find OCT on Facebook, Flickr, YouTube and Vimeo. It prepares "backgrounders" ...

Carbon Dioxide | Climate Change | Climate Change Effects | Climate Change Litigation

Blow the Man Down. US Offshore Wind Farm Leasing Takes a Big Step Forward

February 3, 2012 10:47
by J. Wylie Donald
Yesterday was a banner day for offshore wind farms in the mid-Atlantic.  Promoters and advocates received a favorable environmental assessment, a new form and two calls for nominations.  The Environmental Assessment.  Secretary Ken Salazar of the Department of the Interior gave wind developers a big boost when he announced the Department's decision to move forward with government leases of offshore areas for wind farms. This comes at a crucial time for wind turbine manufactu...

Regulation | Renewable Energy | Wind Energy

Just When You Thought It Was Over, Rehearing is Granted in Steadfast v. AES

January 31, 2012 01:10
by J. Wylie Donald
The YogiBerraism "It ain't over till it's over" is overused. But just because it is overused does not mean it is wrong.  AES has stayed up late digesting the insights of one of baseball's greatest. Its homework has paid off. On January 17 the Virginia Supreme Court entered a terse order (attached) granting rehearing in Steadfast Insurance Co v AES Corp. Jump to the next paragraph if you are familiar with the case. For those unfamiliar, AES is a defendant in Native Village of Kivalina v Exx...

Carbon Dioxide | Climate Change Litigation | Insurance

The Maryland Court of Appeals Looks at Models and Likes What it Sees - People's Insurance Counsel Division v. Allstate Insurance Co.: Affirmed

January 29, 2012 00:59
by J. Wylie Donald
Notwithstanding that millions tune in to the long-running reality TV show America's Next Top Model, the real modeling action is not in Hollywood.  Instead, it is on computer mainframes churning out annual simulations of 100,000 years or more of catastrophes such as hurricanes, earthquakes and terrorist attacks. Such analysis drew the attention of the Maryland Court of Appeals in its seminal opinion last Wednesday in People's Insurance Counsel Division v. Allstate Insurance Co. (attached), w...

Climate Change | Climate Change Effects | Insurance | Regulation

Soldiering On: The Western Climate Initiative and RGGI in 2012 and Beyond

January 8, 2012 23:47
by J. Wylie Donald
Last week a big step forward was taken by the Western Climate Initiative (WCI). Or what remains of it. On January 1, 2012 members were to establish binding caps on emissions of carbon dioxide from electricity generators and certain industrial sources, issue allowances for those emissions and then permit the trading of those allowances.  At least that was the plan back in September 2008 when  Design Recommendations for the WCI Regional Cap-and-Trade Program was released and when cl...

Carbon Dioxide | Carbon Emissions | Greenhouse Gases | Regulation

2011: Notwithstanding Extreme Weather, US Climate Policy Does Not Move Forward

December 31, 2011 01:01
by J. Wylie Donald
NOAA reported that 2011 was one for the record books:  12 weather and climate-related disasters each causing over $1 billion in damage.  One might expect (or hope) that a national climate change policy would be coming into place to prevent repeating or setting a new record.  One would be disappointed.  U.S. climate policy is "uncertain," to quote Michael Morris, CEO of American Electric Power, "dysfunctional" is the word applied by Resources for the Future, "ha...

Climate Change Litigation: The Second Wave - Our Children's Trust Goes to Washington

December 16, 2011 22:09
by J. Wylie Donald
2000 years ago all roads led to Rome.  Nowadays, as Our Children’s Trust recently found out, the road of a climate change lawsuit leads to Washington.  All are familiar with the path to Washington taken by Massachusetts v. EPA and American Electric Power v. Connecticut.  Last week a different path surfaced:  the trial court.  The District of the District of Columbia became the Washington venue of Alec L. v. Jackson when  the Northern District of California tra...

Climate Change Effects | Climate Change Litigation | Regulation

Oral Argument in Kivalina: Winds of Change or Climate Change Liability Suits Becalmed?

December 4, 2011 23:16
by J. Wylie Donald
On November 8-9, 2011 an Arctic gale bore down on the peninsulas, islands, salt marshes and beaches of the Alaska littoral.  Named the Bering Sea Superstorm it pounded Alaska with 8-10 foot storm surges, wind gusts up to 75 mph and blizzard conditions.  One small community was particularly fearful.  Many readers already know of whom we are speaking:  Kivalina.  The National Weather Service wrote:  "WIDESPREAD MAJOR COASTAL FLOODING AND SEVERE BEACH EROSION IS E...

Carbon Dioxide | Climate Change Litigation | Supreme Court

Good COP, Bad COP - Durban and the Future of a Climate Change Treaty

November 26, 2011 08:39
by J. Wylie Donald
Durban, South Africa.  Home to the Shark Tank (where Kwazulu-Natal's rugby team, the Sharks, plays), extensive beaches and South Africa's busiest port.  But not home to a new treaty to address climate change.  COP-17 gets underway on Monday and the delegates haven't even met yet; some might think we are being somewhat premature.  We think not.  There is an election here next year.  Europe is mired in a sovereign debt crisis.  China and India will not derail the...

Carbon Emissions | Climate Change | Regulation


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