McCarter & English LLP on Insurance Coverage for Greenwashing Claims: It Depends on the Packaging

By J. Wylie Donald and Stephanie Platzman-Diamant, Attorneys, McCarter & English LLP J. Wylie Donald and Stephanie Platzman-Diamant wrote a recent commentary discussing “greenwashing” . They wrote that p urveyors of goods and services seek to cash in on the wave of environmental consciousness...

Looking Forward and Looking Back - Some Climate Change Response Perspectives and Predictions

By J. Wylie Donald, Partner, English & McCarter Another year done, another time to look back and to look forward. In the climate change space, the increasing tempo of regulation was halted, but that does not mean that there were not significant events. We catalog a few with accompanying predictions...

Looking Back to 2010 and Forward to 2011 and Beyond - Perspectives and Predictions on Climate Change

By J. Wylie Donald, Partner, English & McCarter Another year done, another time to look back and to look forward. In the climate change space, the increasing tempo of regulation was halted, but that does not mean that there were not significant events. We catalog a few with accompanying predictions...

Predicting Sea Level Rise - The Arctic Council Raises the Ante

By J. Wylie Donald, Partner, McCarter & English Last month 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...

Coal Exports to China and Rising Temperatures

By J. Wylie Donald, Partner, McCarter & English Front page news in Baltimore early in June were two stories. The first notes record temperatures in Maryland in the first full week of June, 2011. The second was a lead article on June 12 on the record year the Port of Baltimore is having moving...

The Debt Ceiling Furor Will Change the Climate of Climate Change Responses

By J. Wylie Donald, Partner, McCarter & English We hope you don't come to this blog for stock tips but it doesn't take John Bogle to know that the debt ceiling impasse and the budget furor do not bode well for renewable energy stocks. Citing the debt crises and oversupply, here is how...

National Weather Service 30-Year Averages Confirm the Climate is Getting Hotter in the U.S.

By J. Wylie Donald , Partner, McCarter & English Half a degree doesn't sound like much. And it isn't, if you are talking about a baccalaureate. But in a world of climate change, a half a degree increase in Baltimore's average temperature combined with average temperature increases in...

Gifford v. USGBC - Dismissed (But Not on the Merits)

By J. Wylie Donald, Partner, McCarter & English One of the more infuriating things about lawyers is that often, if they do their job right, their client wins and no one else benefits from it. This is what happened on August 15 before Judge Sand in the Southern District of New York in the closely...

Damascus Citizens for Sustainability Attack Marcellus Shale Gas

By J. Wylie Donald , Partner, English & McCarter No, this is not jihad or the last gasp of a d esperate despot. Instead, it is a citizens group taking on the government and seeking to compel the completion of environmental impact statements (EISs) prior to the promulgation of regulations for the...

Ceres and a Series of Serious Thoughts about the NAIC Climate Disclosures - Part I

By J. Wylie Donald, Partner, McCarter & English Ceres released last month the first analysis of the insurer climate change disclosures submitted to state regulators pursuant to the National Association of Insurance Commissioners rule. The report is eye-opening. The authors have combed through...

Ceres and a Series of Serious Thoughts About the NAIC Climate Disclosures - Part II

By J. Wylie Donald, Partner, McCarter & English We wrote yesterday to introduce Ceres' report on the disclosure of climate risks by insurers and considered its first Recommendation to Regulators concerning mandatory and public disclosures. We address today the second recommendation in Climate...

Ceres and a Series of Serious Thoughts About the NAIC Climate Disclosures - Part III

By J. Wylie Donald, Partner, McCarter & English This is the last of three parts concerning Ceres' recently released Climate Risk Disclosures by Insurers: Evaluating Insurer Responses to the NAIC Climate Disclosure Survey . We already have looked at the first two Recommendations to Regulators...

Ceres and a Series of Serious Thoughts About the NAIC Climate Disclosures - A Three Part Series

Ceres released last month the first analysis of the insurer climate change disclosures submitted to state regulators pursuant to the National Association of Insurance Commissioners rule. The report is eye-opening. The authors have combed through the disclosures of 88 insurance companies and offer thoughtful...

Plugging in Electric Vehicles May Raise IQs

By J. Wylie Donald, Partner, McCarter & English It's not Gone with the Wind or Harry Potter, but an article just published in the public health journal, Health Affairs , is worth picking up, if only to start you thinking. In Six Climate Change-Related Events In The United States Accounted...

McCarter & English on Conflicting Interpretations of “Occurrence”: Lessons From the First Climate Change Liability Insurance Case, AES Corporation v. Steadfast Insurance Company

By J. Wylie Donald, David C. Kane, and Lauren E. Ciancia, McCarter & English, LLP The recent decision in AES Corp. v. Steadfast Insurance Co., in which the Supreme Court of Virginia found no "occurrence" in an underlying suit that alleged property damage resulted from the policyholder's...

Even if You Can't Insure the End of Days, You Can Insure Some of the Effects of Climate Change

By J. Wylie Donald, Partner, McCarter & English December 22 was to be the day the world ended. But it didn't . The spin put by some on the Mayan calendar didn't pan out and the world continued. Here in Baltimore we didn't buy into the predictions, but just in case, we went looking...

Insuring the Effects from Climate Change

By J. Wylie Donald, Partner, McCarter & English December 22 was to be the day the world ended. But it didn't . The spin put by some on the Mayan calendar didn't pan out and the world continued. Here in Baltimore we didn't buy into the predictions, but just in case, we went looking...

Wind Projects: Bald Eagles Don't Surf

By J. Wylie Donald, Partner, McCarter & English 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 the Wall Street Journal...