High Court Refuses To Hear Case Over Rejected Offshore Drilling Permit

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on April 25 denied ATP Oil & Gas Corp.'s petition for certiorari seeking review of a Fifth Circuit U.S. Court of Appeals ruling affirming the August 2006 denial of an application that would have allowed the company to commence offshore...

Supreme Court Won't Hear Case Over Rejected Offshore Oil Drilling Permit

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on April 25 denied ATP Oil & Gas Corp.'s petition for certiorari seeking review of a Fifth Circuit U.S. Court of Appeals ruling affirming the August 2006 denial of an application that would have allowed the company to commence offshore...

LexisNexis Offers Insurance Resources in the Wake of Hurricane Irene

After Hurricane Irene, individuals and businesses will face property losses and interruption of business and will look to insurers for coverage of these multi-faceted losses. To remain up-to-date on the coverage issues raised by Hurricane Irene and similar natural events, we invite our Community...

Flooding from Irene: Whither the Flood Plain?

By J. Wylie Donald, Partner, McCarter & English My train this morning usually continues to New York. Today it terminated in Philadelphia, a victim of the deluge delivered by Hurricane Irene. Amtrak explained: Most Northeast Regional service will operate south of Philadelphia, but no Acela Express...

5th Circuit Panel Affirms Lack Of Jurisdiction In FEMA Trailer Formaldehyde Suits

NEW ORLEANS - (Mealey's) A unanimous Fifth Circuit U.S. Court of Appeals panel on Jan. 23 affirmed summary judgment for the United States against Alabama and Mississippi claimants in the multidistrict Federal Emergency Management Agency trailer formaldehyde products liability litigation for lack...

Parties File Joint Motion To Certify Settlement Class In FEMA Trailer Litigation

NEW ORLEANS - (Mealey's) The parties to the multidistrict Federal Emergency Management Agency formaldehyde trailer litigation consolidated in the U.S. District Court for the Eastern District of Louisiana filed a joint motion April 13 for certification of a settlement class and for preliminary approval...

State Net Capitol Journal Legislative Updates: Cost of Federal Disaster Relief on Ruinous Rise

SNCJ Spotlight Cost of federal disaster relief on ruinous rise Last October's Superstorm Sandy was the costliest natural disaster in the United States since Hurricane Katrina in 2005. But the $62 billion states in the storm's path reported in losses last year may be a harbinger of the future...

State Net Capitol Journal – July 22, 2013

Budget & Taxes STATES MAKING UNPRECEDENTED UNEMPLOYMENT INSURANCE CUTS: The dramatic cuts North Carolina made to its unemployment insurance program this month drew fierce protests in Raleigh and national headlines. But they were just the latest in a string of unprecedented reductions states have...

Delaware and Rhode Island Join Interstate Wildlife Violator Compact

ENVIRONMENT: DELAWARE Gov. Jack Markell (D) signs SB 117, legislation that makes the First State the 39th to join the "Interstate Wildlife Violator Compact," an agreement among member states to share information and access to records about individuals who have lost their hunting, fishing and...

Jenner & Block: Louisiana Flood Protection Board Sues Energy Companies For Damage To Wetlands

By Allison Torrence , Associate, Jenner & Block On July 24, 2013, the Board of Commissioners of the Southeast Louisiana Flood Protection Agency – East, sued approximately 100 oil and gas production and pipeline companies in state court. The lawsuit alleges that the defendants have been using...

2001-2010, A Decade of Climate Extremes

The world experienced unprecedented high-impact climate extremes during the 2001-2010 decade, which was the warmest since the start of modern measurements in 1850 and continued an extended period of pronounced global warming. More national temperature records were reported broken than in any previous...

Walking on Eggshell Skulls: Louisiana's Levees Take on the Oil and Gas Industry Over Coastal Land Degradation

Ground zero for climate change and rising sea levels in the United States is not a status to which any state aspires. Florida distastefully remembers 2005 when 4 hurricanes – Charley, Frances, Ivan, and Jeanne - roared ashore, all within six weeks. Delaware worries that 8-11% of the state will...

Flooded House

New Jersey Governor Signs Executive Order For Dune Construction And Other Flood Hazard Risk Reduction Measures

Taking aggressive and necessary action to build protective sand dunes, berms, engineered beaches and other flood hazard risk reduction measures to make New Jersey’s coastline and other flood-prone regions safer and more resilient to future storms, Governor Chris Christie has signed Executive Order...

On the Anniversary of Sandy, New Study Presents Lessons Learned from Existing Tools to Protect Coastal Communities

State and municipal governments have many legal tools at their disposal to relocate vulnerable communities away from risky coasts, according to a new study released by the Columbia Law School Center for Climate Change Law. Tuesday, October 29, marked the first anniversary of Superstorm Sandy and its...

Remembrance and Gratitude

We Remember This is a day for remembrance and gratitude. We, who live here in Canada, are among the luckiest people in the world, despite the follies and flaws of some of our leaders and governments. From my family’s experience, both in the Holocaust and now, I am acutely aware that peace...

Congress Struggles To Find Balance In Flood Insurance Reform

State Net Capitol Journal Spotlight: Troubled Waters When Lynne Kampel bought her small home on Long Island in 1990, its location across the road from Randall Bay's inlet waters, only blocks from the famed Nautical Mile, was a real selling point. So was its price tag, a steal at just $105,000...

Second Round of Sandy Relief Money Conditioned on Future Sea Level Rise Risk Analysis

Ethan I. Strell, Esq. Associate Director and Fellow Columbia Center for Climate Change Law The federal Department of Housing and Urban Development (HUD) has published a Federal Register Notice setting forth the requirements for the second round of relief funds appropriated by the Disaster Relief...

Florida's Move to Establish a Stronger Private Flood Insurance Market Provides an Opportunity for Insurers, Developers and Property Owners

The Biggert-Waters Flood Insurance Reform Act of 2012 In 2012, Congress passed a law to reform the National Flood Insurance Program (NFIP) to make the program self-supporting without federal subsidies. Specifically, the law called for local flood maps to be updated. Existing subsidies and discounts...

New Center for Climate Change Law Paper: Envisioning Resilient Electrical Infrastructure

by Sam Nierop, Visiting Scholar Only last month, a powerful storm left thousands without access to electricity across Europe.[1] Last year, Hurricane Sandy left more than 8 million people without power in the Northeastern United States.[2] As climate change amplifies the frequency and severity...

Severe Hurricanes and Tropical Storms: Survey of Five Southeast State Utility Commissions Finds Wide Variation in Hardening and Resiliency Requirements

A new paper by Katherine Carey looks at the different actions that state utility commissions in the Southeast have taken to ensure that their electric utilities are prepared for tomorrow’s storms. The Gulf Coast region in the Southeastern United States is at especially high risk of more severe...

State Net Capitol Journal – June 9, 2014; Florida Hurricane Bonds On Rise

Budget & Taxes FL HURRICANE BONDS ON RISE: Six years ago, Florida's government-run property insurer, Citizens Property Insurance Corp., paid Warren Buffett's Omaha, Nebraska-based Berkshire Hathaway Inc. $224 million in exchange for a guarantee that the company would buy bonds issued by...

Agencies Issue Statement on Increased Maximum Flood Insurance Coverage for Other Residential Buildings

The Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Farm Credit Administration, the National Credit Union Administration, and the Federal Deposit Insurance Corporation (collectively, the Agencies), recently issued an announcement regarding the implementation...

Carbon Disclosure Project Report Provides Real Examples that Illustrate the Expensive Impact of Climate Change on Major Corporations

By Alexander Bandza, Associate, Jenner & Block The Carbon Disclosure Project (CDP) has released a report that updates its survey on how S&P 500 companies assess physical risks from climate change. Reported risks affect companies in all economic sectors and include damage to facilities,...

U.S. Department of Housing and Urban Development Awards Millions in Federal Funding to Hurricane Sandy Rebuilding Efforts in New York and New Jersey

Secretary of the US Department of Housing and Development (HUD) Shaun Donovan has announced the Rebuild by Design Competition’s six winners. Created by President Obama’s Hurricane Sandy Rebuilding Task Force in 2013, ‘Rebuild by Design’ awards HUD funding to infrastructure projects...