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Flooded House

Your Uninsurable Home? What is Climate Change’s Wild Weather Doing to Insurance?

Across Canada, this year has brought severe storms, floods, wildfires and other catastrophic weather. As people in Calgary, Toronto and other hard hit areas try to rebuild their lives, most of them expect that someone should help them pay for the damage. Oil-rich Alberta has promised $1 billion to support...

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...

In Issuing Executive Order No. 41, Governor Markell Rejects Any Need to Choose Between Mitigating Climate Change and Supporting Economic Growth

by Mike Kelly & Jameson Tweedie Last month, Delaware Governor Jack Markell issued Executive Order No. 41 , “Preparing Delaware for Emerging Climate Impacts and Seizing Economic Opportunities from Reducing Emissions.” In many climate change discussions there exists an implied...

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...

Rating State Hazard Mitigation Plans

The Columbia Center for Climate Change Law has released a report (and accompanying Excel database ) surveying and ranking all 50 State Hazard Mitigation Plans. The Survey considers to what extent and in what manner climate change related issues are incorporated into existing plans. In accordance with...

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...

Farmers Insurance Withdraws Class Action Alleging Failure to Adapt to Climate Change

On June 3, 2013, a group of lawsuits that generated significant interest among environmental lawyers were abruptly withdrawn .[1] The cases notably alleged a novel theory of liability and duty of care regarding climate change projections. In Illinois Farmers Insurance Co. v. Metro Water Reclamation District...

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...

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

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 , [lexis.com subscribers may access Supreme Court briefs and the opinion for this case]. But other things have stirred the pot as well:...

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

"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...

New Jersey Announces First Post-Superstorm Sandy Blue Acres Buyouts of Flood-Threatened Homes

The first closing on the buyouts of flood-threatened homes in Woodbridge, where the Superstorm Sandy Blue Acres Program has approved nearly 200 homes for purchase, was announced yesterday by New Jersey Department of Environmental Protection (DEP) Commissioner Bob Martin. In total, 306 families in...

Governor Cuomo’s Signature Needed to Pass New York Climate Adaptation Bill

Both houses of the New York State legislature have passed the Community Risk Reduction and Resiliency Act, [ enhanced version available to lexis.com subscribers ], but Governor Cuomo has yet to sign the bill into law. The purpose of the bill is to amend certain New York legislation to reflect greater...

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

By J. Wylie Donald A recent article in 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...

In Sandy’s Wake, BIG U Promises Lower Manhattan Upped Coastal Protection

In 2013, President Obama’s Hurricane Sandy Rebuilding Task Force devised the Rebuild by Design Competition . Applicants were to design a “fundable and implementable” infrastructure project to mitigate the dangers of rising sea levels and increasingly frequent extreme weather events...

Residential Homeowner Can Recover Costs of Repairs Even If Greater Than Fair Market Value of House

Until recently, owners of damaged homes in West Virginia had some limits on the amount of damages they could recover in a lawsuit. Now, the West Virginia Supreme Court of Appeals has significantly revised prior case law and expanded available damages in Brooks et al v. City of Huntington (No. 13-1083...

FERC Directs LNG Facility Applicant To Disclose Climate Change Impacts, As Urged By Sabin Center

Jennifer M. Klein, Esq. Associate Director & Fellow, Sabin Center for Climate Change Law The Federal Energy Regulatory Commission (“FERC”) recently directed a company seeking to build a natural gas facility to submit information regarding potential climate change impacts on the...

Threat Of Sea Level Rise In Southeast Florida Calls For Immediate Adaptive Action, Task Force Urges County

By Jennifer M. Klein, Esq. Associate Director & Fellow, Sabin Center for Climate Change Law Sea level rise is an “inevitable consequence” of global warming and requires innovative capital planning, according to a new Report by the Miami-Dade Sea Level Rise Task Force. The Task Force...

Coastal Flooding and Resiliency: New Challenges and Opportunities for the Commercial Real Estate and Finance Industry

By Henry R. "Speaker" Pollard, V , Partner, Williams Mullen Virginia, North Carolina and other mid-Atlantic coastal communities are no strangers to severe weather and related storm surges and flooding. However, many of these communities are experiencing storm surges and tidal and routine...

Government Officials’ Liability After Extreme Weather Events: Recent Developments in Domestic and International Case Law

Jessica Anne Wentz Associate Director and Postdoctoral Fellow Sabin Center for Climate Change Law In the early morning of February 28, 2010, storm Xynthia hit the French Atlantic coast, overwhelming coastal defenses and flooding over 50,000 hectares of land. The storm caused over one billion euros...

Floods in Texas, Flood Mapping, Flood Dollars

By J. Wylie Donald Floods on the Rio Blanco recently demonstrate the link to climate change, but not in the way you think. It was a horrible Memorial Day weekend in Hays County, Texas. At least three people died from the worst flooding seen since 1922. The Rio Blanco crested at 43 feet, 30 feet...

Houston Flooding and Lawyers - A Climate Change Informed View

By J. Wylie Donald "After a natural disaster, such as a hurricane, litigation often follows to determine who will pay for the consequences." Mariner Energy, Inc. v. Devon Energy Prod. Co ., 690 F. Supp. 2d 558 (S.D. Tex. 2010) (considering contractual responsibility for property damage...

State Net Capitol Journal – September 21, 2015; Legislators Press for Federal Firefighting Funding Change

Budget & Taxes Legislators Press for Federal Firefighting Funding Change Last month the National Conference of State Legislatures unanimously passed a resolution authorizing the organization to lobby Congress to provide funding for catastrophic fires the same way it does for hurricanes or floods...