J. Wylie Donald

J. Wylie Donald

McCarter & English, LLP

Contact  |  View Bio  |  RSS

Latest Publications

Share:

Cyber Risks Facing Businesses Today  [Video]

Wylie Donald, a partner in the Insurance Coverage group at McCarter & English, counsels and litigates on insurance coverage and environmental matters. In this video, Wylie discusses the need to be proactive when it comes to...more

11/10/2014 - Cyber Attacks Cyber Insurance Cybersecurity Electricity Utilities Sector

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

As this blog has discussed on several prior occasions, Our Children’s Trust, an Oregon public interest group, has coordinated lawsuits in numerous states seeking to apply the public trust doctrine to the atmosphere. While...more

9/29/2014 - Carbon Emissions Environmental Liability Environmental Policies Greenhouse Gas Emissions Public Trust Doctrine

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

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...more

8/26/2014 - BOEM Energy Energy Policy Offshore Wind Wind Power

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

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...more

8/22/2014 - Computer-System Design/Software Services Insurers Popular Reinsurance

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...more

7/31/2014 - NOAA Rising Sea Levels Sea Levels Water

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. But other things have stirred the pot as well: three...more

7/9/2014 - Carbon Emissions Clean Power Plan Climate Change Environmental Policies EPA Greenhouse Gas Emissions Popular Power Plants SCOTUS Utilities Sector Utility Air Regulatory Group v EPA

Negligent Operation Of A Storm Sewer: A New Theory Of Climate Change Liability

We have written many times about the flawed design of the nation's flood maps in an era of climate change. And spoken about the potential for claims against professionals for failure to consider the effects of climate change...more

5/2/2014 - Climate Change FEMA Flood Maps Negligence Professional Liability State and Local Government Storm Sewers Storm Water Takings

A Slow-Burning Fuse: Climate Change From The Risk Management Trenches

This morning was the only professional session on climate change at the 2014 annual conference of RIMS, the Risk and Insurance Management Society, the preeminent risk management trade group in the country. ...more

5/1/2014 - Climate Change RIMS Risk Management

Executory Forward SREC Contracts - What Exactly Does This Mean?

What happens to the payment for a solar renewable energy credit (SREC) when the payor closes its doors? Maryland citizens are finding out the hard way. The promises made to some of them are turning up empty....more

3/4/2014 - Energy Tax Incentives Solar Energy SREC Tax Credits

Report On Carbon Capture And Storage From The House

Would an 80% premium steer you away from an energy source that was low-carbon, naturally abundant in the United States, not subject to the vicissitudes of weather, incapable of nuclear meltdown and accompanied by a...more

2/21/2014 - Carbon Capture and Sequestration Carbon Emissions Environmental Policies Greenhouse Gas Emissions

Contrary Legal Winds At Cape Wind - Opponents Of Offshore Wind Sue Asserting Preemption

Would you care to hazard a guess at how long it takes to bring online an offshore wind farm in the United States? At the moment, it is 12+ years and counting. A recent court filing arguing constitutional questions is...more

2/10/2014 - Environmental Claims Preemption Wind Power

Dust In The Wind – A "Silent Epidemic" Rises In The Southwest

Statisticians call it a correlation when two sets of data are strongly linked. Last Friday, the governor of California declared a state of emergency arising from the persistent drought that resulted in 2013 being the driest...more

1/21/2014 - CDC Climate Change Cruel & Unusual Punishment Eighth Amendment Emergency Response Prison

Wind Project "Take" Permits Extended To 30 Years - Eagles Nonplussed

Tomorrow bald and golden eagles will sleep less soundly. On January 8 the Fish and Wildlife Service’s new rule revising the regulations for permits for the taking of golden eagles and bald eagles goes into effect. ...more

1/8/2014 - Bald and Golden Eagle Protection Act Fish and Wildlife Service Incidental Take Permits Public Projects Wind Power

The Top 6 At 12: Highlights Of The Top Climate Change Legal Stories In The Second Half Of 2013

2013 has drawn to a close; here is our take on the top six climate change legal stories in the last six months. 1. Climate Change Assessments - Blockbuster legislation may have been evaded once more but that has not...more

1/2/2014 - Carbon Emissions Climate Change Environmental Policies Fuel Standards Greenhouse Gas Emissions

EPA Excludes Carbon Dioxide Waste Streams From RCRA - A (Very Small) Step Forward For CCS

The Congress may be dysfunctional but the administrative agencies are still moving the ball. A case in point is last week’s Christmas present from EPA to the carbon capture and storage community. ...more

12/27/2013 - Carbon Capture and Sequestration Carbon Emissions Environmental Policies EPA Greenhouse Gas Emissions RCRA

Despite Bell, State Law CO2 Liability Claims Are Doomed

“Therefore, the court declines to assert supplemental jurisdiction over the remaining state law claims which are dismissed without prejudice to their presentation in a state court action.” So ends the last analytical...more

11/11/2013 - Carbon Emissions Environmental Claims Oil & Gas

Battles Over Stormwater: Maryland Counties Fight The 'Rain Tax'

It's not secession like Colorado but three Maryland counties are staging their own Fort Sumter. This past Tuesday the Carroll County Council received a notice from the State that the County did not appear to be meeting its...more

11/8/2013 - Environmental Policies Industrial Stormwater Rule Water

Whatever Happened To State Law Carbon Dioxide Liability Claims? Still No Music After Bell

“Therefore, the Court declines to assert supplemental jurisdiction over the remaining state law claims which are dismissed without prejudice to their presentation in a state court action.” So ends the last analytical...more

10/28/2013 - Carbon Emissions Clean Air Act Environmental Claims Environmental Policies Preemption

How Is The Government Shutdown The Same As Climate Change? How Is It Different?

If you read this blog for tips on how to advance your practice, or protect your employer from surprises, or keep your job (which may be the same thing), stop reading. Today is for introspection and evaluation....more

10/7/2013 - Climate Change Government Shutdown

First Circuit Rules Constitution's Appropriations Clause Quashes Flood Policy Claim Lacking Proof-Of-Loss

You know it is not going well when the court cites the Constitution at you in a breach of contract case. But so it went in DeCosta v. Allstate Insurance Co., where the First Circuit last Friday reversed the trial court and...more

9/26/2013 - Flood Insurance Flooding National Flood Insurance Program Proof of Loss Property Damage

Louisiana is Walking on Eggshell Skulls

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 four hurricanes — Charley, Frances, Ivan and Jeanne — roared...more

9/24/2013 - Climate Change Coastal Real Estate Erosion Oil & Gas

Extreme Weather Patterns In Fiction: A Riverine Book Review

One of the guidelines for this blog is to stay away from extreme views. The effects of climate change do not need to be amplified to merit reasoned discussion and thoughtful application of what we as lawyers do. So what were...more

9/4/2013 - Books Climate Change

New Mexico Court Refuses To Take Steps To Apply Public Trust Doctrine To The Atmosphere

Two years ago, we observed a potentially startling development in climate change litigation: “On Monday, May 4, [2011] in state courts across the nation lawyers representing children and young adults filed (and apparently...more

8/23/2013 - Carbon Emissions Climate Change Environmental Policies Greenhouse Gas Emissions Trusts

Fourth Circuit Rejects Manipulation Of Judicial Process As Ocean Manhandles Homes

Can a community condemn shorefront cottages where the beach has eroded at 8 feet per year and the cottages interfere with emergency responders traveling along the beach? ...more

8/20/2013 - Condemnation Due Process Emergency Response Erosion Fourteenth Amendment Waterfront Properties

Harvey Cedars v. Karan: Condemnation At The Shore And The Evolution Of The Common Law

If you were a municipality that had to take action and condemn private property for the public good to avert disaster, before you got to court you would be particularly pleased to be able to say, "See, I told you so,"...more

7/31/2013 - Condemnation Municipalities Public Projects Takings US Army Corps of Engineers

48 Results
|
View per page
Page: of 2