J. Wylie Donald

J. Wylie Donald

McCarter & English, LLP

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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

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

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

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

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

'Deferral Rule' Is Derailed - Biogenic Greenhouse Gas Emitters Stand By To Be Regulated

The greenhouse gas rule you’ve never heard of, the Deferral Rule, was shot down (barely) by the D.C. Circuit last week. See Center for Biological Diversity v. Environmental Protection Agency, No. 11-1101 (D.C. Cir., July 12,...more

7/22/2013 - Biomass Carbon Emissions Climate Change Energy & Climate Debates EPA Greenhouse Gas Emissions New Regulations

Top 6 At 6: Highlights Of The Top Climate Change Stories In The First Half Of 2013

Another six months have passed and it is time for our semi-annual look at climate change and its intersection with the law. ...more

7/1/2013 - Barack Obama Climate Change Greenhouse Gas Emissions Natural Gas Renewable Energy

Maryland Reassesses Local Sea Level Rise: More Of Us Are Going To Get Wet

We have looked at Delaware's perspective on rising sea levels several times in recent months. Now it is Maryland's turn....more

6/27/2013 - Climate Change Sea Levels

Fracking Zoning Case Seeks Review By New York's Highest Court

Columbia Law School convened a panel on hydraulic fracturing ("fracking") yesterday. One of the subtopics was its effect on climate change mitigation....more

6/10/2013 - Climate Change Fracking Natural Gas

Delaware’s Most Vulnerable County Abstains From Vote On Sea Level Rise Mitigation Options

In our continuing our discussion of the Delaware Sea Level Rise Advisory Committee ("DSLRAC"), the efforts of the DSLRAC took an ironic - but perhaps predictable - turn when the delegate for the Delaware county likely to be...more

6/3/2013 - Climate Change Infrastructure Public Meetings Rising Sea Levels

Fifth Circuit Knocks Out Climate Change Liability Lawsuit Again

Res judicata is one of those phrases learned in law school that seemed of limited utility. How often is someone going to bring the same claim twice?...more

5/16/2013 - Climate Change Liability Res Judicata

Climate Change Legal Work: Changing The Paradigm Does Not Come Easily

I learned the other day that for $3995 I can download nearly a 1000 page report on the climate change industry. The Ah Hah moment was at hand. The President’s promise at his inauguration and then again at the State of the...more

5/9/2013 - Business Development Climate Change

Climate Change Legal Theories: The Atmospheric Public Trust Doctrine Moves Another Step Forward

One of the shibboleths of those following climate change litigation is the idea that new legal theories will be surfaced, fired in the furnace of litigation and then forged as the vehicle for addressing climate change in the...more

4/30/2013 - Climate Change Greenhouse Gas Emissions Public Trust Doctrine

Who Says Catastrophe Bond Payouts Are Not Correlated With The Stock Market?

Here is some food for thought: Catastrophe bond payouts are correlated with climate change. Climate change is correlated with stock market returns. Therefore catastrophe bond payouts are correlated with the stock market. ...more

3/28/2013 - Catastrophe Bonds Climate Change Investors Stocks

Native Village Of Kivalina Files Its Petition For Certiorari - A Five-Year Climate Change Litigation Marathon That Has Yet To...

One day short of five years since the case was originally filed, on February 25, 2013 the plaintiffs in Native Village of Kivalina v. ExxonMobil Corp. attempt once more to get out of the starting blocks, this time with a...more

3/18/2013 - Certiorari Clean Air Act Climate Change Damages Greenhouse Gas Emissions Native Village of Kivalina v ExxonMobil Corp. SCOTUS

Act II At The Obama EPA: Gina Mccarthy (Is Predicted) To Take The Helm

The President gave an indication of his environmental focus in his inaugural address, and then again in his state of the union speech. The focus would be on climate change. ...more

3/1/2013 - Administrative Appointments Cap-and-Trade Climate Change Energy Policy Greenhouse Gas Emissions Obama Administration Renewable Energy

In Response To Sea Level Rising At Double The Global Rate, Delaware Debates Whether To Accommodate, Avoid, Protect Or Retreat

On February 19, 2013, the Delaware Sea Level Rise Advisory Committee ("DSLRAC") held the second of three "public engagement sessions" to solicit public comment on a list of 61 "Options for Preparing Delaware for Sea Level...more

2/21/2013 - Adaptation Strategies Climate Change DSLRAC Infrastructure National Climate Assessments Natural Resources Sea Levels Vulnerability Assessments

Call For Comments On The Third National Climate Assessment

The draft “National Assessment of Supply Chain and Other Developing Risks” was issued just last month. It outlined increasing threats to infrastructure, food and water supplies, air quality, national security, public health...more

2/4/2013 - Air Quality Standards Climate Assessment Report Climate Change Flooding Hurricane Irene Hurricane Sandy Infrastructure Ports Sea Levels Storm Water

On Inaugurations And Liberal Catechisms: Climate Change Makes It Back On The National Agenda

Who knew that civil rights started with an "S" as in Seneca Falls, Selma and Stonewall? In case you missed it Monday, President Obama laid out an ambitious agenda as he began his second term and delivered his second inaugural...more

1/24/2013 - Barack Obama Climate Change

Top 6 At 12: Highlights Of The Top Climate Change Stories In The Second Half Of 2012

2012 has drawn to a close. We chronicle here six of the most significant stories on the climate change front in the last six months. For those looking for hope that government is taking action to rein in greenhouse gas...more

1/2/2013 - Climate Change Flood Insurance Hurricane Sandy National Environmental Policies Nuisance

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