J. Wylie Donald

J. Wylie Donald

McCarter & English, LLP

Contact  |  View Bio  |  RSS

Latest Publications

Share:

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

'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

40 Results
|
View per page
Page: of 2