McCarter & English: Climate Change & Renewable Energy

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The Keystone XL Pipeline Veto: Much Ado ...

When one talks of pipelines in recent days one hears nearly an incessant buzz about Keystone XL, as if that is where the real action is. But it isn't, notwithstanding the histrionics over President Obama's veto of S.1, the…more
| Elections & Politics, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

The Clean Power Plan: A View from FERC, Part II - Infrastructure

Because I had a seat inside the meeting room at FERC's Clean Power Plan Overview last Thursday, I got a close-up view of the protesters. Most were older (as opposed to the college-student variety), they carried signs, wore…more
| Commercial Law & Contracts, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

The Clean Power Plan: A View from FERC

It is innocuous enough: Conference on Environmental Regulations; but the plainness of title belies what is going on at the Federal Energy Regulatory Commission today. Today is the first public forum at FERC on EPA's Clean Power…more
| Commercial Law & Contracts, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

Rising Sea Levels and Prohibited "Takings" - A Different Sort of Climate Change Litigation

A little noted anniversary passed this past week. The odd 2009 storm, Nor’Ida (the progeny of a nor’easter and a hurricane), swept along the east coast pounding some areas with record storm surge five years ago in the second…more
| Environmental Law, Zoning, Planning & Land Use, Real Estate - Residential

EPA Comments Suggest Emphasis on Creativity and Internalizing Externalities in Climate Strategy

The American Bar Association's Section of Energy, Environment and Resources held its Fall Conference last week. Noteworthy from a climate perspective were the keynote address by Environmental Protection Agency Administrator…more
| Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

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 some…more
| Civil Remedies, Environmental Law, Wills, Trusts, & Estate Planning

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
| Energy & Utilities, Environmental Law, Zoning, Planning & Land Use, Government Contracting

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
| Commercial Law & Contracts, Insurance, Science, Computers, & Technology

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
| Environmental Law, Zoning, Planning & Land Use

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
| Civil Procedure, Commercial Law & Contracts, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

Is RGGI in New Jersey's and Pennsylvania’s Future?

With the release of EPA’s proposed regulation of CO2 from existing sources on June 2, there has been a lot of speculation that states will look to cap-and-trade schemes as a means of complying with EPA’s mandate that the states…more
| Elections & Politics, Energy & Utilities, Environmental Law

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 in…more
| Energy & Utilities, Personal Injury, Insurance

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
| Commercial Law & Contracts, Energy & Utilities, Environmental Law, Insurance, International Law & Trade

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
| Bankruptcy, Commercial Law & Contracts, Energy & Utilities

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
| Elections & Politics, Energy & Utilities
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