McCarter & English: Climate Change & Renewable Energy

April Fool's Day Sees National Flood Insurance Rates Rise

So what day would you pick to have your flood insurance premium double? April Fool's Day? You got it. Well, that's a little hyperbolic. Rates aren't doubling instantaneously tomorrow. Instead they are rising between 10%…more
| Commercial Law & Contracts, Environmental Law, Insurance, Real Estate - Commercial, Real Estate - Residential

Florida’s Solar Conundrum

Despite ranking third in the nation for rooftop solar potential, the "Sunshine State" is 13th in cumulative solar capacity installed (dreary New Jersey is 3rd). This is the result of a state without a renewable energy portfolio…more
| Elections & Politics, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

The Clean Power Plan: A View from FERC, Part IV - Economic v. Environmental Dispatch, Please

It’s been a long winter in my neck of the woods and not because Punxsutawney Phil saw his shadow. Pipes froze. Twice. Furnace was out overnight. Broke three shovels. So I had a particular interest this past Wednesday, March…more
| Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

A View from the FERC - Part III - Time to Keep the Lights On

Last week, FERC held the eastern regional technical conference on “Environmental Regulations and Electric Reliability, Wholesale Electricity Markets, and Energy Infrastructure.” The purpose was for the commissioners to hear the…more
| Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

Community Solar - A New Path in Illinois

This week, the Chicago Tribune reports that the Citizens Utility Board (CUB) and the Environmental Defense Fund (EDF) filed a petition with the Illinois Commerce Commission (ICC) to require Commonwealth Edison Company (ComEd) to…more
| Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

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
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