McCarter & English: Climate Change & Renewable Energy

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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

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 certain…more
| Civil Remedies, Constitutional Law, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

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
| Constitutional Law, Energy & Utilities

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

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
| Constitutional Law, Energy & Utilities, Environmental Law, Personal Injury

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
| Energy & Utilities, Environmental Law

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
| Energy & Utilities, Environmental Law, Taxation

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 paragraph…more
| Civil Procedure, Conflict of Laws, Energy & Utilities, Environmental Law, Personal Injury

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
| Elections & Politics
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