News & Analysis as of

Flooding

James Dalton, Director of Civil Works at USACE, Offers Valuable Perspectives at Annual NAFSMA Conference

by Downey Brand LLP on

One of the best ways to learn about the direction of national flood risk management is to attend the annual conference of the National Association of Flood and Stormwater Management Agencies (NAFSMA). The NAFSMA conference is...more

New Guidance from USACE Could Streamline Processes

by Downey Brand LLP on

A June 21, 2017 Memorandum issued by James Dalton, the U.S. Army Corps of Engineers Director of Civil Works, is designed to streamline a number of USACE processes, including...more

Crisis Management – Are You Prepared?

by Fisher Phillips on

Newspaper headlines, television airwaves, and social media links are filled with companies dealing with crises on a near-daily basis. Just as Samsung learned in 2016 when its phones were catching on fire, and as United...more

The FY2017 Budget Continues to Support Army Corps Activities

by Downey Brand LLP on

On Friday May 5 President Trump signed the budget deal that allows the Federal government to move from its one week continuing resolution to an adopted budget for the 2017 Fiscal Year....more

When is a Flood a “Flood”: East Coast Edition

by Robins Kaplan LLP on

Last month, heavy rainstorms in California brought to the forefront the issue of what is a “flood” under California law, particularly in regard to rain and surface water. We noted a California court held “flood” in its plain...more

LIDAR Data to the Rescue

by Cozen O'Connor on

Often in litigation, especially in flood claims, determining the vertical elevation of a land or water based structure or object is important. In a recent flood case, the elevation of the top of an earthen embankment and...more

School Districts not Exempt from Paying Assessments to Fund Flood Control Services - California Appellate Court Finds...

by Best Best & Krieger LLP on

An assessment to fund flood control and drainage services imposed by a county reclamation district on a school district was upheld Friday by a California appellate court. The court found that the trial court erred in...more

A potpourri of Northern California news, including the latest on Lake Oroville

by Downey Brand LLP on

Good day! Today we feature a series of little squibs of what has been happening in the past two weeks. All of the information below is confirmed, and all of it is notated with additional context. But we did want to share with...more

New Jersey Appellate Division Applies Anti-Concurrent Causation Clause to Bar Combined Flood/Sewer Backup Claim

Frequent readers of the blog will appreciate that disputes involving the application of anti-concurrent causation language in the context of claims for flood or water damage have appeared with some frequency in recent years....more

California’s Storms Are Not California Dreaming

- It is essential to keep track of deadlines mandated under policies. - Keep in mind that several types of insurance—not just property insurance—may cover flood and storm-related losses (such as property damage, loss of...more

A Scary Dam Cat

by Zelle LLP on

The February 12, 2017 emergency evacuation of nearly 200,000 California residents living in and around the town of Oroville, downstream from the Oroville Dam, was a stunning reminder of the ironic danger created by major...more

California Environmental Law & Policy Update - February 2017 #4

by Allen Matkins on

Environmental and Policy Focus - Governor Brown wants to spend nearly $450 million on flood control following dam emergency - Sacramento Bee - Feb 24 - After successfully appealing to the Trump...more

The Governor Writes a Letter, and Roundup on Flooding Issues Around the State

by Downey Brand LLP on

Here’s our Saturday morning update on flood control issues in the Central Valley and beyond. Things have been quieter this week at Oroville Dam, but there’s plenty to report on from around the state....more

When it Rains it Floods: California Rainstorms and Flood Insurance

by Robins Kaplan LLP on

Until very recently, the scarcity of water and the decline in oil prices in California prompted the joke that oil was being used as fracking fluid to get water out of the ground. In the last week, however, so much rain has...more

California Environmental Law & Policy Update - February 2017 #3

by Allen Matkins on

Environmental and Policy Focus - Scott Pruitt confirmed to lead EPA - Los Angeles Times - Feb 17 - President Donald Trump’s nominee to run the Environmental Protection Agency (EPA), a climate-change...more

Q&A With Chris Thrutchley: Tornado Drills Can Minimize Employers’ Liability Risks

by GableGotwals on

Q: Does a business need severe weather policies and procedures? A: Recently, a Houston meteorologist warned during a broadcast that he would “expose” employers who fired workers for not showing up due to deadly flooded...more

A Flood . . . in the Basement

by Farrell Fritz, P.C. on

Having examined countless witnesses in probate and other contested Surrogate’s Court proceedings, many of us have grown accustomed to learning that critical documents were destroyed by a “flood.” That flood, almost...more

Gavel to Gavel: Shifting water courses may affect property rights

by GableGotwals on

As anyone who has spent significant time near a western Oklahoma river is likely aware, our water courses tend to be shallow, with beds composed of loose, sandy soil. These characteristics make western Oklahoma rivers...more

When It Rains, It Pours. When It Pours, It Floods. Is there Insurance Coverage for Your Resulting Losses?

The 2016 Atlantic hurricane season, which is coming to a close, has been quite active (translation: destructive and costly). So far, there have been fourteen named storms this season. Six of them were hurricanes, three of...more

The Financial Report, Volume 5, Number 20 - October 2016

by DLA Piper on

With the general election now less than two weeks away, it is more apparent than ever that Americans often are sharply divided about how best to achieve certain goals, even if we agree on the goals we are trying to achieve....more

Washington, D.C. Update – October 2016

by Baker Donelson on

In a rush to leave Washington and head home to campaign for reelection, members of Congress passed a continuing resolution (CR) avoiding a shutdown and extending federal government operations through December 9. In an effort...more

California Environmental Law & Policy Update - October 2016 #3

by Allen Matkins on

Environmental and Policy Focus - Federal report recommends gas-storage safety changes - OC Register - Oct 18 - A task force commissioned by the federal Pipeline and Hazardous Materials Safety...more

Congress Agrees to Spend $500 Million on Disaster Recovery Efforts

by Baker Donelson on

As part of the agreement over the CR, Congress agreed to spend $500 million to help Louisiana and other states recover from recent flooding. At least $400 million is expected to go to Louisiana, where August flooding killed...more

State-law Based Claims Against Parties Other than the United States Seeking Damages Arising Out of the Procurement of Flood...

by Carlton Fields on

Harris v. Nationwide Mutual Fire Insurance Company, __ F.3d __, 2016 WL 4174381 (6th Cir. Aug. 8, 2016) - Case at a Glance - Plaintiffs purchased a home located in a federal flood zone, but they did not purchase...more

Hurricane Matthew insurance tips for businesses

With Hurricane Matthew downgraded to a tropical cyclone, it is time for affected businesses, property owners, and insurers to focus on quantifying the amount of damage caused by the storm. By some estimates, Hurricane...more

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