In May of 2011, the U.S. Army Corps of Engineers breached a levy along the Mississippi River as part of a plan to reduce flooding near Cairo, Illinois. The result was a flood that temporarily blanketed the plaintiffs’...more
In late April 2013, parts of the Mississippi River flooded from an unexpected spate of rainfall that sent the water’s peak, just North of St. Louis, to eleven feet above flood stage. The extreme conditions reportedly caused...more
Arkansas Game and Fish Commission v. United States is before the Federal Circuit again after the U.S. Supreme Court reversed the Federal Circuit’s prior holding that government-induced flooding must be permanent for a taking...more
On March 29, the Federal Reserve Board, the FDIC, the OCC, the NCUA, and the Farm Credit Administration issued an interagency statement to clarify the effective dates for changes to the Flood Disaster Protection Act enacted...more
On April 3, 2013, the California Department of Water Resources (DWR) and the U.S. Army Corps of Engineers released the public draft of California's Flood Future: Recommendations for Managing the State's Flood Risk. The draft...more
The federal banking agencies, together with the Farm Credit Administration, have issued joint guidance on amendments to the Flood Disaster Protection Act of 1973 (FDPA). The amendments were part of the Biggert-Waters Flood...more
To the dismay of most New York business owners who suffered property damage from Superstorm Sandy, insurers are taking the position that only flood losses occurred and businesses that did not pay an additional premium for...more
One of the four main processing centers for immigration benefits applications has temporarily closed because of flooding from plumbing problems, USCIS announced today, March 26. Deliveries by UPS and Fed Ex during the...more
Superstorm Sandy devastated the East Coast last October, causing more than $70 billion in damage to New York, New Jersey and Connecticut. Thousands of businesses suffered extensive property damage to their buildings, contents...more
The impact of Superstorm Sandy on New Jersey was enormous: nearly 346,000 housing units either destroyed or damaged and 190,000 businesses affected. Sandy demonstrated just how vulnerable to damage much of the low-lying areas...more
The draft “National Assessment of Supply Chain and Other Developing Risks” was issued just last month. It outlined increasing threats to infrastructure, food and water supplies, air quality, national security, public health...more
The New York Times reported today that Governor Cuomo is proposing to spend $400 million to buy out owners of property to avoid a recurrence of the damage caused by Hurricane Sandy. I have to say that I have been persuaded...more
Originally Published in Daily Journal, January 15, 2013. As we look back on 2012, federal funds continued to make their way to local projects and shovels continued to break ground for infrastructure projects. This led to...more
If the State dropped a notice in the mail advising you that 10% of your property was going to be condemned without compensation, you would immediately hire a lawyer, seek out the press and raise holy **** about the trampling...more
In Cardio Diagnostic Imaging, Inc. v. Farmers Insurance Exchange, Case No. B239145 (Dec. 18, 2012; certified for publication), the Second Division of the California Court of Appeal affirmed the lower court’s ruling that an...more
The U.S. Army Corps of Engineers authorized repeated seasonal flooding that damaged trees on forest land owned by the Arkansas Game and Fish Commission. The question before the United States Supreme Court was “whether a...more
Highlighting developments and issues in the real estate industry - Winter 2012. In this issue: - Not Waving But Drowning - Client/Sector Focus - Our Residential Investment Practice - Case Summaries - New...more
After passing on a number of Fifth Amendment issues in recent history, the U.S. Supreme Court is scheduled to hear three cases this term in which the takings clause plays a prominent role. And today, the Court addressed the...more
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