News & Analysis as of

Flooding

Bradley Arant Boult Cummings LLP

Court Rejects Application of Flood Exclusion to Hurricane Rainfall

As the Atlantic hurricane season reaches its peak in September, bringing with it rainfall and flooding, a recent New Jersey court held a sewer overflow resulting from rainfall was not caused, directly or indirectly, by a...more

Ward and Smith, P.A.

What! My Flood Policy Doesn’t Cover Flood Damage?! This, and Other Pitfalls of NFIP Flood Insurance Policies

Ward and Smith, P.A. on

Congress created the National Flood Insurance Program (the "NFIP") to help make flood insurance more affordable in areas prone to flood damage.  FEMA oversees the program and writes the terms of the Standard Flood Insurance...more

J.S. Held

CAT Season: Hazards, Resources, and How to Prepare

J.S. Held on

Catastrophic events (CAT) include hurricanes, floods, landslides, tsunamis, volcanic eruptions, earthquakes, tornados, and wildfires (See Figures 1-4 below). “CAT season” is the phrase experts commonly use to describe the...more

Ballard Spahr LLP

National Flood Insurance Program to Expire on Sept. 30

Ballard Spahr LLP on

The National Flood Insurance Program’s authorization to issue new flood insurance contracts will expire on Sept. 30 unless Congress votes to extend it. Congress has been unable to enact a long-term extension of parts of the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Dam Collapse/Flooding: Federal Appellate Court Addresses Whether Michigan Counties' Efforts to Preserve Lake Depth Constitute a...

The United States Court of Appeals for the Sixth Circuit (“Sixth Circuit”) in a June 20th Opinion addressed a taking issue arising out of flooding due to a dam collapse. See  Bruneau v. Midland County, et al., No. 23-1761. ...more

GeoDataVision

Flood Basics still causing pain for some

GeoDataVision on

This podcast discusses flood regulations for institutions lending money on properties. While there are many federal laws, some key ones being the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of...more

Saul Ewing LLP

Mandatory Disclosure Rules for All New Jersey Sellers and Landlords of Residential, Commercial and Industrial Property

Saul Ewing LLP on

Introduction - Flood risks in New Jersey are growing due to the effects of climate change. Coastal and inland areas may experience significant flooding now and in the near future, including in places that were not previously...more

Allen Matkins

California Environmental Law & Policy Update 5.10.24

Allen Matkins on

The U.S. Environmental Protection Agency (EPA) on Monday finalized tougher methane reporting standards that could increase the number of oil and gas companies that must pay fees for excess methane emissions....more

Orrick, Herrington & Sutcliffe LLP

HUD announces FFRMS final rule

Recently, HUD announced a final rule to implement the Federal Flood Risk Management Standard to “protect communities from flood risk, heavy storms, increased frequency of severe weather events and disasters, changes in...more

Downey Brand LLP

The Future [of] Flood Risk Data

Downey Brand LLP on

I had the opportunity this week to attend a National Association of Flood and Stormwater Management Agencies (NAFSMA) Mentoring Session on the Future [of] Flood Risk Data. This session, offered by NAFSMA in partnership with...more

Bradley Arant Boult Cummings LLP

HUD’s Federal Flood Risk Management Standard Final Rule to Help Communities Reduce Flood Damage, but Tradeoffs Draw Criticism

On April 22, 2024, the Department of Housing and Urban Development (HUD) published its final rule regarding updated flood insurance requirements in certain areas of the country: Floodplain Management and Protection of...more

Holland & Knight LLP

New Jersey Expands Real Property Owners' Flood Notification Obligations

Holland & Knight LLP on

New Jersey Gov. Phil Murphy signed into law the Flood Risk Notification Law (P.L. 2023, c.93) on July 3, 2023, amending the Truth-in-Renting Act (P.L. 2001, c.313) and supplementing the Consumer Fraud Act (P.L. 1960, c.39),...more

BCLP

Climate Change Due Diligence for Real Estate Acquisitions

BCLP on

By 2050 rising sea levels will exacerbate episodic storm surges and inundate an estimated 87,000 square kilometers (21.5 million acres) of coastal areas worldwide, exposing $1.7 trillion of real estate to catastrophic damage....more

Genova Burns LLC

New Jersey’s New Flood Risk Information Law Goes Into Effect: Penalties for Nondisclosures In Sales and Leases (both Commercial...

Genova Burns LLC on

Beginning on March 20, 2024, the new NJ law requires sellers of real property and landlords to make disclosures regarding known and potential flood risks in purchase and sale agreements and new leases and renewals. ...more

Lowenstein Sandler LLP

New Jersey Flood Risk Disclosure

Lowenstein Sandler LLP on

In response to growing flood risks due to the effects of climate change, the New Jersey Flood Risk Notification Law was enacted on July 3, 2023, requiring landlords and sellers of both commercial and residential real property...more

Greenbaum, Rowe, Smith & Davis LLP

New Jersey Imposes New Flood Hazard Disclosure Requirements on Sellers and Landlords

The New Jersey statute concerning real property and flood notifications, commonly referred to as the Flood Hazard Disclosure Law, was enacted on July 3, 2023. The law imposes certain disclosure requirements on both landlords...more

Farrell Fritz, P.C.

Disclosure Revolution: Legislation Makes Property Condition Disclosure Statements Mandatory, Adding Flood Risks, and Waving...

Farrell Fritz, P.C. on

On September 22, 2023, Governor Kathy Hochul signed legislation (A.1967/S.5400) amending the Property Condition Disclosure Act (“PCDA”), which effectively eliminates a seller’s option to provide a residential homebuyer with a...more

Cozen O'Connor

Broad Street Brief: City Council Introduces Flurry of New Bills

Cozen O'Connor on

The first meeting of 2024 back at City Hall — also the first with new City Council President Kenyatta Johnson (District 2) at the dais — saw the introduction of several new bills, including proposed regulations on...more

Harris Beach PLLC

NYSDEC Seeks Feedback on Revisions to Freshwater Wetlands Regulations

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The New York State Department of Environmental Conservation (NYSDEC) recently issued an Advanced Notice of Proposed Rule Making (ANPR) seeking written input on the development of updated Freshwater Mapping and Classification...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Floodplain Management/Protection of Wetlands: National Groundwater Association Comments Addressing Federal Emergency Management...

The National Groundwater Association (“NGWA”) submitted December 2nd comments to the Federal Emergency Management Agency (“FEMA”) addressing a proposed rulemaking denominated: Updates to Floodplain Management and...more

Cozen O'Connor

Certain Residential Leases Must Now Disclose Flood History and Risk

Cozen O'Connor on

Effective immediately, Section 231-B of New York Real Property Law (Section 231-B) has been amended to require that every existing and prospective residential lease provide a notice to the tenant related to the leased...more

Harris Beach PLLC

New York Revises Property Disclosure Forms to Address Flood Risk

Harris Beach PLLC on

New York home sellers now must disclose information about flood risk, flood history and flood insurance to potential buyers under legislation recently signed by Gov. Kathy Hochul, further amending the requirements of the...more

Ward and Smith, P.A.

Disasters Take Many Forms – Preparing your Community Association for the Unexpected

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Disasters, natural or otherwise, are usually unexpected and leave little time for advance action. Hurricanes, named storms, floods, fire, and even crime, are types of disasters that communities across North Carolina may...more

Mintz

This morning we have another climate emergency wake up call. We can't afford to hit the snooze button again.

Mintz on

This morning, everyone who lives or works near the Barrett Pond Park Dam in Leominster, Massachusetts has been told evacuate immediately. Yesterday a foot of rain fell on the area and the future of the dam is, at best,...more

Allen Matkins

California Environmental Law & Policy Update 9.08.23

Allen Matkins on

With California facing a hotter and drier future punctuated by bouts of extreme weather, state officials are moving forward with a new framework for urban water use that could require some suppliers to make cuts of 20% or...more

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