Flooding

News & Analysis as of

Eleventh Circuit Rules Lenders Can Demand Flood Insurance Coverage That Exceeds Loan Balance

Agreeing with the First Circuit’s recent en banc ruling in Kolbe v. BAC Home Loans Servicing LP, — F.3d —, 2013 WL 5394192 (1st Cir. Sept. 27, 2013), the United States Court of Appeals for the Eleventh Circuit ruled that the...more

Eleventh Circuit Holds Lender Can Require Increased Flood Insurance Coverage

For the second time in less than five months, a U.S. Court of Appeals ruled that the FHA Model Mortgage sets a floor, not a ceiling, on the amount of flood insurance coverage a borrower must maintain. Feaz v. Wells Fargo...more

Court Permits Recovery Of Damages For Flooding Caused By Defective Water Softener

Larry Krueger bought a water softener from Menard’s. Two years later, the water softener failed and caused flooding in Mr. Krueger’s home, resulting in $45,000 in damages....more

On Remand from the U.S. Supreme Court, Federal Circuit Affirms Ruling that Temporary Flooding Resulted in Compensable Taking

As you may recall, last December we reported on the U.S. Supreme Court's decision in Arkansas Game and Fish Commission v. United States, in which the Supreme Court held that government-induced flooding of limited duration may...more

Yet More on the Adaptation Front: Where You Stand Depends on Whether Your Property Is Underwater

A story in E&E Daily on October 30 highlighted the difficult choices – including political choices – that are going to have to be faced in the process of adapting to climate change. The story noted that a number of...more

Capital Thinking: Environment

Legislative Activity - Flood Repairs in Colorado - The short-term continuing resolution (CR) passed by Congress will allow “the U.S. Secretary of Transportation to use up to $450 million of funds previously...more

New Flood Insurance Rule Proposed by Joint Regulators

On October 11, five agencies issued a joint notice of proposed rulemaking to amend regulations related to loans secured by property located in flood hazard areas. The proposed rule would implement portions of the...more

Federal Agencies Propose New Federal Flood Insurance Regulations

The Federal Deposit Insurance Corporation recently approved for release joint proposed regulations to implement provisions of the Biggert-Waters Flood Insurance Reform Act of 2012 (the Act). The proposal would amend the Flood...more

Condo Water Invasion: Potential Medical Liability? [Video]

Chicago Tribune Condo Adviser columnist Howard Dakoff on how condo owners may address concerns arising from water infiltration in their homes. Howard is a partner in the Community Associations Practice Group of Levenfeld...more

New California Law Establishes Additional Requirements for Conducting Elections Involving Stormwater and Flood Control Service...

Public Agencies Must Adhere to New Steps By Next Summer - Public agencies that handle water, sewer, and solid waste services in California are required to comply with certain mailed notice and majority protest public...more

Infrastructure Alert - October 1, 2013

As Congress has now failed to pass a continuing resolution to fund most federal operations, a government shutdown began this morning, the beginning of the federal government’s 2014 fiscal year. While exceptions are made for...more

Colorado Flooding Implicates Insurance Coverage for Energy Companies

The damage caused by the recent flooding in Colorado is catastrophic and has evermore changed the lives of many who live in and around the affected communities. As the waters recede, the impact of the destruction is being...more

First Circuit Rules Constitution's Appropriations Clause Quashes Flood Policy Claim Lacking Proof-Of-Loss

You know it is not going well when the court cites the Constitution at you in a breach of contract case. But so it went in DeCosta v. Allstate Insurance Co., where the First Circuit last Friday reversed the trial court and...more

Lives and Businesses Interrupted by Rocky Mountain Floods

Over the past several days, severe flooding has inundated several states in the Rocky Mountain Region. Following the nearly fifteen inches of rain dumped on parts of Colorado, the resulting floods continue to wreak havoc in a...more

Ninth Circuit Says Los Angeles County Flood Control District is Liable for River Pollution - Appellate Court Sidesteps Supreme...

The Ninth Circuit Court of Appeals ruled on August 8, 2013, that elevated pollutant levels in the Los Angeles and San Gabriel rivers represent a violation of the National Pollutant Discharge Elimination System (NPDES) permit...more

Walking On Eggshell Skulls: Louisiana's Levees Take On The Oil And Gas Industry Over Coastal Land Degradation

Ground zero for climate change and rising sea levels in the United States is not a status to which any state aspires. ...more

Alberta Flood 2013: CRA Extends Tax Filing Deadlines and Offers Guidance to Taxpayers

While the immediate business disruptions resulting from the recent flooding in Southern Alberta have, to some extent, been dealt with, the hard work of rebuilding has only just begun. ...more

Unprecedented Flooding in Alberta, Canada: Insurance Coverage for Property Damage, Loss of Business Income and Extra Expenses

Three days of unusually heavy rainfall has caused extensive flooding in Alberta, Canada. Calgary, the epicenter of Canada’s energy industry, was particularly hard hit, with flooding of the city itself and widespread loss of...more

CFC Declines to Reconsider Flooding Case

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

Three Steps To Protect Against The Costs Of Supply Chain Disruptions Caused By Mississippi River Flooding

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 Back in Federal Circuit After Supreme Court Ruling

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

Federal Regulators Clarify Effective Dates For Flood Insurance Amendments

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

Report Shows State's Significant Exposure To Flood Risk

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

Federal Banking Agencies Issue Flood Insurance Guidance

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

Iowa Immigration Law Blog: California Service Center Temporary Closure for Plumbing Problems

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

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