News & Analysis as of

Infrastructure Severe Weather

Pullman & Comley, LLC

The Impact of Natural Disasters on Municipal Financing and Disclosure

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The wildfires in Southern California earlier this year were another sobering reminder of the devastating impact of natural disasters on local communities, and Connecticut is certainly not immune....more

McGinnis Lochridge

Winter Storm Uri and Force Majeure: The Legal Battles Continue

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Winter Storm Uri sent shockwaves through Texas, freezing gas supplies at a time of critical need and plunging the state into widespread power outages. In the aftermath, the courts have been flooded with force majeure claims,...more

Downey Brand LLP

Governor Newsom Issues Executive Order Broadening Existing CEQA and Coastal Act Exemptions for Rebuilding in Areas Impacted by...

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In the wake of the tragic disaster still unfolding in multiple communities of Southern California, Governor Newsom has issued an executive order (Executive Order N-4-25) intended to “expedite recovery” from the disaster by...more

J.S. Held

The Microburst Wind Potential Index: Applications for Post-Storm Surveys and Forensic Reviews

J.S. Held on

Historically, post-downburst research and damage surveys have been limited to damage assessments, review of nearby wind measurements and estimations, and weather radar review....more

Baker Donelson

Grappling with Safe Battery Handling and End-of-Life Concerns in the EV Revolution

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Safe handling of electric vehicle (EV) batteries is in the forefront of the news this hurricane season due to the increased risk of battery fires following saltwater intrusion from storm surges, and states are beginning to...more

Pillsbury - Gravel2Gavel Construction & Real...

Real Estate & Construction News Roundup (10/16/24) – Chevron Ruling’s Impact on Construction Industry, New Kind of Public Housing...

In our latest roundup, Hurricane Helene affects infrastructure, California Gov. Gavin Newsom signs bills aimed at renter protections, Federal Reserve kick-off rate-easing cycle, and more!...more

Baker Donelson

Landslides and Slope Failures: Navigating FEMA Eligibility in the Wake of Hurricane Helene

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Landslides and slope failures resulting from disasters cause millions of dollars in damage to infrastructure each year. Following a disaster, funding for repair and restoration of infrastructure, including roads and bridges,...more

Mintz - ML Strategies

2024 Pre-Election Analysis: Infrastructure

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In this installment of ML Strategies’ Pre-Election Analysis series, we join with our partners in the Public Finance Practice at Mintz to discuss the potential implications of the 2024 general election for infrastructure...more

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

Troutman Pepper Locke

Court Vacates FERC “Soft” Cap Refund Order Issued After 2020 California Heat Wave

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On July 9, 2024, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) vacated orders issued by the FERC that required six wholesale power sellers (the “Sellers”) to issue refunds to...more

Jones Day

Vermont Law Requires Energy Companies to Pay for Climate Change Damage

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Vermont passed a first-of-its-kind law requiring energy companies to pay for part of the damages from extreme weather events, but the law likely will face legal challenges....more

Troutman Pepper Locke

FERC Approves Extreme Cold Weather Reliability Standards EOP-011-4 and TOP-002-5

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On February 15, 2024, FERC approved two new extreme cold weather Reliability Standards EOP-011-4 (Emergency Operations) and TOP-002-5 (Operations Planning)....more

Mintz

Yes, Governor Healey, let's future-proof our communities, not abandon them. Let's start by making it easier to implement...

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There was a lot to like about what Governor Healey had to say about our rapidly changing climate in her State of the Commonwealth speech Tuesday evening, especially about her expectation that Massachusetts will be the leader...more

Gray Reed

Retail Electricity Customers Denied Relief from Uri

Gray Reed on

In re Luminant Generation Company LLC et al is a bitter pill for the litigation hangover from Winter Storm Uri. Takeaway: Texas does not recognize a legal duty owed by wholesale power generators to retail customers to provide...more

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

State Microgrid Policy, Programmatic, and Regulatory Framework: National Association of Regulatory Utility Commissioners/National...

The National Association of Regulatory Utility Commissioners (“NARUC”) and National Association of State Energy Officials (“NASEO”) released an August 2023 report titled: State Microgrid Policy, Programmatic, and...more

Carlton Fields

[Event] Building Resiliency Into the Construction Industry - September 7th, Miami, FL

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In the construction industry, resilience generally refers to a building’s or infrastructure element’s ability to avoid, mitigate, absorb, or recover from physically destructive events, with an eye toward overall longevity. ...more

Cadwalader, Wickersham & Taft LLP

Oregon County Sues Fossil Fuel Companies and Consulting Firm For Damages Related to 2021 ‘Heat Dome’

In a civil suit filed in Oregon state court in June 2023, an Oregon county is suing more than a dozen large oil, gas and coal companies, seeking more than $50 million in damages, in connection with a 2021 “heat dome” and...more

Adams & Reese

Top 10 Tips for Businesses to Prepare for Peak of Hurricane Season

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After a relatively quiet start to the 2023 hurricane season, the tropics are heating up as we inch closer to the statistical height of the Atlantic Basin hurricane season – September 10. August 29 marks the 18th anniversary...more

Goldberg Segalla

The Un-wilding of Wildfires: How We Have Added Fuel to the Flames

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In their purest form, natural wildfires, most commonly caused by lightning strikes or volcanic activity, are a necessary part of the lifecycle in most ecosystems. They provide a number of important ecological benefits, such...more

Akin Gump Strauss Hauer & Feld LLP

FERC Acts to Bolster Electric Grid Reliability During Extreme Weather Events

The Federal Energy Regulatory Commission (FERC or the “Commission”) recently issued Order Nos. 896 and 897 (collectively, the “Reliability Orders”), which are two final rules designed to bolster electric grid reliability...more

Troutman Pepper Locke

FERC Directs NERC to Develop New Transmission Planning Reliability Standard; Directs Transmission Providers to Submit One-Time...

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On June 15, 2023, FERC issued two final rules aimed at boosting bulk power system resilience by improving how grid operators assess and plan for extreme weather impacts to the transmission system. One rule directs NERC to...more

WilmerHale

Climate-Proofing Our Infrastructure: Building Climate Resilience with the Army Corps of Engineers

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Reports of climate-related disaster have made headlines across the country, from flooding in California to record-breaking heatwaves in the Pacific Northwest and all manner of extreme weather in between. These phenomena seem...more

Cadwalader, Wickersham & Taft LLP

White House Report Calls For Reevaluation of Federal Government’s Climate-Related Spending Priorities

On March 20, 2023, the White House Council of Economic Advisers released the Economic Report of the President (“Report”). Chapter 9 of the Report, entitled “Opportunities for Better Managing Weather Risk in the Changing...more

Akerman LLP

Construction: The Race for Scarce Materials and Skilled Labor Post Hurricane Ian

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Hurricane Ian will likely be remembered as one of the largest and costliest natural disasters to hit Florida in history. Commercial buildings, infrastructure and residences throughout the state were destroyed and are in...more

Pillsbury Winthrop Shaw Pittman LLP

Hurricane Ian: Insurance Implications

Hurricane Ian struck Florida on September 28. By late afternoon, it was a Category 5 storm with top winds of 155 miles per hour, producing huge storm surges along a wide area of the state’s southwestern coast. Damage is...more

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