Disaster Law

New Report Co-Authored with California Department of Insurance Analyzes Climate Risks to Insurance Industry

Climate change threatens the industry’s viability right when it is needed most. The new report from CDI and CLEE outlines key risks and opportunities for insurers, regulators, and residents.

Climate change presents a wide range of risks to California’s insurance industry, as Californians across the state contend with unprecedented wildfires, changing storm patterns, increased risks of flooding and sea level rise, and disruptions to business from agriculture to fisheries and beyond. Potential decarbonization of the economy and litigation based on climate-related damages further threaten […]

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Is FEMA Ready For a Tumultuous Future?

FEMA has a lot of work to do to get up to the mark on disaster response and risk mitigation.

We face a future of increasing peril from disasters. One reason is climate change; another is that more people live in coastal areas where risks are especially high.We’re currently seeing the results of climate change in the California fires, and we saw both factors at work in last year’s flooding in Houston after Hurricane Harvey. […]

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Guest Blogger Cliff Villa: Es FEMA El Problema? Hurricane Maria and the Slow Road to Recovery in Puerto Rico

Strolling west on Calle Loiza from the Ocean Park neighborhood of San Juan, Puerto Rico, you could miss the devastation wrought by Hurricane Maria last September.  Here in early May 2018, runners and walkers lap the track at Parque Barbosa while middle-aged men try to keep pace with younger guys on the sheltered basketball court.  […]

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Wetlands, WOTUS and California

California Regulators Can and Should Adopt Strong State Wetlands Protection Rules

For the past year, an overriding concern of many Californians has been whether and how state legislators and regulators can fill the environmental law and policy gap left by a Trump Administration that is in the process of reversing a host of Obama-era environmental rules and that has otherwise largely abandoned the field of environmental […]

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Disaster Resilience: Inching Forward, Sliding Back

We’re slowing improving disaster resilience. But there have been some notable setbacks.

An ounce of prevention is worth a pound of cure, as the saying goes.  The same is true for disasters. We are slowly getting better at mitigating disaster risks.  These improvements don’t generally take the form of dramatic breakthroughs.  Rather they involve incremental progress on a number of fronts. For instance, homes that were constructed […]

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Disaster Insurance

States (for wind) and the Feds (for water) provide insurance for hurricane victims. Here’s how.

Rebuilding takes money.  That makes insurance a crucial part of the equation. Insured losses are expected to be in the $70 billion range for Harvey and Irma combined.  This includes commercial insurance, but the payments for home owners will also be hefty. Those costs are generally covered by government-supported insurance markets. I’ve posted previously about […]

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Rebuilding: Lessons from Katrina and Sandy

Recent experience shows that rebuilding is a slow, frustrating process.

We’ve had experience with the rebuilding process twice in the past dozen years, after Hurricanes Katrina and Sandy. The storm destruction takes place in a matter of days, but rebuilding takes years — just like the difference between the instant it takes to break a leg and the subsequent weeks of wearing a cast. Houston […]

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Guest Bloggers Rob Verchick and Matt Shudtz: Law Professors from Every Coast Ask SCOTUS to Weigh in on Louisiana Coastal Wetlands Case

Professors Argue Fifth Circuit Decision Upsets Federal/State Court Balance, Will Prevent States from Relying on Their Own Laws to Protect Important Natural Resources

Last month, more than two dozen law professors from around the country filed a friend-of-the-court brief with the U.S. Supreme Court, urging a fresh look at a lower court decision with sweeping implications for the balance of power between states and the federal government. The issue is vital to Louisiana because it affects whether oil and gas […]

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The Dark Art of Estimating Flood Risks

The 100-year flood and the 500-year flood are both very rough estimates.

My title is a little unfair.  So far as I can tell, the people who are trying to figure out the 100-year or 500-year floods in various places are hard-working professionals, applying their expertise to a difficult problem.  But there are a lot of uncertainties that get concealed behind the final numbers.  The consequence is […]

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How Disaster Response Works

It’s a complex process involving many federal agencies and state government.

When people think of FEMA, they envision rescuers finding victims and taking them to safety. FEMA does provide emergency assistance, temporary housing and other services. But its main  job is to coordinate the response of many parts of the federal government.  And the federal government’s role itself is mostly supportive, with the main job of […]

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