Disaster Law
Deep Waters
Dean Rowan pointed me to a nifty interactive site dealing with sea level change. It covers the entire coastal U.S. You simply put in the name or zip code of the place your interested in, along with the amount of sea level rise (1-10 feet). You get a map of what parts of the city …
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CONTINUE READINGGoing Beyond the “Design-Basis Event”
A conventional approach to safety is based on the concept of design events. A building code might say, for example, that a building should be able to survive a 7.0 earthquake. This approach has been basic to the regulation of nuclear reactors. As the interim report of the post-Fukushima NRC task force explains: [The regulation[ …
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CONTINUE READINGSeismic Uncertainty
What happened last March 11 wasn’t supposed to be possible. The seismic hazard maps didn’t entertain the idea of a 9.0 magnitude earthquake off the Tohoku coast of Japan. But the Earth paid no heed to scientific orthodoxy. A massive slab of the planet’s crust lurched 180 feet to the east. It rose about 15 …
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CONTINUE READINGBP Reaches Partial Settlement in Deepwater Horizon Oil Spill Litigation
Late Friday, U.S. District Court Judge Carl Barbier announced a legal settlement between British Petroleum and thousands of individuals and businesses that had sued BP for damages arising out of the 2010 Deepwater Horizon oil disaster in the Gulf of Mexico. According to a New York Times report, BP has agreed to pay $7.8 billion …
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CONTINUE READINGCourt to Feds: “Pay Up for Katrina Damage”
The U.S. Court of Appeals for the Fifth Circuit has upheld a district court ruling that the federal government is liable for damage from the Katrina storm surge that went up the MRGO canal into the city. As I read the opinion, it is limited in three ways. First, it is crucial that MRGO — …
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CONTINUE READINGPreviewing a VERY Big Week for Environmental Law in the Courts
UPDATE: The Associated Press reports that late Sunday, February 26th, U.S. District Court Judge Carl Barbier announced a one-week postponement of the trial in the BP oil spill case that had been scheduled to begin the next day. The postponement is reportedly due to substantial progress that has been made in marathon settlement talks that …
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CONTINUE READINGInsurance Salesmen Should Be Selling The Public On Climate Change
As Dan’s post described, the insurance industry has a major, profit-driven stake in stopping climate change. So given the high risks for these private companies as the Earth bakes, why aren’t they the public face of the need to stop climate change, instead of controversial figures like Al Gore, environmental leaders, and scientists? Wouldn’t the …
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CONTINUE READINGTen of the Top Environmental Stories of 2011
Nuclear reactor meltdown in Japan. EPA issues new rules limiting mercury emissions by power plants. Durban climate summit produces modest progress, as developing countries begin to acknowledge the need for binding limits on their carbon emissions. White House kills scheduled new regulations of ozone. California adopts cap-and-trade system under AB 32. White House announces stringent …
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CONTINUE READINGKivalina and the Courts: Justice for America’s First Climate Refugees?
It’s hard not to sympathize with the Native Alaskan inhabitants of the Village of Kivalina. The 400 residents of Kivalina, a thin peninsula of land in Alaska jutting into the Chuckchi Sea north of the Arctic Circle, have the dubious distinction of being among the first climate refugees in the U.S. Their town is literally …
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CONTINUE READINGKatrinas Yet to Come
Climate change is expected to increase hurricane damage by $40 billion per year by the end of the century.
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