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- Climate change (3)
- Arkansas Game & Fish Commission v. United States (1)
- Automoblie Emissions (1)
- Barasich v. Columbia Gulf Transmission Co. (1)
- California v. General Motors (1)
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- Clean Air Act (1)
- Climate Change Litigation (1)
- Connecticut v. American Electric Power (1)
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- Standing (1)
- Stormwater drainage (1)
- Taking (1)
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Articles 1 - 4 of 4
Full-Text Articles in Torts
A Blanket Of Immunity Will Not Keep Florida Dry: Proposed Adjustments To Florida's Drainage Regulations And Sovereign Immunity Laws To Account For Climate Change Impacts, Theresa K. Bowley
A Blanket Of Immunity Will Not Keep Florida Dry: Proposed Adjustments To Florida's Drainage Regulations And Sovereign Immunity Laws To Account For Climate Change Impacts, Theresa K. Bowley
Florida A & M University Law Review
Addressing stormwater drainage in Florida has been an ongoing challenge since the middle of the twentieth century when the State began to experience rapid growth. Drainage problems already occur in Florida during seasonal high tides, heavy rains, and in storm surge events, and the impacts projected by climate change will exacerbate flooding. Identification of deficiencies in Florida’s existing drainage systems should include the responsibility and liability of drainage systems to be retrofitted to adapt to climate change. Part I of this paper explains the connection between global climate change and its effects on stormwater drainage in Florida. The existing governmental …
Downstream Inundations Caused By Federal Flood Control Dam Operations In A Changing Climate: Getting The Proper Mix Of Takings, Tort, And Compensation, Robert Haskell Abrams, Jacqueline Bertelsen
Downstream Inundations Caused By Federal Flood Control Dam Operations In A Changing Climate: Getting The Proper Mix Of Takings, Tort, And Compensation, Robert Haskell Abrams, Jacqueline Bertelsen
Journal Publications
The 2012 United States Supreme Court case Arkansas Game & Fish Commission v. United States presented the Court with a claim that the property of a landowner downstream of a flood control dam was taken without compensation as a result of non-permanent inundations of low lying portions of that parcel caused by a change in the dam's pattern of releases. The Court held that, "government-induced flooding temporary in duration gains no automatic exemption from Takings Clause inspection" and must, instead, be tested according to the Court's usual precedents governing temporary physical invasions and regulatory takings. The Federal Circuit held a …
Massachusetts V. Epa And The Future Of Environmental Standing In Climate Change Litigation And Beyond, Randall S. Abate
Massachusetts V. Epa And The Future Of Environmental Standing In Climate Change Litigation And Beyond, Randall S. Abate
Journal Publications
This Article focuses on the future scope of environmental standing after Massachusetts v. EPA. Injury in fact has been and remains the most controversial component of the environmental standing test within and outside the context of global environmental harms. Part I of this Article discusses the background context of environmental standing for global environmental harms and its corresponding origins in procedural and substantive injury claims in cases involving purely domestic environmental harms. Part II examines the landmark decision in Massachusetts v. EPA and considers how it confirms and extends standing jurisprudence for global environmental harms, yet fails to resolve some …
Automobile Emissions And Climate Change Impacts: Employing Public Nuisance Doctrine As Part Of A "Global Warming Solution" In California, Randall S. Abate
Automobile Emissions And Climate Change Impacts: Employing Public Nuisance Doctrine As Part Of A "Global Warming Solution" In California, Randall S. Abate
Journal Publications
The battle against climate change and its impacts in the United States must be waged on many fronts and requires many weapons. Until the federal government provides a comprehensive and mandatory legislative response to the climate change problem, gap-filling efforts such as regional, state, and local legislative initiatives and climate change litigation will be essential to achieve some progress in the ongoing challenge to combat the causes and effects of climate change. This Article focuses on one of those gap-filling efforts: public nuisance suits against power companies and automobile manufacturers for the climate change impacts caused by emissions from those …