Disaster Law Commons^™

Insurance Against Catastrophe: Government Simulation Of Insurance Markets For Catastrophic Events, Véronique Bruggeman, Michael Faure, Tobias Heldt

Washington Journal of Environmental Law & Policy

As a result of climate change, technological development, and other variables, natural and technological catastrophes have increased dramatically. Moreover, due to infrastructural issues, such as building in floodplains, damages resulting from catastrophes have increased as well. The massive earthquake and tsunami that occurred in Japan on March 11, 2011 are still fresh in people's memories, providing sobering illustrations of the extensive reach of such catastrophes. After a catastrophe, which is defined for the purposes of this Article as an accident with large losses in either the number of victims or the amount of property damage, governments often intervene in the …

Introductory Essay: Catastrophe Thinking, Fast And Slow, Todd A. Wildermuth

Washington Journal of Environmental Law & Policy

We know far more about certain catastrophic risks than we have been willing to do anything serious about. This was not always the case, of course. There was a time when we could have plausibly said we had no real knowledge of a problem and therefore no possible obligation to do anything different. For climate change, the nuances of the date can be endlessly debated; the possible window puts Americans knowing somewhere between 1896, with transatlantic arrival of scientific findings from Sweden, and no later than James Hansen’s testimony before Congress in 1988. For the threats posed by a Cascadia …

Invest To Withstand The Test Of Time: Capital Planning For High-Impact Earthquakes, Jan Whittington

Washington Journal of Environmental Law & Policy

Can people expect buildings and infrastructure to last, keeping their occupants sheltered from the elements, free to go about their business? The professionals who design facilities—as well as the taxpayers and entrepreneurs who fund them—make this assumption, but is this a safe assumption to make? Contemplate the effect of one extreme event—a magnitude 9.0 earthquake along the Cascadia Subduction Zone of the Pacific coast—and it is easy to realize that this is not a safe assumption. Though seismic technology can be used to fortify structures against extreme events and land use plans can keep development out of harm’s way, the …

The Nature Of Extreme Natural Risks In The Natural Environment, Denis Binder

Washington Journal of Environmental Law & Policy

This paper suggests a paradigm change to recognize the uncontrollable risks of extreme natural hazards. All areas of the country face extreme geological and meteorological risks. This paper discusses the historic American approach to the natural environment, the underlying nature of extreme natural hazards in Washington State, California, and the New Orleans-Mississippi River, and proposals to address these hazards. It also lays out two historic limitations on action: the Fifth Amendment and human nature.

Earthquakes In The Oilpatch: The Regulatory And Legal Issues Arising Out Of Oil And Gas Operation Induced Seismicity, Monika U. Ehrman

Georgia State University Law Review

This article reviews the scientific theories and studies regarding induced seismicity, in addition to examining the current regulatory framework and litigation arising out of these seismic events. Lastly, it provides strategies to aid stakeholders and identifies challenges likely to arise in the future.

Part I of this Article provides a review of the geoscience theories regarding natural and induced seismicity. Part II reviews the current scientific literature regarding a possible relationship between certain oil and gas operations and induced seismicity. Part III reviews the existing regulatory structure addressing seismicity in affected states, including possible applicable environmental legislation. Part IV discusses …

The Home-Field Disadvantage: Tort Liability And Immunity For Paid Physicians During Disasters Within The Pacific Northwest Emergency Management Arrangement Member States, Stephen Seely

Seattle University Law Review

This Note identifies how the Pacific Northwest Emergency Management Arrangement member states of Alaska, Idaho, Oregon, and Washington apply tort liability and immunity to medical professionals during times of disaster. This Note also identifies an example statutory scheme that, if enacted, will provide equal protection to all physicians who provide care to disaster victims, regardless of their local or out-of-state status.

Tears In Heaven: Religiously And Culturally Sensitive Laws For Preventing The Next Pandemic, Eloisa C. Rodriguez-Dod, Aileen Maria Marty, Elena Maria Marty-Nelson

Catholic University Law Review

This Article argues that laws created to curtail the spread of deadly contagious diseases need to be drafted and implemented in ways that maximize acceptance of an affected communities’ cultural and religious beliefs. When laws are put in place that are inconsistent with community mores, the overall goal of stopping an epidemic is threatened. Communities often distrust government and other relief organizations who mandate rules and regulations that impinge their religious and cultural beliefs; thus, these regulations geared at helping communities can paradoxically undermine the goal of preventing the spread of infectious disease.

This Article focuses on the need for …

Operation Disaster Defender: A Multi-Disciplinary Approach To Preserving Access To Justice And Client Property Through Disaster Preparedness, William S. Gribble

Student Scholarship

For centuries, the legal profession has prided itself on managing the impacts of crises and disasters for our clients. However, as disasters seem to be more commonplace than before, is the legal profession prepared to manage a crisis of its own? With the livelihood of nearly 79,0002 possibly at stake in the United States, shouldn't preparing for a disaster be one of our top priorities as a profession? Additionally, the professional responsibility rules and civil liability will likely not be completely suspended during a disaster. This means that individuals could possibly face discipline or civil liability for failing to prepare …

Introductory Essay: Catastrophe Thinking, Fast And Slow, Todd A. Wildermuth

Articles

No abstract provided.

Climate Change Impacts On Municipal Negligence Liability In Rhode Island, Manta Dircks

Sea Grant Law Fellow Publications

No abstract provided.

Collective Coercion, Benjamin Means, Susan S. Kuo

Faculty Publications

When a collective-choice situation places coercive pressure on individual participants, the law’s traditional protection of individual autonomy against coercion must be reconciled with its necessary role in resolving problems of collective action. On the one hand, the law might seek to remove coercion from the equation so that individuals are free to make their own decisions. On the other hand, the law might empower a central authority to decide, thereby solving a problem of collective action in order to maximize the group’s shared interests.

The tension between these two approaches creates deep uncertainty for the regulation of collective-choice situations. It …

The Deepwater Horizon Oil Spill Litigation: Proof Of Concept For The Manual For Complex Litigation And The 2015 Amendments To The Federal Rules Of Civil Procedure, John C. Cruden, Steve O'Rourke, Sarah D. Himmelhoch

Michigan Journal of Environmental & Administrative Law

On April 20, 2010, the oil rig Deepwater Horizon exploded in the Gulf of Mexico, killing eleven people and injuring seventeen more. Efforts to stop the spill failed. For the next eighty-seven days, hundreds of millions of barrels of oil poured into the Gulf. This catastrophe not only changed the lives of the families of the dead and injured and the communities who experienced the economic and social disruption of the spill – it challenged the survival of the ecosystem of the ninth largest water body in the world. The oil spill extended fifty miles offshore from Louisiana in the …

The Red Cross And Red Crescent Movement: Power Players In International And Domestic Natural Disaster Law, Kristen Dale

Cardozo Journal of International and Comparative Law

The note examines the unique role of the American Red Cross (ARC) as a quasi-governmental organization in U.S. disaster response, highlighting its dual identity as both a federal instrumentality and a private corporation. This duality raises critical questions about accountability, independence, and neutrality, particularly in light of proposed oversight measures like the American Red Cross Transparency Act. The analysis explores how the ARC's role intersects with international frameworks and domestic policies, emphasizing the need to balance its operational efficiency with public accountability.

Cash Is King: How Market-Based Strategies Have Corrupted Classrooms And Criminal Courts In Post-Katrina New Orleans, Olympia Duhart, Hugh Mundy

Seattle University Law Review

On many accounts, it is a tale of two cities. The headlines and marketing machines tout to the world that “The Big Easy is Back.” But beyond the celebrations and parades, the story for poor Katrina survivors is very different. While many residents and businesses are enjoying a resurgence a decade after Katrina stormed through, others in post-Katrina New Orleans have a different experience. More than ten years after Hurricane Katrina, the city still struggles with systemic failures. These problem areas include housing, health care, mental health treatment, employment, education, and the criminal justice system. All of these challenges are …

Weather Modification: A Modest Proposal, Lawrence A. Weirs

Georgia Journal of International & Comparative Law

No abstract provided.

Proactive Natural Disaster Recovery And Resilience In The Northeast: Should Governments Exercise Buyout Programs And, If Necessary, Eminent Domain, To Prevent Disaster?, Stellina Napolitano

Pace Environmental Law Review

In light of the devastation left behind by the three most recent natural disasters in the northeast region—Hurricane Irene, Tropical Storm Lee, and Superstorm Sandy—local and state governments are now implementing “buyout programs” in order to protect the future of beachfront and flood-prone communities. These programs may not be a perfect solution, so, while positions differ on whether to pursue taking private properties by use of eminent domain, it may be a favorable option in order to attain the ultimate goal of safety and resilience against future disaster. Section II of this paper will analyze the background and impacts that …

Flint Drinking Water Contamination: Frames Of Reference, Clifford J. Villa

Faculty Scholarship

Presentation given at Harvard Law School on Flint, Michigan, lead toxicity and what we can do as a matter of law.

Lessons For New York: Comparative Urban Governance And The Challenge Of Climate Change, Andrea Mcardle

Fordham Urban Law Journal

No abstract provided.

Mwcog And Infragardncr Key To Government Engagement With Private Sector Critical Infrastructure Stakeholders, Christopher Ryan

Homeland Security Publications

No abstract provided.

New Challenges For Urban Areas Facing Flood Risks, Debbie M. Chizewer, A Dan Tarlock

Fordham Urban Law Journal

No abstract provided.