Insights
Firm News

Who Will Pay for Climate Change? Not Us, Insurer Says

May 14, 2014 Media Coverage

NPR Marketplace
May 14, 2014
"Who Will Pay for Climate Change? Not Us, Insurer Says"

Farella Braun + Martel's James Bruen commented on a recently filed suit by Farmers Insurance against Chicago and its suburbs.  The company wants local governments to pay for damages related to flooding caused by large storms. The company's position is that climate change is now a foreseeable risk and local governments should be upgrading their stormwater management systems to account for that risk.

According to Bruen, the theory faces an uphill fight. Very strong legal doctrines protect governments in these kinds of cases, “They can say, ‘You can’t second-guess us on that,’” said Bruen. “‘We have to make a decision politically about where to put our services, and just because you don’t have as many services as you’d like is not a basis to sue us. Sorry.’” Additionally, Bruen noted that the cost of filing the suit is nothing compared to the potential payout: Getting off the hook for climate-related liabilities.

Click here to read the full article.

Firm Highlights

Publication

3 Lessons For Calif. Insureds From Late-Notice Rule Decision

In Pitzer College v. Indian Harbor Insurance Company,[1] the California Supreme Court resolved two previously open questions in insurance law: (1) it concluded that the notice-prejudice rule[2] is a fundamental public policy of California...

Read More
News

40 Farella Braun + Martel Attorneys Named to 2019 Northern California Super Lawyers and Rising Stars

SAN FRANCISCO, July 8, 2019: Forty Farella Braun + Martel attorneys across practice areas were named to the Super Lawyers and Rising Stars lists of top attorneys in Northern California for 2019. Farella attorneys...

Read More
Publication

The Uncertain Future of California’s Vehicle Emission Standards

Read More
Publication

Re-Imagining Environmental Governance: The Future of Environmental Law

Not to dwell on the past, but I have been struck of late reading obituaries of certain leading figures in environmental law by a recurrent theme, which is essentially captured by the following quote...

Read More
Publication

California's Bold Step Forward Into the Contentious World of Wetlands Regulation

Read More
Publication

California Supreme Court Ruling Clarifies That the Notice-Prejudice Rule Is a Fundamental Public Policy That May Override Choice of Law Provisions

In  Pitzer College v. Indian Harbor Insurance Company , the California Supreme Court resolved two previously open questions in insurance law: (1) it concluded that the notice-prejudice rule [1]  is a fundamental public policy...

Read More
Event

Groundwater, NPDES Permits and the Clean Water Act – Where Are We Now?

Sarah Bell will be speaking at the Hawaii State Bar Conference Environmental Section on "Groundwater, NPDES Permits and the Clean Water Act – Where Are We Now?"

Read More
Publication

Emerging Contaminants: Coming to an NRD Site Near You!

What Are Emerging Contaminants? Emerging contaminants are chemicals in the environment for which the health risks—both human and ecological—remain unknown. They are also sometimes called contaminants of emerging concern, since the chemicals, or products...

Read More
News

Farella Braun + Martel Attorneys Recognized in The Best Lawyers in America© 2020

Read More
Publication

Changing Climate, Changing Laws: Addressing CEQA’s New Wildfire Risk Requirements in Project Development

Wildfires pose an increasingly serious threat to the public and environment in California. So it should be no surprise that the Governor’s Office of Planning and Research (OPR) amended Appendix G of California Environmental...

Read More