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Environmental Law & Climate Change Center
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Environmental Law - Product Update
1/16/2009 2:23:07 PM EST
LexisNexis Environmental Law Center Staff
December 2008 Updates to Insurance Coverage for Environmental Claims, Environmental Law Practice Guide, and Treatise on Environmental Law

Highlights of the latest update to Insurance Coverage for Environmental Claims include:

• New Chapter 18, Climate Change and Insurance, which examines the science behind climate change and discusses insurance, disclosure, and underwriting of climate-related risks; also features cases involving climate-related insurance claims.
• Complete revision of Chapter 17, Common Contaminants, discussing the most frequently encountered environmental contaminants and their effects on human health and the environment.
• Coverage in Chapter 1, Introduction, of insurance markets, pollution liability insurance, and the doctrine of “reasonable expectations.”
• Discussion in Chapter 2, Environmental Statutes and Regulations, of efforts by environmental private interest groups to force regulatory agencies to take specific actions and the litigation which has resulted.
• Discussion in Chapter 4, Property Insurance, of the varying insurance needs surrounding large commercial construction projects, as well as the numerous insurance issues that arose following Hurricane Katrina.
• An examination in Chapter 35, Science, of new technologies for improving the environment, including wind energy, and fuels developed from algae and hydrogen.

Highlights of the latest update to Environmental Law Practice Guide include:

• Discussion in Chapter 17C, Global Climate Change, of EPA’s recent advance notice of proposed rulemaking regarding greenhouse gas regulations under the Clean Air Act.
• Revisions to Chapter 17D, Green Buildings and Sustainable Development, featuring the latest developments to the U.S. Green Building Council’s Leadership in Energy and Environmental Design (LEED) rating system and a new discussion on green leasing.
• New section in Chapter 18, Water Pollution, analyzing a recent EPA rule exempting water transfers from the NPDES permit system.
• New section in Chapter 32, Real Property Transfers and Brownfields Development, explaining the concept of “green remediation” and how green remediation techniques may be applied.
• Discussion in Chapter 63 of a Massachusetts law designed to promote energy efficiency and conservation, foster growth in renewable and alternative energy sources, and limit the release of greenhouse gases.

Highlights of the latest update to Treatise on Environmental Law include:

• Discussion in Chapter 1A, Climate Change and Global Warming, of EPA’s first formal response to Massachusetts v. EPA, and an examination of climate change issues in administrative law cases, public and private nuisance cases, coal-fired power plant cases, and public international law cases.
• New section in Chapter 2, Air Pollution, on the 2008 revision to the National Ambient Air Quality Standards for Ozone.
• New developments added to Chapter 3, Water Pollution, dealing with the NPDES program, wetlands jurisdiction, and wetlands mitigation.
• New section in Chapter 9, The National Environmental Policy Act of 1969, on NEPA cases that have addressed climate change.
• Coverage in Chapter 11, Regulation of Energy Generation and Transmission, of recent cases challenging coal-fired power plants on climate change grounds.

For more information on these titles, go to the LexisNexis Bookstore.

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