After 60 Years, I-95 Is Complete
September 10, 2018 —
Riley Griffin - BloombergAcross the U.S., public infrastructure is crumbling because of legislative gridlock and chronic underfunding. Roads are overcrowded, bridges are well past their expiration date, and transit systems regularly face unprecedented delays. But there will be one thing to celebrate as you seethe in beach traffic this weekend—a small, strange gap in I-95 is being filled.
Come September, one of the most audacious public infrastructure projects in U.S. history will be completed after more than six decades of work. Interstate 95 was the crown jewel of the American highway system championed by President Dwight Eisenhower, and yet the plan for an artery stretching the length of the East Coast almost didn’t happen—because of local lawmakers and land-owners in Mercer County, New Jersey.
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Riley Griffin, Bloomberg
The Godfather of Solar Predicts Its Future
October 02, 2023 —
Oscar Boyd, Akshat Rathi, & Christine Driscoll - BloombergSetting world records. Combing through warehouses of old electronics. Seeding the Chinese solar industry from afar. This is the life of Martin Green, a professor at the University of New South Wales in Sydney and the director of the Australian Centre for Advanced Photovoltaics.
Green’s work on solar panel design made the modern solar industry possible: 90% of solar panels made last year were based on his designs. He’s still going strong, too, regularly breaking new records in the pursuit of the perfect solar panel.
This week on
Zero, Akshat Rathi sits down with the man many call “the godfather of solar” to hear firsthand how it happened, the next record he wants to break and whether solar panels are destined for space.
Reprinted courtesy of
Oscar Boyd, Bloomberg,
Akshat Rathi, Bloomberg and
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Carbon Sequestration Can Combat Global Warming, Sometimes in Unexpected Ways
April 02, 2024 —
Michael S. McDonough, Robert A. James & Amanda G. Halter - Gravel2Gavel Construction & Real Estate Law BlogWhether by land, by sea or through human innovation, carbon sequestration is likely coming to (or already happening in) a destination near you. As our planet, overdosed on greenhouse gases, battles climate disasters, a logical solution is to simply stop pumping carbon dioxide into the air. Legislation worldwide is aimed at that target, but reducing output alone may not be enough. There are still billions of tons of extra CO2 already in the atmosphere—this crossroads is where sequestration comes into play.
Carbon sequestration is exactly what it sounds like—the storage of CO2. Once carbon is sucked out of the air, or in some cases pulled directly from industrial smokestacks, sequestration can be undertaken in a lot of different ways. Carbon storage happens naturally, when forests and oceans absorb and convert CO2 into organic matter, but carbon dioxide can also be artificially injected into deep underground rock formations (or wells), or in some cases technological approaches repurpose carbon into a resource like concrete, or as a catalyst in a closed-loop industrial system. However it’s accomplished, the point of sequestration is to stabilize carbon and ensure it doesn’t creep back into our atmosphere. Researchers, like those at the United Nations’ Intergovernmental Panel on Climate Change, now say that CO2 removal is vital to keeping global warming to 1.5 degrees Celsius (past that threshold, climate change could reach catastrophic levels). A 2023 University of Oxford study estimated that, currently, about two billion metric tons of carbon dioxide are being removed each year, primarily through land management (i.e., planting trees), and suggested that we need to double that amount to avoid dangerous global warming levels.
Reprinted courtesy of
Michael S. McDonough, Pillsbury,
Robert A. James, Pillsbury and
Amanda G. Halter, Pillsbury
Mr. McDonough may be contacted at michael.mcdonough@pillsburylaw.com
Mr. James may be contacted at rob.james@pillsburylaw.com
Ms. Halter may be contacted at amanda.halter@pillsburylaw.com
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#6 CDJ Topic: Construction Defect Legislative Developments
December 30, 2015 —
Beverley BevenFlorez-CDJ STAFFRichard H. Glucksman,
Jon A. Turigliatto, and
David A. Napper of
Chapman Glucksman Dean Roeb & Barger discussed Right to Repair developments occurring in Nevada, Arizona, Florida, and Colorado in their article, “Right to Repair Reform: Revisions and Proposals to State’s ‘Right to Repair Statutes.”
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Texas also had changes that affected construction defect claims, as covered by
David H. Fisk of
Coleman & Logan PC: “Before filing a lawsuit or initiating an arbitration proceeding pertaining to a construction defect, a condominium association in Texas with eight or more units must now comply with the newly added Section 82.119 to Chapter 82 of the Texas Property Code. This is in addition to compliance with the Texas Residential Construction Liability Act (RCLA) and any preconditions included in the condominium association’s declarations.”
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New York Court Holds Insurer Can Rely on Exclusions After Incorrectly Denying Defense
March 26, 2014 —
Tred R. Eyerly – Insurance Law HawaiiReversing its prior decision, the New York Court of Appeals held that the insurer could raise policy exclusions regarding its duty to indemnify after it incorrectly denied its duty to defend. K2 Invest. Group, LLC v. Am. Guar. & Liab. Co., 2014 N.Y. LEXIS 201 (N.Y. Ct. App. Feb. 18, 2014).
The insured was sued for legal malpractice. His insurer, American Guarantee, refused to defend and a default judgment was entered. The insured assigned his rights against American Guarantee to the plaintiffs. When the underlying plaintiffs sued, American Guarantee said coverage was barred by two exclusions.
In a previous decision, K2 Inv. Group, LLC v. Am Guar. & Liab. Ins. Co., 21 NY 3d 284, the court held that American Guarantee's breach of its duty to defend prevented it from relying on policy exclusions. This, however, contradicted another case issued by the court, Servidone Const. Corp. v. Security Ins. Co. of Hartford, 64 N.Y 2d 419 (1985).
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Tred R. Eyerly, Insurance Law HawaiiMr. Eyerly may be contacted at
te@hawaiilawyer.com
Another TV Fried as Georgia Leads U.S. in Lightning Costs
June 26, 2014 —
Kelly Gilblom – BloombergGeorgia tops a shocking list: most likely place to have property damaged by lightning.
Georgia residents were reimbursed for $56 million of lightning-related damage in homes last year tied to more than 11,000 claims, according to a top-10 list from the Insurance Information Institute. Texas ranked second at $54.2 million.
Once lightning is “in the wiring, it’s electrifying anything connected to that,” John Jensenius, a lightning-safety specialist at the National Weather Service, said today in a phone interview. “Televisions, and even things like microwaves, they all have little chips in them so they all can get fried pretty easily.”
Lightning cost insurers $5,869 per claim in the U.S. last year, more than double the average in 2004, as homeowners added electronics such as computers and high-definition televisions. Still, the total expense for the industry declined 8.4 percent nationwide in that span, to $673.5 million in 2013, because better lightning-protection systems and fewer storms decreased the frequency of claims, the industry group said.
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Kelly Gilblom, BloombergMs. Gilblom may be contacted at
kgilblom@bloomberg.net
Insurance Companies Score Win at Supreme Court
December 26, 2022 —
Mason Fletcher & Ryan Sternoff - Ahlers Cressman & Sleight PLLCIn 2011, the Washington State Department of Transportation (“WSDOT”) contracted with Seattle Tunnel Partners, a joint venture of Dragados USA and Tutor Perini (“STP”) to construct a tunnel (“SR 99 Tunnel”) to replace the dilapidated Alaska Way Viaduct. STP obtained a builder’s “all-risk” insurance policy (“Policy”) from Great Lakes Reinsurance (UK) PLC and several other insurers (collectively, the “Insurers”) which insured against damage to both the project and the tunnel boring machine popularly known as Big Bertha (“Bertha”).
Bertha began excavating in July 2013 but broke down a few months later when the machine stopped working. Work did not resume on the project until December 2015. WSDOT and STP tendered insurance claims for the losses associated with the delays and breakdown of Bertha but the Insurers denied coverage. Thereafter, WSDOT and STP sued.
The Insurers moved the trial court for partial summary judgment to resolve some, but not all, of the coverage disputes. In a unanimous decision, the Washington State Supreme Court affirmed the trial court and Court of Appeals, and held that insurance companies do not have to reimburse WSDOT and STP for costs accrued during a two-year Project delay, under certain provisions of the insurance policies.
Reprinted courtesy of Mason Fletcher, Ahlers Cressman & Sleight PLLC and
Ryan Sternoff, Ahlers Cressman & Sleight PLLC
Mr. Sternoff may be contacted at ryan.sternoff@acslawyers.com
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There Was No Housing Bubble in 2008 and There Isn’t One Now
January 17, 2022 —
Ramesh Ponnuru - BloombergHousing markets are red hot, with prices up more than 18% from November 2020 to November 2021. That’s an acceleration over the previous two years, which saw increases of 4% and 8% each. It’s also a faster rate than the U.S. experienced during the housing boom of the 2000s that preceded the Great Recession.
That comparison is causing some heartburn. “Are we in another housing bubble?” asked Mark Zandi, chief economist at Moody’s. The consensus, shared by Zandi, is that the answer is no — or, at least, that today’s bubble is different and less dangerous than the last one. Lending standards are more strict than they were 15 years ago, for example, which ought to mean that fewer homeowners are at risk of defaulting if prices fall.
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Ramesh Ponnuru, Bloomberg