Natural Disaster: Social Insurance in an Era of Climate Change
First published in The Environmental Forum, May – June 2018
V&E lawyers Margaret Peloso and Kristen Miller examine whether and how social insurance programs should be redesigned in order to better address the environmental disasters caused by global climate change in a recent article published in The Environmental Forum. The article briefly explores the current role of social insurance programs in managing environmental risk, before assessing the strain these programs will experience as climate events become increasingly extreme and frequent. The article also discusses California’s use of inverse condemnation law as a mechanism to spread the risk of wildfires across the population. In a unique application of the doctrine, California courts have been finding power companies liable for damages caused by wildfires under the state’s inverse condemnation law on the grounds that the utility companies will pass the costs onto its consumers, thereby spreading the risk and costs of wildfires. Read the full article here.
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