Vol. XLIII No. 2, Symposium Issue
Symposium Issue

Who Will Pay: The Public & Private Insurance Implications of Climate Change’s Drastic Challenges

The Fall 2015 Boston College Environmental Affairs Law Review symposium weighing the impacts of climate disruption upon public and private insurance concerns was held at Boston College Law School in Newton, Massachusetts on Thursday, November 5, 2015. “Who Will Pay: The Public & Private Insurance Implications of Climate Change’s Drastic Challenges” examined how best to allocate or […]

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How Capital Markets Can Help Developing Countries Manage Climate Risk

Abstract: Climate change is exacerbating the frequency and severity of catastrophic weather events around the world. The economic impact of these events on developing countries can be severe, and roll back years of development gains. To help face this growing challenge, the governments of developing countries need improved access to insurance and alternative risk transfer […]

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Incentivizing Municipalities to Adapt to Climate Change: Takings Liability and FEMA Reform as Possible Solutions

Abstract: This Article addresses a central question of climate adaptation in the United States: how can municipalities, which are best positioned to take a lead in climate change adaptation efforts, be incentivized to do so? The Article analyzes and ultimately rejects as doctrinally unmoored and counterproductive one idea that has been suggested by commentators and […]

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Mitigation of Climate Change Risks and Regulation by Insurance: A Feasible Proposal for China

Abstract: Climate change is one of the most fundamental challenges of our time. The extraordinary growth of greenhouse gas (“GHG”) emissions in China represents the single greatest obstacle to global climate change efforts in the coming decades. Meanwhile, China suffers from the adverse consequences of climate change. It has been recognized that two factors may […]

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Lessons From U.S. Coastal Wind Pools About Climate Finance and Politics

Abstract: The financial costs of extreme weather are profound, not only in terms of the distress of those immediately affected but also in broader, more long-term macroeconomic and public budgetary effects. This Article focuses on the role that private and public insurance can play, both positively and negatively, on these effects. It also provides one […]

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Climate Change and Federal Crop Insurance

Abstract: The federal crop insurance program is well-positioned today to promote resilient agricultural practices that mitigate the future impact of climate change. In light of climate change risk, this Article examines issues relating to climate change and the federal crop insurance program. Part I of this Article examines the present risk of climate change in […]

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The Government’s Role in Climate Change Insurance

Abstract: There are no robust insurance markets for climate change insurance. While these markets would provide valuable loss-mitigation incentives, at the same time giving financial certainty to individuals and businesses that face staggering future liabilities, existing efforts have produced a fragmented set of private and public products that provide only piecemeal coverage. This Article examines […]

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Applying Life Insurance Principles to Coastal Property Insurance to Incentivize Adaptation to Climate Change

Abstract: Current levels of greenhouse gases will result in significant sea level rise in the future, irrespective of the success of any future mitigation efforts. Paleoclimate and geologic data from past periods of rising sea level show that low lying areas, especially river deltas which are home to half a billion people, will be inundated. […]

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Strategic Land Use Litigation: Pleading Around Municipal Insurance

Abstract: Municipal insurance policies inevitably contain a curious exclusion of coverage for regulatory takings claims. Many courts have interpreted this exclusion broadly, applying it to all land-use litigation. Other courts have interpreted the exclusion narrowly. Both interpretations are problematic. The former is at odds with policy language and the normal rule that insurance policies are […]

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Climate Change Insurance and Disasters: Is the Shenzhen Social Insurance Program a Model for Adaptation?

Abstract: As one of the most disaster-prone nations, China is grappling with creating effective adaptation strategies. In an effort to pool risk, Chinese officials are introducing new climate change insurance products. This Article describes one pilot product introduced in the City of Shenzhen, a global mega-city with a population of approximately fifteen million, and explores […]

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