Viability Of 'Act Of God' Defense In A Superstorm World

Law360, New York (October 11, 2017, 11:22 AM EDT) -- The stakes are high for anyone facing environmental liability in the wake of storms like Hurricanes Katrina, Sandy, Harvey, Irma and Maria. If you are among the parties potentially liable for the costs to clean up a release of oil or hazardous substances caused by a major storm event, you may be thinking about a possible “act of God” defense. You may want to think again.

In practice, the availability of this defense has proved elusive. It is still a good idea, however, to minimize risk...
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