Download When Nature Strikes: Weather Disasters and the Law by Marsha L. Baum PDF

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By Marsha L. Baum

Either legislations and climate impact us each day of our sleek lives, but most folks have no idea how the elements has affected advancements within the legislation, nor are they conscious of how the legislation has tried to advance how you can impact the elements. while Nature moves is the 1st ebook to ascertain some of the components within which legislations and climate meet and have an effect on one another. This special paintings describes the legislations with regards to climate within the usa within the context of particular circumstances, laws, and administrative criminal action.For instance, climate may be the potential to dedicate a criminal offense or the issue that turns an occasion from a poor coincidence right into a felony act. climate could be a safety opposed to legal responsibility in either civil and felony situations. humans search aid in courtroom from the damage attributable to climate occasions, even if a slip at the ice or the terrible devastation wrought through a dangerous storm. Courts and the felony justice procedure may be suffering from climate occasions that hinder actual entry to the courthouse or that damage proof. via legislation glided by Congress, U.S. climate companies have developed from easily climate recording into climate forecasting and caution structures. Federal patent legislation bargains monopolies over innovations to inspire inventors to increase new units that bring up human defense in severe climate or to enhance tools comparable to cloud seeding or wind strength.

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Federal, state, and local governments all play roles in the development and use of technologies that help us to protect ourselves from the weather, utilize the weather for society’s benefits, and prevent harm to the atmosphere from human activities. INCENTIVES TO DEVELOP NEW TECHNOLOGY Patent Law4 Patent law is one of the governmental protections intended to reward inventors and provide incentives for new creations. To simplify a complex topic, think of patent law as the balance between our interest in being able to learn about and use new inventions with the inventor’s interest in recovering costs of development and making profits from her work.

Causation of the harm is an essential part of the proof in a claim for damages such as this, but causation is very difficult to prove in weather modification cases. Since the weather varies naturally, it is impossible to predict the exact course a weather system would have had without the weather modification. It is not possible to prove that the cloud seeding, rather than simply the uncertainty of nature, caused the flooding. While it could be shown that there were two on-going weather modification projects in Rapid City in the weeks preceding the flood,82 it could not be proven that without the cloud seeding the flooding would not have happened.

New Orleans, on average 6 feet below sea level, consisted largely of paved land, as do many other large urban areas. The paved areas reduce the ability of the land to absorb storm runoff and other sources of water. In addition to the problems of large paved areas, as we know now, New Orleans faced the problem of levees that were in need of repair to ensure structural integrity. When the levees were first built in 1718, much of the natural floodplain remained. Nearly 300 years later, that situation had changed dramatically.

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