In a recent LawlineCLE online course, Stuart Lieberman delivered a lecture entitled “Neighbors Flooding Out Neighbors” to approximately 150 attendees. Lieberman is a founding member of the firm Lieberman, Blecher, & Sinkevich, and has been practicing environmental and land use law for over 30 years.

The lecture primarily focused on the recent increase in claims centering on neighbors routing floodwater to another neighbor’s property. As Lieberman noted, there has been a large increase in calls from individuals seeking to stop their neighbors from flooding their land in recent years.

Lieberman described several main reasons for why the number of flooding claims have increased over the last few decades. The primary reason would be climate change. “Whether you believe that there is a human component to this, or you believe this is a natural cycle, doesn’t really matter,” Lieberman said. “What everybody agrees to,” he continued, “is that there’s climate change going on, and part of that is causing tremendous flooding.”

He also discussed the inadequate infrastructure that was constructed in the 1950’s and 60’s. The creation of more developments, coupled with the rapid increase in impervious coverage caused there to be less areas for the absorption of stormwater. In other words, as Lieberman stated, the more impervious coverage, the less able the ground can absorb the water. This leads to a greater need to absorb the water and thus the high importance of stormwater management, which many developments fail to do sufficiently.

As a final note, Liberman reminded participants of some practical advice: talk to your client about their insurance coverage. Many insurance policies do not include flooding claims, and others will only cover small amounts. As Lieberman said, “As an attorney, it’s your job to try to help these people.” A discussion of insurance before the case is ongoing can help prepare lawyers to plan the case accordingly and assist their clients in the best way possible.

If you are interested in learning more and would like to watch the lecture, please click the following link: https://www.lawline.com/course-center/neighbors-flooding-out-neighbors/on-demand. You can also watch a general overview of the lecture here: https://www.youtube.com/watch?v=bgEZCqaTEKA.