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4 Envtl. & Energy L. & Pol'y J. 1 (2009)

handle is hein.journals/eener4 and id is 1 raw text is: ARTICLE INVOKING THE ACT OF GOD DEFENSE Laurencia Fasoyiro* I. INTRODUCTION The term force majeure has existed for many years.' Often likened to impossibility, it historically embodied the notion that parties could be relieved of performing their contractual duties when performance was prevented by causes beyond their control, such as an act of God. The term act of God has been defined by Congress as an act occasioned by an unanticipated grave natural disaster.' The use of the term grave to qualify a natural disaster suggests that not all natural disasters are an act of God, contrary to common belief. The disaster has to be an unusual and extraordinary manifestation of the forces of nature that could not have been anticipated or expected under normal conditions.4 If the natural disaster is a normal occurrence in the geographical area, then it could not be characterized as a grave natural disaster, thus any resulting effect is not an act of God. Typically, hurricanes are considered in law to be an act of God. Nevertheless, they have to be of a grave nature to be *Laurencia Fasoyiro is a staff attorney with the Texas Commission on Environmental Quality, Litigation Division. Ms. Fasoyiro holds a B.A from the University of Houston, a J.D. from Thurgood Marshall School of Law, and an LL.M in Environmental, Energy and Natural Resources law from the University of Houston law center. All representations and views in the following article are solely those of the author. 1. ARTHUR A. CORBIN, CORBIN ON CONTRACTS § 1324 (1962). 2. Id. 3. Oil and Hazardous Substances Liability Act, 33 U.S.C.S. § 1321(a)(12) (LexisNexis 1990). 4. Jacoby v. Town of Gillette, 174 P.2d 505, 509 (Wyo. 1946). 5. Skandia Ins. Co. v. Star Shipping AS, 173 F. Supp. 2d 1228, 1239-40 (D. Ala. 2001) 1

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