This paper compiles existing and suggested local law provisions that reflect diverse approaches to adaptation to climate-enhanced flood risk.
P. Dane Warren and Justin GundlachMay 1, 2016
The legal environment for local government in Florida is beginning to change when it comes to sea-level rise (sometimes referred to as SLR). Innovations in institutional structure and governance strategies are underway in the State as well. This paper reviews three recent developments, which relate primarily to comprehensive planning in…
David MarkellApril 1, 2016
This paper argues that the U.S. Department of Housing and Urban Development (HUD) has not adequately integrated climate change resilience considerations into its approval of projects seeking Community Development Block Grant Disaster Recovery (CDBG-DR) funds. It argues that the statutes under which HUD carries out its CDBG-DR program provide ample…
Justin Gundlach and Channing JonesApril 1, 2016
This paper examines whether governments can expose themselves to potential legal liability by turning a blind eye to the accumulating risks of climate change. Specifically, the paper addresses potential claims sounding in negligence, fraud, and takings, describing the benefits and challenges of each theory. The paper explores ways to overcome…
Jennifer KleinAugust 1, 2015
"The implications of climate change for corrections have been largely disregarded by both correctional administrators and public officials working on climate adaptation policy. This paper begins the process of connecting the discussions of climate policy and correctional policy. It provides an overview of the correctional sector and its specific vulnerabilities…
Daniel HoltAugust 1, 2015
"The federal government has attempted to address flooding through an insurance program aimed at effectively providing relief to those whose property is damaged by flooding and at incentivizing sound risk management. However, the federal insurance program subsidizes flood insurance premiums, and, therefore, does not require property owners to internalize the…
Matt SienkiewiczJuly 1, 2015
These comments discuss the Council on Environmental Quality's proposed guidance on the consideration of greenhouse gas emissions and effects of climate change in NEPA reviews. The comments argue that agencies should be required to consider the effects of climate change on the environmental consequences of proposed actions.
Michael Gerrard and Jessica WentzMarch 24, 2015
This paper discusses the legal authority for using the National Environmental Policy Act and similar state laws to address climate change adaptation, and explains how citizens can use these laws to encourage agencies and applicants to consider climate change impacts—both those caused by and those affecting a proposed project.
Jennifer Klein and Ethan StrellMarch 1, 2015
This article discusses the New York Public Service Commission's decision to approve a settlement requiring Con Edison to implement state-of-the-art measures to plan for and protect its electric, gas, and steam systems from the effects of climate change.
Christine Fazio and Ethan StrellFebruary 27, 2014
These comments recommend that the NYPSC order the continuation of the Storm Hardening and Resiliency Collaborative and (1) have Working Group II consider broadly how alternative business models for distributed generation ownership and adjustment to existing tariff provisions could provide system-wide resilience benefits; (2) have Working Group IV develop explicit…