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Sept. 10, 2018 by Daniel Farber

From Surviving to Thriving -- FEMA and Disaster Resilience

This post is part of CPR's From Surviving to Thriving: Equity in Disaster Planning and Recovery report. Click here to read previously posted chapters.

“No power, no water, no transport, roads were closed, many streets broken, houses destroyed and people crying.”

Those were the words of Maria Meléndez, the mayor of Ponce, the largest city in southern Puerto Rico, after Hurricane Maria devastated Puerto Rico and the Virgin Islands. She had good reason to complain. As pointed out in the Economist, “even the most attentive government would have struggled with Maria.” But the federal government’s response fell far short of attentive: “Instead of strong leadership, to cut through the difficulties, Donald Trump provided little help.”

The United States needs to do better than that. In this chapter, I explain the many roles of the Federal Emergency Management Agency (FEMA), the lead agency in disaster response, in creating resilience — from its leadership during disasters like Hurricane Maria to setting standards for rebuilding and issuing flood maps — and highlight the ways in which it has failed in those roles. I then make a series of recommendations to remedy these failures and ensure that the federal government does better next time …

Sept. 7, 2018 by Daniel Farber
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This post is part of CPR's From Surviving to Thriving: Equity in Disaster Planning and Recovery report. Click here to read previously posted chapters.

On August 15, 2017, President Trump issued an executive order to expedite federal infrastructure-related decisions by allowing only 90 days for permit decisions and cutting back on flood safety requirements. Enthusiastic Republicans hailed the step. For instance, Rep. Ralph Abraham (R-LA) said he was “thrilled by Mr. Trump’s decision.” He dismissed catastrophic flooding in Louisiana the previous year as an “isolated event,” saying that the “bigger threat . . . is from costly regulations.” Ten days later, Hurricane Harvey hit Texas and western Louisiana.

An ounce of prevention is worth a pound of cure, or so goes the maxim. It could hardly be more apt than in the case of flood mitigation projects, since investments in resilience pay for themselves many times over when natural …

Sept. 6, 2018 by Alice Kaswan
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This post is part of CPR's From Surviving to Thriving: Equity in Disaster Planning and Recovery report. Click here to read previously posted chapters.

By the end of the 2017 hurricane season, the American people were reeling from the impacts of Hurricanes Harvey, Irma, and Maria. The press documented the familiar cycle of compassion, frustration, and anger. As people suffered for days, weeks, and months in communities that were flooded, without power, and in need of food and other basic supplies, the Federal Emergency Management Agency (FEMA), the White House, and other agencies once again emerged in the role of villain for their failure to respond with adequate speed or resources, a failure with particularly deadly consequences in decimated Puerto Rico. 

Assigning blame and holding the federal government to account for these victims’ suffering is an important step in learning from past mistakes. But alone, it is …

Sept. 5, 2018 by Sidney Shapiro
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This is the first in a series of posts from CPR's new From Surviving to Thriving: Equity in Disaster Planning and Recovery report and provides a preview of the preface and executive summary. From September 6-26, CPR will post a new chapter from the report each weekday on CPRBlog. The full report, including a downloadable PDF, will also be available on CPR's website.

Preface: An Ounce of Prevention

The story is now familiar. An area of the United States is battered by a superstorm, hurricane, or other climate disaster, resulting in a calamity for the people who live and work there. The Federal Emergency Management Agency (FEMA) offers emergency assistance, but since it is not enough to address the harms that occurred, Congress acts to provide hundreds of millions of dollars of additional assistance. 

But imagine a counter-narrative, with a significantly better outcome. In that story, we …

Aug. 30, 2018 by Joel Mintz
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This story was originally published by The Revelator.

In his first 19 months in office, Donald Trump has repeatedly defied established presidential norms — so flagrantly that it almost obscures the many ways he's changed national policies for the worse. But despite all the scandals and mean-spirited tweets, it's likely that his most enduring impact will be his administration's systematic, reckless dismantling of ongoing efforts to curtail human-caused climate change.

The miseries of global climate disruption are already upon us. During the current decade, the world has experienced record heat waves, as well as intermittent periods of extraordinary cold, devastating floods, prolonged droughts, dangerous wildfires and large and powerful hurricanes. Despite these alarm bells and urgent warnings from scientists around the globe, the volume of carbon dioxide and other greenhouse gases emitted into the atmosphere by human activity has continued to rise each year.

One clear example of …

Aug. 29, 2018 by Alice Kaswan
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For disadvantaged communities, the so-called Affordable Clean Energy Rule (ACE) falls far short of the protections and opportunities included in the Clean Power Plan, the Obama administration rule that the Trump EPA is now attempting to repeal and replace.

One of the Clean Power Plan's (CPP) essential features was its recognition that the electricity sector operates as an interconnected system. Because of its system-wide approach, the CPP could achieve significant reductions of greenhouse gases and other pollutants by encouraging utilities to shift from pollution-intensive coal to less-polluting alternatives, including natural gas and renewables. In contrast, the ACE rule focuses narrowly on coal-fired power plants, considering only facility-specific "heat-rate improvements," thus sacrificing a host of other ways to both conserve energy and prevent pollution. The proposed rule also fails to prompt states to engage in the more comprehensive and longer-term planning that is necessary to achieve significant …

Aug. 28, 2018 by Daniel Farber
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Cross-posted from LegalPlanet.

You've already heard a lot about Trump's pro-coal ACE rule. You're likely to keep hearing about it, off and on, throughout the next couple of years, and maybe longer. I've set out a rough timetable below, and at the end I discuss some implications.

Step 1: The Rulemaking 

Aug. 2018 Notice of proposed rule issued (clock for comments starts with publication in the Federal Register)

Oct.-Nov. 2018 Comment period closes (60 days after clock starts, unless there are extensions)

Feb.-March 2019 EPA issues final rule (based on time between the advance notice of proposed rule and the actual proposal; could be longer)

Step 2: Judicial Review

Aug.-Sept. 2019 Oral argument in D.C. Cir. (based on scheduling in Clean Power Plan case for three-judge panel argument) The big issue in the case will be whether EPA is limited, as the Trump …

Aug. 27, 2018 by Elena Franco
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This post is part of a series about climate change and the increasing risk of floods releasing toxic chemicals from industrial facilities. It is based on a forthcoming article that will be published in the Sustainable Development Law & Policy Brief.

As climate change makes extreme weather events increasingly frequent, the risk of flooding on our rivers and shores increases. As I noted in a previous post in this series, this puts us at risk for toxic flooding – the combination of floodwaters and industrial toxic spills unleashed during flooding events. Although the storms themselves are not preventable, we can at least avoid placing toxic chemicals in the path of floodwaters. So what role can the American people play in developing stronger, more proactive policies designed to prevent, rather than merely respond to, toxic flooding? 

The good news is that existing federal and state environmental laws provide vehicles …

Aug. 23, 2018 by Daniel Farber
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Cross-posted from LegalPlanet.

Understandably, most of the attention at the beginning of the week was devoted to the rollout of the Trump administration's token effort to regulate greenhouse gases, the ACE rule. But something else happened, too. On Tuesday, a D.C. Circuit ruling ignored objections from the Trump administration and invalidated key parts of a rule dealing with coal ash disposal. That rule had originally come from the Obama administration, and the court agreed with environmentalists that it was too weak. Trump's efforts to weaken it further may have hit a fatal roadblock.

Coal ash is produced in huge quantities by coal-fired power plants. As the opinion describes, it's just chock-full of toxic substances. Traditionally, the industry just dumps it, in dry or wet form, in a pond or reservoir. If it escapes suddenly, it can cause a massive toxic flood; if slowly, it can contaminate …

Aug. 10, 2018 by Dave Owen
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Originally published on Environmental Law Prof Blog.

Secretary of Commerce Wilbur Ross just released a statement directing NOAA to "facilitate" water use to respond to California's wildfires (the statement follows several tweets in which President Trump implied that the cause of California's wildfires was the state's ill-advised decision to let some of its rivers flow downhill to the ocean). Because I've already seen a few befuddled headlines about what this all means, I thought a short post explaining a few key points about what NOAA can and can't do here would be helpful.

  1. Importantly, NOAA does not itself manage reservoirs, forests, or firefighting equipment. It just regulates activities that might harm threatened or endangered salmon (and other oceanic or diadromous species). So headlines saying that Secretary Ross ordered NOAA to "use" water to fight fires are not accurate. Instead, he has ordered NOAA to look favorably upon …

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