What You Dont Plan for May Land You in Court Erin L Deady Esq AICP LEED AP The Broad Brush Stopping the Impacts United Nations Framework Convention on Climate Change UNFCCC 1992 voluntary goal of reducing GHGEs from developed countries to 1990 levels by 2000 ID: 380094
Download Presentation The PPT/PDF document "Planning for Climate Change & Adapta..." is the property of its rightful owner. Permission is granted to download and print the materials on this web site for personal, non-commercial use only, and to display it on your personal computer provided you do not modify the materials and that you retain all copyright notices contained in the materials. By downloading content from our website, you accept the terms of this agreement.
Slide1
Planning for Climate Change & Adaptation Locally
What You Don’t Plan for May Land You in Court
Erin L. Deady, Esq., AICP, LEED APSlide2
The Broad Brush-Stopping the Impacts
United Nations Framework Convention on Climate Change (UNFCCC) (1992) voluntary goal of reducing GHGEs from developed countries to 1990 levels by 2000Kyoto Protocol (1997) binding targets to reduce GHGEs 5.2% below 1990 levels by 2012 (U.S. non - “ratifier”)
Copenhagen Accord- 4% below 1990 levels by 2020 (not binding)
U.S. Response:
Attempts @ legislation, numerous in last 4 yearsSupreme Court: EPA has authority to regulate CO2 Reporting for sources emitting over 25,000 MTCO2eNo legally-binding cap on GHGEsSlide3
The Current State of the Courts527 total cases as of October 2012 (Source: Center for Climate Change Law, Columbia Law School)
26% challenges against Federal actions (NEPA, CAA, etc.), 22% coal cases & Federal and state NEPAs (21%)/ESA 6%Takings issues (as applied to adaptation strategies)- on the riseCommon law claims (4% but high profile)Kivalina, (Dismissed in September 2012) -"But the solution to
Kivalina's
dire circumstance must rest in the hands of the legislative and executive branches of our government, not the federal common law."
Comer, (Second time currently on appeal)In re Canal Breaches Katrina-Overturned damages awardVodanovich v.
BOH Brothers
-
suit against the oil and gas industry for impacts to wetlands and coastal buffer areas, which compromise the levee system and result in ongoing harm.Slide4
The Subtle Legal Hook
ESANEPACAACWAMMPAFOIA/1
st
Amendment
Energy Policy ActGlobal Climate Change Research ActCorporate Reporting/Securities DisclosureFTC“Cap-and-trade”: regulation where GHGE’s are capped and allocated through the distribution of “allowances” representing a right to emit.
Regulate vehicle standards
Regulate activities (public and private)
Green & Energy Building/Codes (New Mexico case)Slide5
Florida Laws
Reduction of emissions to 2000 levels by 2017, to 1990 levels by 2025, and by 80% of 1990 levels by 2050. Florida adopted the California motor vehicle emission standards (22% reduction in vehicle emissions by 2012 and a 30% reduction by 2016).Building Efficiencies/Code, Chapter 553, F.S. increasing standardsHB 7123: Model Green Building Code (2007)HB 697 (GHG reduction strategies in local government’s Comprehensive Plan)HB 7135 (State and Local Government Buildings “greener”)
HB 7179 (Property Assessed Clean Energy including wind resistance)
HB 7117 (New Energy Bill- 2012)
2013: Nada on climate/small on energy (CNG)Florida does not have much specifically on climate change and sea level riseSlide6
Other Florida Authority
Local government Comprehensive Plans must based on “professionally accepted data”Coastal high hazard area planning (old concept new rationale) & evacuation policiesLocal mitigation strategies (required)Conservation practices to improve air qualityLocating infrastructure to reduce the “energy” associated with its deliverySlide7
What are FL Governments Doing?
Comprehensive PlanningNew Comprehensive Plan Elements addressing Climate Change and Energy- Monroe and Broward counties and others Code provisionsFreeboard initiatives- City of Treasure Island with 2’ freeboard requirement above base elevation to improve FEMA’s Community Rating Score
Capital Improvements Planning
Miami Beach
Stormwater Master Plan (20 year updated of capital improvements) $200+ Million (use of “green alleys” and backflow preventers)Regional InitiativesSpace Coast Climate Change Initiative (est. 2007)SE Regional Climate Compact (est. 2008-2009)Slide8
Case Study- Monroe County Sustainability
and Climate
Plan
Communications Strategy
Update Energy BaselinePlan DevelopmentOther Strategies:Use of Rating Systems (possibly including CRS for FEMA)Technical modeling and supportSlide9
Basis for ConcernSlide10
Two Approaches to Technical Modeling and Support
Community engagement:
Use of COAST Modeling approach and Catalysis Adaptation Partners
Scenario development by Community
Strategies developed to reduce riskEconomic analysis of strategiesCounty Assets (UGA SeaGrant):Develop the “hard questions” for data collection
Use technical review team to run and customize models
Generate results and make recommendations for policy and capital planningSlide11
Resources for Decision-Making
Integrate final work products into decision-making (assumptions for the following):
Assumptions for infrastructure: Road
improvement
projects & stormwater management Help designate vulnerable areas, adaptation action areas or other similar conceptLand acquisition policiesLand development code provisions
Tool
Data Created
Basis
for Decisions
NOAA Sea Level Rise and Coastal Flooding Impacts Viewer
Preliminary look at SLR
and coastal flooding impacts.
Establishing priorities for vulnerable infrastructure
The Nature Conservancy's Coastal Resilience 2.0
Storm surge, sea level rise, natural resources and economic assets
Identify opportunities for green infrastructure solutions
FDOT tool (Florida Sea Level Scenario Sketch Planning Tool)
Inundation and affected transportation infrastructure layers
ID transportation facilities potentially vulnerable to climate trends
U.S. Army Corps of Engineers (FEMA and NOAA) Sea-Level Change Calculator
Site-specific detail on projected flood elevations for 5-year intervals from 2010 to 2100
Additional safety margins above FEMA requirements- best available elevation dataSlide12
Planning as an Approach to Flood Insurance Rates
Insurance will be a limiting factor in terms of where we live or “retreat” to-Insurance companies will start to “consider” prospective factors in rates such as sea level rise-Communities may be “forced” to implement mitigation and adaptation strategies in response-Tying planning process to FEMA’s Community Rating System so strategies result in tangible benefits to people-
Multiple benefits of planning as an approach to address sea level rise-Slide13
Adaptation Strategies:Role of Takings
Shifting rights and roles regarding propertyTakings and adaptation strategiesSome of the new considerations: vulnerability, inundation and risk reductionBorough of Harvey Cedars v. Harvey Karan (2013)Evolution of rights (special and general benefits)Calculating benefits and just compensationSlide14
Erin@Deadylaw.com
www.deadylaw.com