The Conservation Law Foundation addresses the legal liability risks of decision makers if they fail to prepare for climate change impacts to infrastructure in this report. Theories of legal liability are described for design professionals (such as engineers and architects) or government entities (like a city or a water reclamation district) as related to climate adaptation and resilience of buildings, roads, and other critical infrastructure. The report was produced from workshops that took place in Boston and has many references to specific laws and regulations in Massachusetts.
Tagged: Legal Analysis
This comprehensive report discusses the policy options available to the City of Coral Gables, Florida, as it prepares for sea level rise and other effects of climate change. It also explores potential legal issues likely to arise as climate change adaptation measures are implemented. It explores these challenges in light of Coral Gables’s (and all of South Florida’s) unique vulnerability to climate change, as a result of its low elevation above current sea level and its porous limestone base, which makes protecting areas of South Florida like Coral Gables with sea walls, dikes, or canals impractical.
The Alliance of Regional Collaboratives for Climate Adaptation (ARCCA) released this fact sheet summarizing Climate and Energy related legislation in California passed in 2015. The fact sheet provides a brief summary of each climate related law, including a brief description of the goals, key dates, and requirements.
The Alliance of Regional Collaboratives for Climate Adaptation (ARCCA) released this fact sheet to explain the basic requirements of SB 379 for California communities. SB 379 will require cities and counties within California to integrate climate adaptation into their general plans by January 1, 2017 or January 1, 2022 depending on whether or not that city or county has adopted a Local Hazard Mitigation Plan. The fact sheet also describes a 3-step process cities and counties can use to meet the requirements.
The Sabin Center for Climate Change Law has developed a set of model protocols for assessing the impacts of climate change on the built environment under the National Environmental Policy Act (NEPA) and similar state and local laws, including those for environmental impact assessments (EIAs). This paper summarizes the legal and empirical research used for the development of these protocols.
This report from Nina Hart of Columbia Law School focuses on how governments and investors can use financial disclosure as a tool to incentivize or pressure publicly traded companies to undertake climate change adaptation measures. The chapter explains why financial disclosure is a powerful tool, describes the relevant regulatory schemes, and outlines both regulatory or enforcement and market-based strategies for improving corporate responses to climate change.
This analysis from the NJ Climate Adaptation Alliance (NJCAA) identifies adaptation programs and policies of states in the Mid-Atlantic region with an emphasis on coastal resources and risks. The report compares enacted legislative and administrative changes to agency programs in order to account for coastal impacts from climate change – that are consistent with one or more of the individual recommendations proposed by the NJCAA in Preparing New Jersey for Climate Change: Policy Considerations from the New Jersey Climate Adaptation Alliance.
Published by the National Association of Clean Water Agencies (NACWA), Navigating Litigation Floodwaters provides an overview of legal issues associated with user-fee funded municipal separate storm sewer systems (MS4s) stormwater programs, as well as a summary of selected legal decisions and pending cases. The report represents how different courts across the nation have addressed the issue of stormwater management, the types of legal analyses that have been used when evaluating MS4 fee programs and the kinds of factors that have been relevant in the courts’ deliberations.
This article addresses floodplain mapping to reflect climate change impacts such as flooding from sea level rise, reviews the legality of use of updated maps for land-use regulations, and cites court cases dealing with flood maps historically.
This Georgetown Law student report highlights the efforts of two communities to strengthen regulations after catastrophic flood events: Cedar Falls, Iowa, and Waveland, Mississippi. These case studies discuss the regulatory reforms the communities implemented and the lessons that can be learned from their experience.