Receiving Communities
Author
Ira Feldman - Adaptation Leader
Adaptation Leader
Current Issue
Issue
5
Duluth, Minnesota

As is well known in science and policy circles, civilization-altering climate change, marked by rising sea levels, floods, droughts, wildfires, and other natural disasters, is no longer a matter of if but when. Mitigation—reducing greenhouse gas emissions —by itself will not be adequate to attenuate some level of warming of the planet and its concomitant effects. If current trends hold, it is unlikely we will succeed in staying below either the 1.5 degree Celsius temperature threshold or even 2.0 degrees. Therefore, we must now also undertake methods of adaptation to ensure human society will be able to survive and thrive on a changing planet. Managed retreat—relocating communities threatened by climate change to more livable regions—is an extreme adaptation strategy that is grudgingly under discussion in an increasing number of locales across the globe.

While climate change will affect virtually everyone, the largely poor and densely populated areas of Latin America, South Asia, and sub-Saharan Africa are right in the cross-hairs. From desertification in Syria to sea-level rise in Madagascar to the cyclone-ravaged shoreline of Bangladesh, many of the countries least prepared to weather the storm, in terms of wealth and resources, will be hardest hit. According to the World Bank, these regions, which constitute more than half of the developing world’s total population, could produce 143 million internal climate migrants by mid-century. The number of cross-border climate refugees could reach as high as 1.2 billion by 2050, according to the Institute for Economics and Peace. Many of these international climate migrants will find their way to the United States.

In fact, one could argue they already have, as thousands massed on the south side of the U.S.-Mexico border flee not only political circumstances in many Latin American countries but in many cases also economic dislocations that have climate change as an important driver. These global flows on all continents create innumerable humanitarian and legal considerations, but in this article we focus on the more overlooked question of domestic climate displacement within the United States, which has its own legal and policy dimensions. One needs to add that flows of climate immigrants at the southern border will need to be addressed in their own context under international and domestic U.S. law, but that is beyond the scope of this article.

While we have already seen the beginnings of climate-induced displacement in the United States, most of the movement so far has been at the individual or household level, which is exceedingly difficult to track. Inevitably, we will experience a mass tide of people relocating great distances as their own communities become unlivable. The handwriting is on the wall for all to see if we dare to look at the latest messages: Forty million residents of the Southwest depend on the dwindling Colorado River, whose rate of drying up has already exceeded projections. The roughly one third of the U.S. population who live near the shore will have to contend with swelling seas. And more and more people are moving into those areas vulnerable to wildfire.

Last year, per Census Bureau data, 3.4 million Americans were displaced by a natural disaster, and 16 percent of them did not return home. That number is alarming, but these resulted from short-term events, not chronic conditions. In subsequent decades, domestic climate displacement will become a greater challenge in terms of numbers and complexity. Perhaps 13 million people in the United States will be displaced by the end of the century, according to Matthew Hauer. In a 2017 article in Nature Climate Change, he predicted that internal climate migration will “reshape the U.S. population distribution, potentially stressing landlocked areas unprepared to accommodate this wave of coastal migrants.”

However, despite the relatively recent attention to managed retreat in the planning processes of the already severely impacted regions around the globe, few in the United States have engaged with the equally thorny question of relocating the internally displaced climate refugees. Where will all these people go, and how will they be integrated into the places where they end up? Answering this important question requires that we begin to seriously focus on the receiving communities—the back end of managed retreat.

There is no strategy, no accepted best practices, no legal framework, and little serious research to prepare receiving communities in the United States for a massive influx of climate refugees. How will legions of displaced resettle and rebuild their lives after being uprooted in the climate crisis? How will receiving communities absorb, not the current limited flow of individuals and households, but the potential relocation of entire communities and towns in the tens of thousands? What role will government (at all levels) play in managing this unprecedented wave of migration, and how does that mandate intersect with the role of private industry, civil society, and other affected stakeholders in receiving communities? What will be the legal, regulatory, and policy implications at each level of scale?

We urgently need to start asking these questions, formulating answers, and testing possible solutions, because sooner or later, domestic climate refugees will be knocking on the door of towns and cities woefully unprepared to accept them. Between flooding, drought, wildfires, hurricanes, and other life-altering events, climate change is no longer a problem of the future, it is here today, and people are moving as a result.

Much ink has been spilled about those forced to relocate, but few are talking about the receiving communities where they will end up. Some researchers and journalists are starting to venture into this terra incognita of the climate discourse. Jake Bittle’s The Great Displacement: Climate Change and the Next American Migration examines the plight of people fleeing the parched fields of Arizona and the flood-prone lowlands of the Carolinas, in one of the few works to explore not just who is migrating, and from where, but the question of where they will land and what will happen to them. A few one-off journalism pieces have profiled towns such as Duluth, Minnesota, and Buffalo as potential “climate havens.” While recent reports by the White House and the Government Accountability Office have considered climate migration as a federal issue, the focus is largely on international-level displacement without actually contributing much in the way of a plan for domestic climate refugees. And Robin Bronen’s excellent law review analysis of the ongoing relocation of an Indigenous community in Newtok, Alaska, makes a clear-eyed plea for a comprehensive governance framework to aid relocating communities. However, she too says little about the implications for receiving communities, and how they might also take part in this framework.

To be clear, these piecemeal studies fall short of a concerted research agenda involving policymakers, experts, and affected stakeholders, much less anything resembling a broad plan of action. Additionally, our understanding of what to do and how to prepare is stymied not only by a lack of research but a lack of precedent. Past episodes of internal displacement within the United States offer no real road map. In the 20th century, the Great Migration of American Blacks from the Jim Crow South to cities in the North, Midwest, and West, and the westward flight of farming communities escaping the Dust Bowl, provide little more than cautionary tales, and certainly no model for how we might prepare receiving communities for the arrival of large populations of climate refugees. These past migrations unfolded in an ad hoc, individualized fashion, rather than under the aegis of a coordinated program. The migrants faced further woe on arrival in their new homes: Black transplants adapting to northern cities encountered entrenched racism and poverty, while migrant farmers traded the dusty, dying Midwest fields for subsistence living in communities that for the most part did not want them.

More recently, the exodus of people from Gulf Coast states following Hurricane Katrina and from Puerto Rico after Hurricane Maria might offer some clues about a way forward, but the applicability of their lessons is limited. For one, except for some patchwork support from aid organizations and the federal government, the movement of people from affected regions was not coordinated; it was a spontaneous disaster response rather than a planned strategy. Furthermore, these disasters were still relatively small-scale and localized compared to the coming sweeping climatological impacts. The timeline remains uncertain, but it is already clear that receiving communities in the United States will have to contend with an incoming flow of people at a drastically larger scale.

The case of Newtok, Alaska, whose population numbers in the hundreds, is also an inadequate template. Battered by erosion and melting permafrost, the community collectively decided to relocate to higher ground nine miles away, in concert with tribal, state, and federal authorities and NGOs that supported the plan. But that 15-year process cannot be described as a success—only 70 people have actually moved and at great expense. And Newtok is just one small town whose residents have the benefit of patience, advance planning, willing relocation (rather than being forced), and the limited assistance of authorities. Furthermore, the receiving community is only nine miles away and was built to accommodate them.

Given the scale and complexity of the potential challenge, it would be a grave mistake to let isolated communities, individuals, and families figure it out on their own, as swaths of the United States become increasingly incompatible with human habitation. There must be structure—rules of the game—to ensure that this gargantuan, unprecedented challenge is addressed justly, safely, and effectively, in a way that considers the needs of the migrants as well as the towns and cities that take them in.

An effective structure requires a coordinated framework of multilevel governance to enable receiving communities to fulfill their role, wittingly or not, as climate havens rather than chaotic way stations for the displaced. Such a framework will engage federal, state, regional, and local municipal authorities, in concert with employers, civil society groups, and other stakeholders.

Public-private partnerships—PPPs—will be key to crafting and executing such a plan. These formal relationships can harness the regulatory authority, mandate, and public funding of governments; the innovation, entrepreneurship, and resources of private industry; and the engagement of on-the-ground stakeholders in receiving communities to build durable, equitable, effective solutions.

One vision for the path forward suggests that a new Silicon Valley can take root in underserved areas whose preferable geography and ample natural resources are supplemented with the provisions of PPPs that can deliver the labor force, infrastructure, innovation, and capital—all rooted in an ethos of sustainability and social justice. These pilot programs could be replicated at scale if successful in the near term. We at Adaptation Leader and other neutral boundary organizations can coordinate experiments at various levels of scale, and across regions, as climate brokers on both the front end of managed retreat and the back end of receiving communities.

Federalism at least gives us a governing architecture to work with, separating powers among federal, state, and local entities. Ascertaining exactly who will be responsible, and for what, will be one of the foremost challenges. Adaptation is local by nature, but we also need the national reach, broad mandate, and vast federal government resources to unite disparate actors under one plan. Any successful approach must include both top-down and bottom-up components, ensuring that all affected, including migrants and the receiving communities, have a seat at the table.

We will also need to consider legal and constitutional questions. International treaties, namely the 1951 United Nations Convention Relating to the Status of Refugees, and its 1967 Protocol Relating to the Status of Refugees, enumerate the rights of refugees globally and defines responsibilities of host countries to civilians fleeing war and persecution. But those escaping climate disasters across borders do not meet the current criteria of refugee status, and the treaties do not govern internally displaced persons. Binding international agreements to address these gaps will help provide the vital legal architecture.

Thus far, we have mostly been talking about voluntary relocation. Is there the possibility that the state may compel Americans to travel to one place or another or forbid them from doing so, impinging on the freedom of movement? Who will move and who will stay? What about voluntary non-migration—already a real issue for some—that is largely livelihood-based? Is government-mandated relocation in the cards?

It is hard to fathom a forced-migration scenario, but it is also hard to fathom the inevitability of a world where millions of fellow citizens can no longer live safely in coastal cities devastated by flooding and hurricanes, or previously secure locales ravaged by drought, fire, and air temperatures the human body cannot withstand. The specter of limiting a constitutional right is likely to be met with serious opposition. Nonetheless, as we consider worst-case scenarios, there may be situations where such limitations on mobility may be warranted—such as when governmental authority can no longer provide for health and safety, when environmental conditions have degraded to the point of danger to human health, or when fragile and critical ecosystems become threatened and must be protected from further use.

The government might also find cause to exercise its power of eminent domain under the Fifth Amendment’s Takings Clause, which forbids “private property be[ing] taken for public use, without just compensation.” Though fraught with ethical considerations, this power has been used to enable large infrastructure projects in the past, notably, for example, the federal interstate highway system, a massive undertaking. Courts have interpreted “public use” flexibly, which means that the state could require mandatory buyouts of climate-endangered residences (a voluntary buyout program has already existed for some time), or invoke eminent domain to seize land in order to construct new residences or entire communities to resettle climate migrants. Potentially, a federally mandated climate displacement and relocation strategy might rely heavily on the use of federally owned lands as designated climate havens for certain populations. While such a strategy might avoid the takings question, it is sure to raise a panoply of other issues of first impression.

Once a governance and policy framework is in place, we can address the specific practical concerns receiving communities will face as they absorb climate diasporas. Practical considerations abound. Are there sufficient natural resources (water, land) to handle a population boom? Can the existing civil infrastructure, housing stock, and public schools accommodate a large population influx or will they buckle under the strain?

There is the prospect of impacts on the local economy. Housing prices may spike as arrivals scramble to find a place to live. Migrants are likely to settle in both urban and rural communities, which present respective challenges and advantages. For example, a report by Raleigh Tacy, Shameika Hanson, and Jessica Poulin, researchers at Antioch University New England, examined the probable effects of the climate diaspora in Vermont, which offers possible havens both urban and country. Rural development, especially when rapid and unregulated, can jeopardize the sensitive local ecology. Additionally, a lack of “zoning to prevent sprawl and promote compact development can lead to land fragmentation, erosion, diminished water quality, and infrastructure overload,” the researchers report.

Another concern is that mass migration is likely to amplify existing fractures in American society as perceived outsiders come into contact with established residents. If the racial, socioeconomic, or demographic makeup of the arrivals is distinct from that of the host community, tension may arise—a pattern described by cultural stress theory—a burden that not only international migrants commonly struggle with as they adapt to a new country. Such challenges have existed before climate change became a driver. Indeed, the term receiving communities was developed pre-climate change, referring to in-migration resulting from all drivers and motivations. Domestic climate migrants may encounter similar tensions as disparate groups unaccustomed to living alongside each other come into close (and perhaps abrupt) contact. Alternatively, harmful, long-standing patterns of racial and ethnic segregation in the places they left behind might recrystallize in their new communities.

Class conflict can also transpire as well-to-do locals may resent, or resist, the settlement of comparatively poorer residents. The opposite scenario is possible as well: a wave of well-heeled climate refugees landing in an economically disadvantaged area can raise the cost of living and spur interclass antagonism, as has been reported recently when, during the Covid-19 pandemic, affluent transplants from urban coastal cities bought up property in less wealthy rural communities in the mountain states.

Concerns about such climate gentrification have been widely reported, including examples in New Orleans, Miami, and the Hudson Valley. Clearly, receiving communities will need to employ an equity lens in their planning processes. As framed by the Georgetown Climate Center’s Managed Retreat Toolkit, this calls for decisionmaking and investments “reflecting—and not displacing—the needs, priorities, and historic and cultural character of current residents and neighborhoods.”

At the same time, we should temper our concerns about the problems receiving communities will face with an optimistic view of how future population flows may present opportunities for growth and revitalizing change, and for remaking marginal towns and moribund cities based on principles of sustainability and social justice.

One plus is that domestic climate refugees (who, for the most part, will speak the same language and share the same general cultural background) may be more easily resettled than foreign-born refugees, despite the vexing class and racial cleavages that exist in American society. But population movements can boost the economies of towns and cities that will benefit from the enlarged labor pool, entrepreneurial initiative, and new ideas that out-of-towners bring. Communities need people to thrive—the arrival of too many people can be overwhelming, but the right amount of inflow can be beneficial.

Sociologist Matthew Hoffman, writing in VT Digger, comments on the Remote Worker Grant Program that offers cash incentives for out-of-state workers to move to Vermont. Noting that population growth can be economically revitalizing, while acknowledging that the state’s land is being developed at an unsustainable rate, Hoffman raises the point that growth must be planned and coordinated, in accord with a principle of compact development, to offset the effects of overdevelopment and destruction of Vermont’s beloved natural landscapes. The same lessons can be applied to climate receiving communities: welcome and perhaps financially subsidize the arrivals not as an act of charity but as a boon to towns and cities, while keeping a lid on wanton development. Social harmony is, like ecology, a delicate balancing act between competing interests, but under the right conditions, can be symbiotic.

The key is to actively manage a new population influx rather than letting the chips fall where they may—another reason to develop a plan now, when time is still on our side. The climate diaspora will be characterized not only by a flow of people but of capital and ideas—ingredients that can power growth. These new inputs can provide the impetus for germinating a thriving new social ecosystem in climate havens—if we do it right.

Recognizing this fact, some forward-looking cities and regions have already started to tenuously explore a future role as a climate haven. Duluth has been touted (in the press and by the mayor) as one such place. Buffalo’s mayor has dubbed New York’s second-largest city as a “climate refuge city.” Many communities, especially in the deindustrialized Northeast and Upper Midwest, that should be relatively insulated from the worst effects of climate change might experience a reversal of their long period of Rust Belt decline by welcoming citizens fleeing inundated coastlines and rapidly warming southern and western states. Slowly, this reality is moving from the cloistered discussions of think tanks and government committees and entering the public consciousness. Letters in local papers are a bellwether for the coming change, as in a December 2022 letter by journalist John Hiner, a lifelong Michigan resident, who writes optimistically of his state’s future role as a climate haven while expressing misgivings about its infrastructure and housing capacity, a problem (or opportunity, depending on how one looks at it) that requires “preparation on a grand scale.”

Preparation is the watchword, and federal, state, and local governments should enact specific policies, and provide necessary resources, to support receiving communities. First, preparatory work is essential—perhaps funded federally but coordinated and implemented locally, to develop cultural competency, assess communities’ capacity for receiving migrants, develop a system of recordkeeping and information sharing (among agencies, groups, and state actors), and bolster social programs that will assist migrants in finding housing, employment, and other social needs.

Welcome centers in receiving communities can provide an identifiable physical location where resources and programs are consolidated under literally one roof, and may also serve as a way station for climate refugees seeking to be settled. For example, Florida officials opened a welcome center at Orlando International Airport where Puerto Rican citizens fleeing Hurricane Maria could be informed about housing, health care, and disaster assistance. A similar program was set up in Houston for Louisiana residents displaced by Hurricane Katrina. However, these centers were created with a short-term outlook as a form of emergency support, rather than a sustainable, long-term response to the much broader and more drawn-out problem that will confront us. Hastily erecting support hubs in the aftermath of one-off disasters will not be adequate for climate change receiving communities. We must lay the groundwork now.

Moreover, we will need to expand federal assistance to states, municipalities, and individuals. Current federal grant programs related to disaster relief are not suited to the projected needs of receiving communities. HUD’s Community Development Block Grant–Disaster Recovery, for example, is tailored to recovery, rather than the secondary impact of migration. However, as Rachel Bogardus Drew and Ayate Temsamani note in a 2023 policy brief on “Preparing Receiving Communities for Climate Migration,” there is some leeway in how these funds can be applied, so shifting from a more reactive, disaster recovery approach to a proactive outlook is prudent; namely, by “hiring staff to develop and manage migrant-specific systems, expanding existing public assistance programs to meet higher demand, and supporting community institutions directly engaged with the migrant population. It could also be used to expand housing options and affordability in receiving communities with tight private markets through the building of more resilient housing that can withstand future harm, thereby stopping the risk cycle for receiving communities facing their own climate impacts.”

Meanwhile, governments should work hard to bolster public transit options, ideally by actually building transit infrastructure (expanding bus lines and routes and constructing mass transit systems), but if that is not feasible, then by subsidizing transit passes for climate refugees. Providing new arrivals a means of conveyance is essential to effective integration with receiving communities. Encouraging mass transit use will also be environmentally preferable and mitigate traffic problems that result from an influx of new motorists.

That last measure highlights an important point within the discussion: preparing receiving communities for the road ahead will work best when guided by an ethos of sustainability—which we define as an integration of environmental protection, responsible economic development, and social justice. Adaptation is not merely a question of moving people from one abode to another, but about changing how we live to ensure our continued survival as a species. After all, we cannot supersede the climate crisis by simply relocating the same ecologically and socially destructive habits that created the problem in the first place.

Launching small-scale pilot projects will be key to assessing which places and approaches are suitable for the job. We should look to prior experiments with “intentional communities,” such as transition towns and eco-villages — particularly those with an ecological outlook or focus on sustainability — for ideas and models we might adopt at a larger scale.

Pilot programs will also depend on pioneering Americans willing to undertake these experiments in the near term, when relocation may not be imminently necessary—and they are, indeed, experiments, many of which may fail. We must innovate, iterate, and undertake a process of trial and error to see what works and use the resulting knowledge to build a framework at scale. And that depends on structures and institutions, such as government and industry, as well as individual actors—the residents themselves—working in concert.

Some first movers (a phrase taken literally here) will be ideologically or philosophically inspired by the prospect of collectively building a new way of life and forming part of the vanguard of a solution to a global problem with existential stakes—just as idealistic, restless, community-minded Americans in the past have picked up their stakes and reconstituted intentional communities based on shared ideals.

If ideological motivation is not sufficient, financial or material incentives may encourage involvement. These could include grants, low-interest loans, or housing vouchers that encourage residents of high-risk zones to put down roots in designated climate havens, not unlike the program of land grants that inspired Americans in the 19th century to venture across the frontier. The federal Department of Housing and Urban Development’s “opportunity zone” initiative, where underserved areas benefit from special tax advantages to spur investment, is another potential model.

The impact of climate displacement may be understood not merely as a “cost” (as staggering as that cost will be) but as an opportunity for economic renaissance in parts of the country in need of fresh blood and new life. Looking further ahead, we might encourage city-to-city programs (the pairing of “sister cities” that facilitate the relocation of residents from one to the other), state-to-state compacts, or region-to-region pipelines.

For example, a city in South Florida threatened by sea-level rise could partner with a destination city in Nebraska or Michigan, forging a path along which people and businesses may be relocated. If private-sector partners were involved in the overall relocation plan then it might be possible to package populations with a dedicated business opportunity for that potential workforce. One of the great misfortunes of displacement is the destruction of long-standing social ties and business ecosystems. To the extent these networks can be reconstituted in receiving communities, it will make adapting to the climate crisis much more palatable.

The coming tide of climate migration within North America will unleash an unprecedented period of social upheaval that will require experimentation, trial and error, and clarity of purpose. To avoid crisis conditions in localities across the country, we need a national strategy where decisionmakers at each level of scale have defined roles. Any such effort will have to be forward-thinking, so that those households that must relocate can do so preemptively and as part of an organized, well-supported, private-public project, rather than waiting until the floodwaters are at one’s door. An organized relocation, supported by a multi-governance approach, is infinitely preferable to a madcap scramble on a mass scale.

Getting there requires a research agenda and pilot projects that test assumptions and approaches and encourage, not hinder, new cross-jurisdictional arrangements. Ongoing interdisciplinary dialogue has already brought together a core group of policymakers and professionals—individuals who have already recognized that a solution depends on transcending our traditional ways of thinking and our respective professional silos. This core group is a laboratory for innovation focused on possible solutions to a civilizational crisis. But there are many more experts—government officials, urban planners, scientists, sustainability-minded businesspeople, etc.—who have been mitigation-oriented when it comes to climate action; now they must also engage in the adaptation discourse to contribute their valuable perspectives.

A cookie-cutter solution will not be adequate to address the varying needs and conditions of different receiving communities. The climate adaptation field will need to help structure the rules of the game for receiving communities, including processes and procedures that are realistic and equitable. We also need to develop the metrics and tools to anticipate and manage the many economic, social, and environmental challenges and opportunities.

With adequate preparation and investment, when the climate creates an acute shock or chronic stress in an area, receiving communities can be prepared to welcome the displaced, and not be concerned that their way of life will collapse as large numbers of transplants rush in—that in fact they will be enriched. No one is promising it will be easy or quick. But it must be done, starting now. TEF

CROSS-EXAMINATION When climate change forces an exodus from affected regions, where will the displaced go? This is a worldwide issue and also one that will affect the United States internally, as coasts flood and high temperatures and water shortages force domestic relocation.

At What Cost Is Carbon Neutrality?
Author
Danielle Stokes - University of Richmond
University of Richmond
Current Issue
Issue
5
Parent Article
Danielle Stokes headshot

Monetary values are ascribed to everything in regulatory policymaking—even human life. The question of how much often supersedes concerns about the impacts of the regulation itself. One example is policymakers’ attempts to quantify the “social cost of carbon.” But a just transition from fossil fuels will require qualitative measures in addition to such a financial calculus.

The concept of a just transition is deeply interwoven with principles of sustainable development—changing our ways to create regenerative, interconnected, just, and thriving economic systems and communities. In the world of sustainability, costs are but one factor to consider when planning for the future. Indeed, the sustainability framework is based upon the Three Es: environment, economy, and equity. Economic impacts take precedence over the other two within our current regulatory regime, but that need not be the case.

These ideals hold true for developing a resilient energy sector. Energy policy is powered by economic analysis. Discontentment with environmental regulations and the procedures required by the National Environmental Policy Act and other statutes is most often related to costs, as measured by the time and financial resources necessary for compliance. These concerns are valid, but do not warrant a one-size-fits-all response—which all too often has meant circumventing environmental assessments and community participation.

Sustainability and justice in the energy transition calls for a balancing of interests rather than relying upon economics as the core from which decarbonization originates. Instead, regulations that are dynamic and require all elements of sustainability to be assessed and incorporated methodically allow for more comprehensive and resilient policymaking. It is important to show that a carbon-neutral deployment scheme can be developed that is environmentally sound, expedient, and equitable.

This is not to say that value cannot be derived from existing regulatory structures. Nearly all utility-scale renewable energy projects trigger NEPA or a similar state-mandated review process. While these assessments can be inefficient and counterproductive to the goal of rapid deployment to achieve net-zero by 2050, they serve a necessary function. Without statutory mandates to consider environmental impacts and meaningful involvement of marginalized groups, the energy transition will likely succumb to the traditional winners-and-losers scenario, with environmental justice communities bearing the brunt of the burden.

The newly reorganized Alliance for Tribal Clean Energy serves as one exemplar for integrating principles of sustainability into renewable energy deployment. It incorporates a top-down and bottom-up collaborative structure whereby grassroots perspectives shape where and how public and private funding is dispersed. ATCE’s breadth of policy considerations is particularly noteworthy.

ATCE’s approach to renewable energy development is grounded in community trust and culturally cognizant land management. The group recognizes the need for financial partners to achieve their development goals, but does not promote economic benefits at the expense of other values. ATCE’s plan for building capacity via strategic master planning, education, and training is by no means novel, but offers unique insights into how energy values can be reimagined.

Climate risks demand new regulatory structures that appreciate all costs. Reframing and revising these structures may mean looking to other cultures for guidance, relying more heavily on local communities’ place-based understandings, and reconceptualizing the values within cost-benefit studies and other economic analyses. The federal government’s call to modernize regulatory review provides an opportunity to incorporate complementary perspectives into traditional policymaking. Transitioning to a carbon-neutral society will inevitably be an ongoing, iterative process. For the transition to be just, we must consider all costs.

Depoliticize to Decarbonize
Author
Joel B. Stronberg - JBS Group
JBS Group
Current Issue
Issue
5
Solar Panels

The science community warns that the world is fast approaching a temperature increase threshold of no return—1.5 degrees Celsius, the “aspirational” but necessary ceiling of the 2015 Paris Agreement. Beyond that point, many of the changes we are now seeing—more damaging storms, habitat loss, prolonged droughts in vital agricultural regions, cities flooded by torrential rains and rising oceans, climate-driven migration—continue to increase in severity, scope, and frequency.

To avoid the worst global warming has to offer requires nations to replace fossil fuels with cleaner alternatives like solar and wind at a rate and scale never before attempted in an energy transition. According to the White House, achieving the president’s goal of reaching net-zero for U.S. greenhouse gas emissions by 2050, and for the rest of the world to follow, will “require a nearly complete transformation of today’s energy system—which relies on fossil fuels that emit carbon dioxide in meeting 80 percent of global demand—to one that relies on zero- or negative-emission technologies.” The White House clearly views the situation as an opportunity for America to lead by example, and this article will look at whether that is possible (the answer is a clear yes) and whether it is likely. The answer to that depends on the ability of leaders at all levels to heed human nature.

To start, can the United States replace fossil fuels with wind, solar, and other clean technologies at a pace and scale capable of accomplishing a nearly total metamorphosis of its energy systems—in less than thirty years? That would mean setting a rigorous and stable standard on how to establish and achieve emissions goals and work with all sectors to realize them—a questionable assumption that is at the crux of the issue. That includes industry as well as the population as taxpayers and energy users. And as voters. There are also other stakeholders—including communities affected by new facilities and infrastructure.

Second, is the task technologically realizable? In theory the United States can reach net-zero by 2050. And in so doing, one of the globe’s leading emitters can serve as both an example for other countries and as a purveyor of world-class, innovative American clean energy technologies. History has shown that the United States almost always accomplishes whatever it sets its collective mind on doing—whether that’s to help win a world war, land astronauts on the Moon, place a powerful folding telescope in space that can see back to the Big Bang, or formulate a vaccine against a heretofore unknown killer virus in less than a year.

On paper, transitioning the nation to a low-carbon economy seems an eminently doable task—when looking at the scale and the available resources. Analysts at the National Renewable Energy Laboratory have concluded that current clean technologies coupled with a flexible grid could reliably supply, on an hourly basis, 80 percent of 2050 electricity demand. It is not hard to imagine new technologies will fill the gaps and address other sources of greenhouse gas emissions by mid-century. For example, medium-sized geothermal plants can supply low-cost heating and cooling to existing neighborhoods while new construction prioritizes net-zero housing. Skyscrapers with no emissions are already being built. Green hydrogen can free industry from its dependence on fossil fuels and also run fleet vehicles and long-distance trucks.

Having the needed technology means the emphasis of our analysis will now be on widespread deployment. Markets are proving to be accepting of solar and wind power. And momentum for the transition has long been building in the private sector. But corporate America cannot accomplish the transition on its own—the task is too big and requires national coordination and standard-setting, with state and local implementation. Only government at all levels can gather the entire cast of needed players.

There are several relevant trends. For instance, recent commitments by the auto industry show it willing to manufacture only electric vehicles by the midpoint of the next decade. The White House and Congress are providing stimuli to the carmakers with the recent passage of the Infrastructure and Investment Jobs Act, the Inflation Reduction Act, and the CHIPS bill. These measures coupled with pledges from Detroit and the renewables sector are a firm foundation that increases the probability of achieving President Biden’s net-zero goals.

Accomplishing so total a transformation of the economy within the 2050 timeframe is problematic. Standing in the way are practical and political problems that must be resolved. Not the least of these is resistance to large, utility-scale solar and wind projects at the neighborhood level. The community is a critical—if complicated and conflicted—stakeholder that cannot be ignored. A study by Columbia Law School found that “228 local laws, ordinances and policies have been enacted in 35 states to restrict renewable energy.”

Meeting the nation’s power needs with solar, wind, batteries, and other clean options requires installing new wind capacity at six times the rate of 2020. For rooftop and utility-scale photovoltaic installations, the expedited rate is nearly four times that accomplished in 2020. Becoming a renewables economy will change the energy landscape—both figuratively and literally. Solar and wind need up to ten times the land per unit of produced power than fossil and nuclear power plants. Currently, the nation’s energy footprint is 81 million acres of land—about the size of Iowa and Missouri combined. Acreage estimates for renewables vary between the models and depend on the assumptions used to run the programs. NREL researchers estimate that 22,000 square miles of photovoltaic panels would be needed—roughly the size of Lake Michigan. At 20 percent efficiency, a conversion rate thought possible by solar experts, land drops to 10,000 square miles—roughly the size of Lake Erie. According to analysts, up to 250,000,000 more acres of land will be needed for onshore wind farms and 15,000,000 for offshore projects—roughly equivalent to the combined acreage of Arkansas, Iowa, Kansas, Missouri, Nebraska, and Oklahoma. Land will also be needed for new transmission lines. Between 1,400 and 10,100 miles of new high-voltage lines will be needed annually by 2035. Rolling out renewables at the above scales means that a lot of communities will be affected; indeed, overcoming resistance at the local level may be the biggest outstanding challenge in achieving net-zero.

The wide range in estimates reflects how much is not yet known about where the new generating facilities will be sited, their distance away from the grid, and where the end users are. Obtaining the needed permits and rights of way add layers of complexity and additional time to the project approval process.

Including nuclear in the mix would both reduce greenhouse gas emissions and land requirements. However, entrenched opposition and strict environmental regulations mean nuclear projects will take much longer to commission and complete than solar and wind. The Energy Information Agency is projecting nuclear will be a declining part of the mix—going from today’s 19 percent to 12 percent in 2050. As time is of the essence, nuclear contributions remain problematic.

There are systemic legal choke points that slow the deployment process—often to a crawl. At the federal level the National Environmental Policy Act requires reviews for any project on federal lands or with federal funding or involvement. NEPA requires an Environmental Assessment when the impact of a project is unclear. An agency may take a year or longer to complete an EA. If the EA concludes that a project needs a full-blown Environmental Impact Statement, then a notice of intent to conduct the study is published. On average, an EIS takes 4.5 years to complete. The Fiscal Responsibility Act of 2023 extending the U.S. debt limit also included provisions designed to streamline the NEPA process. The new law places a one-year limit on the time required to complete an assessment and two years for an impact statement. Other changes should be considered. Would it not be possible to amend NEPA to permit master environmental assessments and studies, leaving decisions on the particulars of any given project subject to staying within broad guidelines? In addition to NEPA states have their own laws governing required environmental impact studies. It is not unusual for a project to be subject to both federal and state laws and even municipal restrictions. A solar farm may be on federal lands, while new transmission lines cross private and state properties—each subject to a different set of evaluation, permitting, and licensing requirements. Clearly, reforms are necessary in the siting process if we are to meet the 2050 goals.

It can be difficult to tell whether a government is being cautious because of the environmental harms involved or to reduce the risk of litigation. Both incur avoidable delays that we need to get serious about reducing. Although substantive assessments and impact statements can provide a defense in case of a lawsuit, they don’t ensure that a legal challenge won’t be levied with its attendant costs and delays. Since lawsuits can be filed by citizens who are affected by a project, litigation is one of the biggest drags on a timely transition to a decarbonized economy.

The NEPA process isn’t the only one that creates project delays. The Clean Air Act and Administrative Procedure Act guarantee citizens an opportunity to comment on proposed rules. Transparency and public input are sound governance practices, but the requirements can put a heavy burden on agencies. Four million comments were submitted to EPA prior to the issuance of the Clean Power Plan, President Obama’s legacy climate policy that ran afoul of the Supreme Court.

Surely there are ways to shorten the notice-and-comment process that wouldn’t compromise the health and welfare of a community. Or the success of a project. Since the 1980s, scholars have found that the failure to include public input at the earliest possible opportunity complicates and extends the project-approval process—often leading to abandonment of the proposal. A study of 53 utility-scale renewable energy projects that experienced community resistance sought to build on earlier works by answering the question, Why wouldn’t a community want to have a renewable energy power project given the environmental, health, and economic benefits that would likely accrue? The studied projects were located across 28 states. The sources of power included solar, wind, and geothermal. In both their original research and their survey of the literature, the researchers found that individual reasons for resistance can be quite different—even conflicting.

The Susskind, et al. study confirmed earlier findings of researchers like David Bidwell from the University of Chicago and others that the reasons for opposition go deeper than what is generally referred as NIMBYism—Not In My Back Yard. The reasons for resistance varied. They include potential negative impact on property values; the lack of transparency on the part of government siting commissions; a belief that alternatives have not been fully considered; infringement of tribal rights; environmental concerns, e.g., water pollution; conflicts between local, state, and federal governments; aesthetics; and, partisanship.

It’s a mistake to think that because people believe the climate crisis is real and support the transition from fossil fuels that they are guaranteed to welcome a utility-scale wind or solar farm in an otherwise rural setting. Ironically, opposition to a project may be one of the few places climate deniers and environmental defenders are able to find common ground.

In most cases, opposition to a project involves a combination of motivating factors. The proposed Cape Wind Project would have located 130 turbines spaced over almost 25 square miles on Horseshoe Shoal in Nantucket Sound. The farm would have been the nation’s first offshore wind project and would have supplied power to 200,000 homes on Cape Cod and spur the building of other farms up and down the East Coast. The reasons for Cape Wind opposition differed. The area’s economy relies heavily on tourism and fishing. It’s also a seasonal home to many wealthy and politically influential families, many of whom opposed the project. Among the challengers was the Wampanoag Tribe, who claimed the project was to be built on sacred ancestral lands. Other objections included environmental concerns involving losses to commercial fishing and property values, regulatory issues, and aesthetic changes to an iconic American seascape.

There are other examples. In 2017, Georgetown University inked an agreement with MD Solar 1 to construct a 100,000-panel, 32-megawatt solar project on a 537-acre tract in Charles County, Maryland, about 30 miles from its campus. The project was part of the university’s overall commitment to reduce its carbon footprint in part by shifting to electricity generated from clean sources. The proposed project would have supplied over half the university’s demand.

To make room for the panels and remove any obstructions to sunlight, the developer planned to clear-cut 210 acres of trees. The proposed chop was opposed by local environmental organizations like the Audubon Naturalist Society (now Nature Forward) and the Southern Maryland Sierra Club. As in the Cape Wind example, concerns varied. The potential negative impact of the lost trees on wildlife and water sources flowing through the property and ultimately into Chesapeake Bay prompted the project’s rejection by Maryland’s environment secretary. Problems included not just the environmental impact but also the lack of public input, and intergovernmental conflicts between the Maryland Public Service Commission and the state’s Department of Environment. The project was cancelled. The university has since entered into a 15-year agreement for the purchase of power from 11 existing solar farms in Maryland and New Jersey.

Pushback on energy projects can take different forms, including legal challenges and political campaigns. A 2021 Ohio law allows county governments to create exclusion zones where no utility-scale solar or wind project can be sited. Thirteen rural counties have availed themselves of the law. An effort by Apex Clean Energy to override the denial of its plan to construct a 300-megawatt project in Crawford County ended up on the November 2022 ballot. The ban was upheld by voters, while the debate leading up to the election was fraught with alternative facts.

One can’t help but wonder if the Cape Wind and Georgetown projects couldn’t have been saved if in responding to community concerns the developers had considered alternatives to the original design. There are multiple ways to hide solar installations using berms and plantings. In the case of Georgetown, perhaps a smaller solar farm would have been more acceptable, making up for the lost panels by using the rooftops of university buildings or partnering with the many big box stores in the Washington, D.C., metropolitan area.

Opposition to solar projects in semi-rural and rural communities often revolves around the concern that lands used for a solar farm will no longer be used for agriculture. Increasingly, however, developers and farmers are finding ways to produce both power and foods. With the world getting hotter, cash crops like tomatoes are being threatened. A new industry is cropping up in response to such citizen concerns. Under the banner of agrivoltaics, farmers are shading tomato plants under the panels. Developers are meeting the challenge keeping down weeds, grasses, and saplings using goats and sheep to do what they do naturally.

The Cape Wind project failed but it’s not as though all proposed wind projects off the Massachusetts coast have been rejected. Offshore wind projects like the 800-megawatt Vineyard Wind have been approved. Vineyard Wind is 15 miles south of where Cape Wind would have been built, and thus further out to sea.

Different sites require different responses and not all responses will clear away the opposition. However, developers need to be willing to engage communities on a basis other than “take it or leave it”—rather, an approach that asks how can a proposed project meet community concerns as well as a developer’s needs. Will flexibility always lead to a successful conclusion? No, but it will certainly increase the rate of acceptance.

It doesn’t help any that U.S. climate policy is a hostage of America’s culture wars, in which party affiliation tends to dominate all other issues. As a consequence, rational policy is constantly being buffeted by political winds too often blowing in different directions. Among the first actions of every president beginning with George W. Bush has been to rip up the climate-related executive orders of their predecessors. As with many issues of the day, Democrats and Republicans view the world through much different lenses. Substantial differences are consistently seen in voter surveys. Democrats and independents view climate change as real and place a high priority on combatting it. Republicans tend to believe that the science is unclear and that government proposals will fail if attempted—and that the matter is best left to the private sector.

An inverse relationship exists between the time left to complete the sum of actions to stay on the right side of the temperature threshold and the intensity of effort to slow and ultimately reduce the presence of greenhouse gases in Earth’s atmosphere. Change of the magnitude needed to transition the United States to a low-carbon economy will take time—to draft and finalize new codes and regulations covering nearly every aspect of the built environment and how energy is created and used. So will construction of new power-generating facilities and the build out of the infrastructure needed to connect them to the grid. And as will happen when electrifying the transportation sector.

Passage of the IRA, infrastructure, and CHIPS and Science acts are a credible start to a decade of deployment of proven, cost-competitive solar and wind projects. If implementation of the IRA all goes according to plan, the United States would make significant progress toward the Biden administration’s goal of reducing emissions by at least 50 percent from 2005 levels by 2030. When was the last time a government policy—especially one with as many moving parts as the IRA and the infrastructure law—was rolled out as envisioned? It’s an immutable law of governance that stuff always happens.

Voter surveys have for years shown a majority of Americans expressing concern for the environment and a belief that climate change is real. A Pew Research Center survey conducted in January 2022 showed that 42 percent of American adults think climate change should be a top priority of Congress. The survey also found that 75 percent place blame for climate change where it belongs, on human activity and burning fossil fuels. A high number (69 percent) of survey respondents also think developing clean energy alternatives is important and that the United States indeed should be carbon neutral by 2050.

The number of Americans who believe climate change is real and clean energy alternatives are an answer has been generally rising for a decade or more. But survey numbers can be misleading. The high percentage of respondents that are understandably concerned about the consequences of climate change is rarely reflected in the top priorities of voters. Maggie Koerth at FiveThirtyEight writes that the “relationship between voters and climate policy has long fallen under the label of ‘it’s complicated.’ There is an established gap between what voters say they want—action on climate change—and what they’re willing to do to achieve that.”

The nation can no longer afford incremental change in its efforts to deploy available clean energy technologies at the pace and scale needed to avoid the worst consequences of Earth’s warming. The sweep of needed changes requires the rarest elements of all these days—trust and confidence in our elected decisionmakers and government bodies. But American’s confidence in its major institutions is at a historic low. Recent Gallup polls show that only 7 percent of those surveyed have much trust in Congress. For the presidency the number is 23 percent, while trust in the Supreme Court to keep politics out of its decisions rests at 25 percent and is going lower. Trust is better at the state and local levels, but only in comparison. A Pew Research Center survey showed trust at 54 and 66 percent respectively.

A lesson of the pandemic was the willingness of many Americans to get their information from political ideologues over the evidence of experts, including government bodies like the Centers for Disease Control. A study by Johns Hopkins University public health experts found that more than demographics, and at least as much as partisan identification, the factor that distinguished doubters from believers was their trust in science. A recent Gallup poll showed only 45 percent of Republicans trust science compared to Democrats and independents at 79 and 65 percent, respectively.

Missing from today’s debate on climate change—including its causes and consequences—is a national, nonpartisan, science-based narrative of the issue. It’s hardly surprising how little agreement there is on possible solutions given how little agreement there is on the nature of the problem.

Throughout the studies on the causes of opposition to utility-scale solar and wind farms is the consistent observation that transparency and early involvement of the public in the siting process can overcome many of the barriers. Other lessons learned from opposition to proposed large renewable energy projects include knowing the alternatives—the criticality of rewarding communities for accepting large-scale projects, for example by offering discounts on local utility bills or investments in community projects.

The timely decarbonization of the U.S. economy requires depoliticizing the climate debate at least to the point where most are singing in the same key. Admittedly, it is difficult to conceive of how that might happen given the levels of mistrust and the amount of misinformation that characterize the current debate. For the answer to that, I turn to the media scholar and visionary Marshall McLuhan, who believed “there is absolutely no inevitability as long as there is a willingness to contemplate what is happening.” I would add “truthfully” before the word “happening.”

Through whose eyes should what is happening be described? If the message is mistrusted, then perhaps it’s the messengers we should focus on. That medium, as McLuhan would have us say, defines the message and shapes the debate. But the disparity in world views from different media outlets undermines the social consensus needed for McLuhan’s prescription of “willingness” to take hold.

There’s no single solution for speeding up the deployment of clean energy alternatives and the needed infrastructure because there is no single issue preventing their widespread adoption at the pace and scale capable of closing the distance between where we are and where we need to be to stay on the right side of the temperature threshold to avoid the worst consequences of Earth’s warming.

A concurrent approach to streamlining the project approval process up and down the line means attempting to change NEPA and a host of other laws, from the federal to the local levels, including who has standing to sue and on what grounds. Change of this magnitude will be looked at suspiciously. Questions having to do with the willingness to streamline the NEPA process for renewables like solar and wind, but not for fossil fuels, must be addressed and in a nonpartisan manner.

If, as a nation, we are not to march backwards into the future, then voters must be given a much clearer understanding, in terms they can relate to, of why the transition to a low-carbon economy is needed and their individual and collective roles in bringing it to fruition. Resistance to solar and wind farms comes about largely because of misinformation and mistrust. Crucial to the successful siting of large-scale wind and solar projects is early engagement with the candidate communities in semi-urban and rural areas unaccustomed to such installations and wary of the reasons they are needed. Siting is not rocket science. But it is a people game. Solving tomorrow’s siting problems is really more a matter for the social sciences than the physical. Developers need to be mindful of the concerns which motivate and frighten people. The earlier problems are identified, the earlier they can be resolved. But flexibility is required.

If a community is concerned that the presence of thousands of unsightly solar panels will compromise the rural nature neighborhood, a developer should be willing to employ design features, such as setbacks and plantings, to reduce or solve the problem. If the community views the loss of agricultural lands as a deal breaker, then agrivoltaics may be the solution.

Too often in the effort to save Mother Nature, we forget about human nature. For as long as climate change continues to be a part of today’s culture wars, it will be impossible to deploy clean energy technologies at the scale and pace needed to avoid the worst consequences of climate change. It’s unrealistic to think the transition to a low-carbon economy will happen without stable bipartisan collaboration. The simple truth is that to decarbonize, the nation needs to depoliticize climate change. TEF

OPENING ARGUMENT Too often in an effort to save Mother Nature, we forget about human nature. Solving problems with rolling out clean renewable energy is less a matter of the physical sciences than the social sciences—overcoming users’ habits and project resistance at the local level.

Policy Implications of Overshooting Global Temperature Increase Goals
Author
Joseph E. Aldy - Harvard Kennedy School
Harvard Kennedy School
Current Issue
Issue
5
Joseph E. Aldy

The summer of 2023 witnessed numerous declarations of Earth’s hottest day on record. And yet, this summer may go down as one of the coolest for the balance of this century. As I noted in the last issue, efforts to decarbonize the global economy will likely be insufficient to meet the Paris Agreement goals to hold temperature increases well below 2°C and to aspire to limit warming to 1.5°C. Overshooting the goals will have important policy implications.

The warming planet will increase human suffering. Climate change has extended and amplified forest fire seasons. This year, Canadian forest fires caused New York and other major cities to experience levels of air pollution they had last seen in the 1970s. Long-lasting heat domes imposed extreme temperature stresses over large populations in the United States, India, and elsewhere. The unprecedented flooding in Pakistan last year—displacing tens of millions of people —reflected again how climate change exacerbates natural disaster risks.

Building on the growing confidence in attribution science—identifying and assessing how a warming planet causes these extreme events—more and more countries are calling for compensation for their climate change-related “loss and damage.” This issue received considerable attention at the 2022 UN climate talks in Sharm El-Sheikh, Egypt —see my January-February column. Loss and damage will again be a key topic at this year’s climate talks in the United Arab Emirates, where governments will seek agreement on who will pay into a compensation fund and who will receive payouts and for what kinds of losses.

The changing climate will induce many people to move, both within and across national borders. In some least-developed countries, heat and precipitation stress have driven farmers to relocate near cities. Some research suggests that climate change can exacerbate conflict, which in turn forces migration. In cases where migration may reflect existential threats—such as entire island states escaping rising waters—then the movement raises questions of sovereignty and identity. Large-scale migration may result in economic and social conflicts, especially given some of the recent political opposition to immigration in the United States and Western Europe. Planning for migration may enable more people to avoid the worst suffering of climate change and at lower costs.

As the planet overshoots our temperature goals, there appear to be only two types of strategies for mitigating climate change risks—strategies that could reduce temperatures during this century. One strategy, carbon dioxide removal, requires the direct air capture of CO2 and subsequent storage of the captured gas deep underground, in deep ocean waters, or in solid materials.

Carbon dioxide removal could lower temperatures if it is scaled to a level, when combined with other efforts to decarbonize the global economy, that results in more carbon dioxide removed from the atmosphere than added through human activities. With initial commercial-size projects currently in the deployment stage, we will learn more about the potential economics and scale of this technological strategy. It is unlikely, however, that we could scale this up to realize a net-negative flow of greenhouse gases to the atmosphere, until we have nearly decarbonized the entire global economy later this century.

The other strategy, solar geoengineering, relies on the injection of small particles into the upper atmosphere to block a small fraction of incoming sunlight. While carbon dioxide removal aims to reduce the stock of atmospheric carbon dioxide to lower temperatures, solar geoengineering aims to lower temperatures for a given level of carbon dioxide in the atmosphere. Preliminary estimates suggest that launching solar geoengineering interventions—flying high-altitude airplanes to inject particles into the air—are technologically feasible at fairly modest costs. The prospect that any one country could undertake solar geoengineering has raised questions about the need for international governance.

These various options have drawn increased policy attention. The White House Office of Science and Technology Policy recently issued a congressionally mandated research plan and research governance framework for solar geoengineering. The European Commission emphasized the importance of understanding the risks associated with solar geoengineering, advancing its governance through a recent statement on climate change and national security. The Climate Overshoot Commission, composed of former heads of state, ministers, and environmental leaders, will issue recommendations on strategies to help manage the overshoot of the Paris temperature goals. Expect greater debate about the role of the public and private sectors in advancing these efforts to manage climate change risks and complement decarbonization efforts.

Policy Implications of Overshooting Global Temperature Increase Goals.

Green Amendments: Lessons From Hawai’i, New York, and Montana
Author
Bethany A. Davis Noll - NYU Law
NYU Law
Current Issue
Issue
5
Bethany A. Davis Noll

Green amendments are sprouting up in state constitutions around the country and are starting to be tested in court. These provisions generally guarantee a right to a clean and healthy environment and, if recent cases are any indication, they may have teeth.

In a case earlier this year, the Hawai'i Supreme Court relied on the state’s constitutional right to a “clean and healthful environment” to reject a greenhouse-gas emitting project. In that case, Hawai'i Electric Light Company had asked the state Public Utilities Commission to approve a power purchase agreement with Hu Honua Bioenergy, LLC. Under the agreement, Hu Honua was planning to use an abandoned power plant to burn trees to create energy and sell the energy to Hawai'i Electric, thus creating an ostensibly renewable biomass power source.

A local community group challenged the agreement, and the commission held a hearing where it found that the new facility would generate significant greenhouse gas emissions through trucking and then burning the trees. The company claimed it would plant trees to offset the emissions, but the commission found those claims were based on speculative and doubtful evidence. The commission rejected the agreement, holding that the project was not in the public interest.

Hu Honua challenged this decision in an appeal to the state’s Supreme Court. The court rejected all of the company’s arguments—relying expressly on Hawai'i’s constitutional guarantee of a “clean and healthful environment.” The company had argued that the commission erred because it was required to compare the biomass project to emissions from a fossil-fuel-fired plant, rather than look at the project’s greenhouse emissions compared to either another renewable project or a baseline without the project, as the commission did. Under state law, the commission is required to consider the need to reduce the state’s reliance on fossil fuels. But the court found that this requirement did not translate into a rule that the biomass project be compared only against a fossil-fuel-fired plant. As the court explained, that would have meant ignoring emissions from this fuel source—and ignoring such significant emissions just because a source was considered “renewable” would undermine the constitution’s goal of preserving a “life-sustaining climate system.”

In a concurring opinion, Justice Michael Wilson also cited the Hawai'i constitution’s due process right to “life, liberty, [and] property” as a basis to uphold the commission’s decision. As Wilson explained it, if the commission permits projects that increase emissions, “it will be contributing to the destruction of resources essential to public health and Hawai'ian culture, which in turn undermines all fundamental rights guaranteed by the Hawai'i Constitution.”

There are several other states with “green” constitutional provisions that are similar to Hawai'i’s. In those states, court cases are beginning to test the limits and scope of the provisions. In New York, for example, the state constitution was recently amended to provide that “each person shall have a right to clean air and water, and a healthful environment” and several lawsuits have been filed under the new amendment. In one of the recent cases, Fresh Air for the Eastside, Inc. v. State of New York, the plaintiffs have argued that the state’s failure to control odors and fugitive emissions from the High Acres Landfill violated their rights under the constitution. A trial court recently rejected all of the state’s arguments for dismissing the case, holding that the amendment is self-executing, and allowing plaintiffs to proceed with their challenge. To track the many other cases pending in New York, Pace Law School has created an Environmental Right Repository with helpful updates.

In Montana, the state constitution has guaranteed a “clean and healthful environment . . . for present and future generations” since the 1970s. Now several young plaintiffs have sued the state, arguing that Montana is violating their rights by authorizing fossil fuel projects that contribute to increased greenhouse gas emissions. The case, Held v. Montana, recently went to trial and a decision is likely to come out later this summer.

The Hu Honua decision highlights another important legal frontier in environmental law at the state level. Utility regulators regularly make decisions like the one in the Hawai'i case that will have a significant impact on greenhouse gas emissions. Yet proceedings in front of these regulators are often not focused on environmental impacts, but rather on evidence about rates and other factors. With commissions like Hawai'i’s now more focused on critically examining the environmental impact of new energy projects and the growing trend of constitutional rights bringing those impacts into focus, there is likely to be a lot more of this kind of state-level litigation to come.

Green Amendments: Lessons From Hawai’i, New York, and Montana.

Searching for Solutions to Permit a Carbon-Free Energy Transition
Author
David P. Clarke - Writer & Editor
Writer & Editor
Current Issue
Issue
5
David P. Clarke

With bipartisan demand for reforming what the National Law Review has described as a “lengthy, expensive, and perilous environmental review process,” is Congress set to break a logjam that has delayed and killed numerous infrastructure proposals? The answer has far-reaching consequences. Achieving President Biden’s goals of a carbon-free power sector by 2035 and net-zero economy by 2050 will require significant reform, and soon.

At a May Senate Energy and Natural Resources Committee hearing on permitting reform, chairman Joe Manchin (D-WV) declared, “We’re going to make something happen.” Less than a month later, Biden signed the Fiscal Responsibility Act of 2023, the debt ceiling deal, that includes several noteworthy National Environmental Policy Act reforms. For example, the FRA establishes a two-year deadline for completing NEPA environmental impact statements and a one-year deadline for environmental assessments. Project sponsors can now challenge agency delays in court.

Environmentalists aren’t happy about the reforms. Christy Goldfuss, chief policy impact officer for the Natural Resources Defense Council, complained that revising permitting through the debt-ceiling package was “the wrong way” to debate reforms and will “do more harm than good” by limiting needed environmental reviews. She also complained about the legislation’s “ramming” through approval of a West Virginia natural gas pipeline that Manchin wanted.

But Brandon Tuck, counsel to law firm Vinson & Elkins, describes the FRA changes as “modest” and likely to do little to move the needle on infrastructure projects. Even the new mandatory timelines might not drive project approvals, because federal agencies still have numerous substantive environmental law obligations whose timelines might not be compressible to fit tighter NEPA timelines. The FRA reform allowing permit applicants to prepare EISs is the one change that could actually save months during early NEPA stages, Tuck says, by enabling project sponsors to circumvent delays from limited agency resources and cumbersome federal contracting requirements.

Indeed, NEPA environmental reviews aren’t the biggest roadblock facing the clean energy transition, Tuck adds. Large-scale solar and other clean energy projects will be built, but to get their clean power to market the construction of large interstate transmission lines must be accelerated. To date, however, states’ authority to oppose interstate lines has thwarted new projects, he says, a problem that has emerged front and center of permitting reform negotiations.

The concern is not new. The Energy Policy Act of 2005 gives the Federal Energy Regulatory Commission “backstop siting authority” when states reject or fail to act on a transmission project. FERC can approve power lines in National Interest Electric Transmission Corridors designated by the Energy Department. But FERC’s authority “has never really been called into play,” Tuck notes. Right now, even if FERC exercises its authority, that power would not trump state authority to oppose transmission passing through its territories.

During Manchin’s hearing, Jason Grumet, CEO of the American Clean Power Association, representing 800 clean energy companies, highlighted that concern. Past congressional efforts to support national interest transmission buildouts has been “entirely ineffective,” with no line permitted in the nearly two decades since FERC got its backstop authority, Grumet said. A single state stakeholder can block a project that would stretch for hundreds of miles, even if all other states involved had approved it.

Now, climate change has made demand for interstate transmission increasingly urgent. According to a Princeton University analysis, if U.S. transmission development continues at the last decade’s one percent rate, over 80 percent of the greenhouse gas emission reductions achievable through wind, solar, and other clean energy supported by Biden’s $369 billion Inflation Reduction Act investments would be lost.

Congress took another step to strengthen FERC’s backstop authority in the 2021 Infrastructure Investment and Jobs Act. To implement that additional authority, in January FERC published a proposed rulemaking notice that, among other things, would allow the commission to supersede a state regulatory body’s decision denying approval of a proposed NIETC transmission project.

In search of a solution to the transmission buildout problem, Manchin introduced his Building American Energy Security Act of 2023, which includes provisions that would again enhance FERC’s backstop permitting authority, giving states one year to issue or deny a permit before the commission could act. Biden “doesn’t love everything” in Manchin’s bill but supports it, according to the president’s senior clean energy advisor, John Podesta.

Searching for Solutions to Permit a Carbon-Free Energy Transition.

Enforcement Epiphanies and What to Do About Greenhouse Gases
Author
G. Tracy Mehan III - Scalia Law School and American Water Works Association
Scalia Law School and American Water Works Association
Current Issue
Issue
5

“There is a great deal of ruin in a nation,” said Adam Smith. Cynthia Giles sees things similarly with respect to environmental enforcement and regulatory compliance. The former is never up to the task, and the latter is less than stellar.

In Next Generation Compliance: Environmental Regulation for the Modern Era, the former Obama EPA enforcement chief seeks to set matters right, putting emphasis on smarter rulemaking that necessitates or compels compliance by regulated entities while reserving limited enforcement resources for more strategic or innovative pursuits.

“We know now that the dual assumptions at the foundation of nearly all environmental regulations—that most companies comply and that it is up to enforcement to take care of the rest—are wrong. In fact, serious violations are widespread. And the principal driver of outcomes isn’t enforcement, it’s whether the regulations are tightly structured to make compliance the path of least resistance, so compliance is good even if enforcement never comes knocking,” writes Giles. “These essential truths are the difference between a rule that is great in theory and one that delivers emission reductions in real life.”

Summarizing an extensive body of research by the Government Accountability Office, EPA programs, its Office of Inspector General, and independent scholars, Giles maintains that the “rate of serious noncompliance—violations that pose the biggest risk to public health and the environment—is 25 percent or more.” Serious noncompliance rates for large facilities are 50 to 70 percent or more. Inspections and enforcement actions can never get ahead of the curve. In addition, drafting regulations on the assumption of 100 percent compliance, leaving enforcement to deal with the outliers, distorts the benefit-cost analysis.

Next Generation compliance is “about designing a rule so that compliance is the default.” That is her thesis. Simplicity, elegant design, and new technologies allowing for real-time monitoring, electronic reporting, and sophisticated analytics “will put pressure on companies for better performance at the same time that they make it harder to hide.”

Giles is a full-throated defender of command-and-control regulation and enforcement but is honest about its failures. Unfortunately, she parts ways with many critics of traditional regulation who might, in fact, concur with many of her recommendations.

One chapter of her book has the unfortunate title, “The Ideologues: Performance Standards and Market Strategies.” Government is a political game, and that game is won by addition not subtraction. While the author claims to “eschew[] ideology,” she spends too much capital on ideological score-settling rather than seeking common ground and points of convergence.

For instance, Giles is generous in her praise for the premier market-based program of all time, the acid rain cap-and-trade program authorized by the Clean Air Act Amendments of 1990. It was supported by only one environmental group at the time, the Environmental Defense Fund, to its everlasting credit. She rightly points out that, for the program to work, there had to be rules of the game, so to speak, as well as program design elements that were essential to maintaining the integrity of sulfur dioxide trades, specifically continuous emissions monitoring systems (CEMS) and reporting among others.

Notes Giles, “When the monitoring equipment was not working properly, the utility was required to report emissions using very conservative assumptions. If the CEMS weren’t operating reliably, the company had to assume emissions that were most likely much higher than its actual emissions”—a powerful incentive for power utilities to make sure the system was working properly. There were also automatic penalties for companies that didn’t have enough credits or allowances and reductions.

In Giles’s judgment, “The Acid Rain Program . . . worked well not because it was a market program, but because it created a regulatory box so tight that compliance was the only way out.” Still, she argues that many proponents of environmental markets learned the wrong lessons from the program. “Take away cap and trade, and the compliance outcomes would have been the same.”

This is not a plausible claim given that the “box” wouldn’t matter but for Ronald Coase’s Theorem and the control-cost differential of different sources in the utility sector creating huge incentives to trade. In truth both the market element and the rules guiding its establishment were necessary but not sufficient conditions of success. They were mutually dependent.

Both Giles and the “Ideologues” have a point. Careful program design and sound rules, command and control if you will, are important as are the laws of economic behavior and incentives. She is not wrong when ultimately declaring that “the success of markets depends on skillful use of command and control.”

The most useful and lasting contribution of ;Next Generation Compliance is to be found in Chapter 5, “Next Gen Strategies. A Playbook.” There Giles demonstrates her savvy and experience with compliance issues and offers a smorgasbord of techniques which she believes can establish compliance as the default option in environmental rulemaking.

Continuous monitoring; self-reporting of facts, not conclusions; third-party verification and auditing; third-party information reporting; data analytics; machine learning, and other tools are described in detail and with granularity. Some recommendations may be problematic, depending on circumstances, such as shifting the burden of proof and requiring a company to prove that it is not in violation when, say, satellite data detects a polluting incident. But technological developments are clearly creating new ways to optimize compliance in all environmental programs.

In terms of cumulative impact, one does wonder about, first, the costs of Next Gen requirements, hardly mentioned in the book, and second, at what point Next Gen crosses the line into the “Surveillance State.” These concerns are implicated in the upcoming Supreme Court case dealing with the Chevron doctrine and a challenge to a rule requiring fishing vessel owners to pay the costs of federally mandated monitors. Next Gen at sea?

Cynthia Giles offers three chapters on dealing with “the existential crisis of climate change,” applying Next Gen thinking to issues of zero-carbon electricity, the past mistakes of low-carbon fuels, and innovative strategies to cut methane emissions from over a million oil and gas wells in the United States.

Next Generation Compliance is a challenging and stimulating book. It bears careful study, and it should be the basis for lively discussion within EPA and the environmental policy community generally. One can read Giles as not just a compliance and enforcement authority, but as one who seeks to rectify one of the classic causes of market and regulatory failure—asymmetric information.

Another former Obama official has a very different take on climate change. Steven E. Koonin served as undersecretary for science at the Department of Energy. A graduate of Caltech and with a Ph.D. from MIT in theoretical physics, he is a member of the National Academies and has published over two hundred peer-reviewed papers on astrophysics, scientific computation, energy technology, and climate science. He is also a professor at New York University.

In Unsettled: What Climate Science Tells Us, What It Doesn’t, and Why It Matters, Koonin acknowledges warming during the past half century but believes that limited observations and understanding are insufficient to usefully quantify either how the climate will respond to human influences or how it varies naturally.

“However, even as human influences have increased five-fold since 1950 and the globe has warmed modestly, most severe weather phenomena remain within past variability. Projections of future climate weather events rely on models demonstrably unfit for the purpose,” claims Koonin. Moreover, “Most extreme weather events show no long-term trends that can be attributed to human influences on the climate.” He goes through all the data on hurricanes, sea level, GDP, forest fires, and the like.

The most compelling part of this technical, dense book is its prudential argument that the quest for a carbon-free world is a “chimera” (Chapter 12). It is “essentially impossible.” The concentration of carbon dioxide in the atmosphere grows by roughly half of the amount emitted each year, the result of cumulative emissions over time remaining there for centuries. Moreover, global energy demand is expected to grow by 50 percent through mid-century. The math is not kind.

Given Koonin’s pessimism he call for “Plans B,” plural, specifically geoengineering and adaptation. The former idea is untested but merits greater research. The latter is common sense. Adaptation, notes Koonin, is agnostic as to causes, proportional in response, locally driven, autonomous (spontaneous), and effective—as demonstrated by the Dutch and human beings living everywhere from the Arctic Circle to the tropics. It needs to be elevated as a policy and program comparable to mitigation.

G. Tracy Mehan III is a former assistant administrator for water at EPA, an adjunct professor at Scalia Law School, and executive director for government affairs at the American Water Works Association. He may be contacted at gtracymehan@gmail.com.

G. Tracy Mehan III Examines an Enforcement Epiphany.

Much Remarkable, but Insufficient, Progress Decarbonizing the World
Author
Joseph E. Aldy - Harvard Kennedy School
Harvard Kennedy School
Issue
4
Joseph E. Aldy

The 2015 Paris Agreement established the goal of limiting global warming to “well below 2°C above preindustrial levels.” The pact also provides for a periodic assessment of progress toward this objective through a “global stocktake.” In November of this year, the United Ar

The 2015 Paris Agreement established the goal of limiting global warming to “well below 2°C above preindustrial levels.” The pact also provides for a periodic assessment of progress toward this objective through a “global stocktake.” In November of this year, the United Arab Emirates will host the UN climate change talks that will include the first such worldwide assessment.

Over the eight years since the Paris conference, national governments have enhanced their near-term reduction ambitions. The United States has since pledged to cut its emissions at least in half by 2030, compared to its 2015 pledge of a 26-28 percent cut by 2025. The European Union has pledged to reduce its emissions by 55 percent by 2030, compared to its previous pledge of a 40 percent reduction. And about 140 countries have proposed, pledged, or enshrined in domestic law net-zero emission targets for 2050 or soon thereafter.

Governments have also advanced their mitigation actions, driving substantial gains in clean energy. In 2015, 10 percent of the world’s greenhouse gas emissions were covered by a tax or cap-and-trade program; by 2022, this share had increased to 25 percent. The average price on emissions has increased significantly since then across these carbon pricing systems. Over 2015-21, global renewable energy consumption—led by wind and solar power—more than doubled.

The Inflation Reduction Act’s clean energy subsidies are forecast to reduce U.S. carbon dioxide emissions by about 10 percent over the next seven years. The rapid growth in investment in clean energy manufacturing signals the potential to deliver accelerating deployment of next generation technologies. Last year, global installed manufacturing capacity for batteries grew by 72 percent, solar photovoltaics by 39 percent, and electrolyzers by 26 percent.

Despite this progress, fossil fuels still comprise more than 80 percent of global energy consumption. With the exception of 2020, fossil fuel consumption has been higher every year since 2015. Fossil fuel consumption may peak soon—McKinsey’s “Global Energy Perspective 2022” suggests peak consumption by 2025. But this peak will likely occur later and higher than is consistent with the Paris Agreement’s temperature objective.

Last year, the UN Environment Programme estimated that global greenhouse gas emissions would reach about 58 gigatons based on current policies. This level would be 15 gigatons higher than what is necessary to limit warming to 2°C, and 23 gigatons higher than would be consistent with a 1.5°C temperature goal. Cutting the level of annual emissions by at least 15 gigatons over 7 years is daunting. To put this in perspective, the largest single-year decline in global energy carbon dioxide emissions was about 2 gigatons in 2020, primarily reflecting the COVID pandemic.

The emergence of low-cost renewable power has displaced much of fossil fuels in meeting growing energy demand, but has not meaningfully driven existing fossil fuel-related infrastructure into retirement. A 2019 paper in the journal Nature estimated that if current fossil fuel infrastructure continued operating through their expected economic lifetimes—with no new fossil fuel-powered power plants, factories, vehicles, etc. coming online—then the world would likely exceed warming of 1.5°C and could go beyond 2°C. Since this analysis was undertaken, new fossil fuel-powered facilities and transportation systems have entered the market and, in many economies around the world, new fossil fuel infrastructure projects are planned for future investment.

This reflects the political challenge of designing and implementing aggressive decarbonization policies and the associated difficulty of raising the price of fossil energy. Given continued subsidies in developing countries and European energy subsidies in response to the energy shock induced by the Russian invasion of Ukraine, global fossil fuel subsidies exceeded $1 trillion last year for the first time. Outside of California, the vast majority of U.S. climate policy operates through clean energy subsidies, with little if any cost penalty applied to sources of carbon dioxide emissions.

The bottom line is that the global climate will very likely overshoot 1.5°C and likely go beyond 2°C. Even with unprecedented growth in clean energy, atmospheric concentrations of greenhouse gases will exceed levels consistent with these temperature goals. Returning to these temperature levels would require large-scale negative emission technologies, such as the direct air capture of carbon dioxide coupled with underground storage, or the deployment of solar geoengineering to reduce incoming solar energy to the planet’s surface. As temperatures rise, there will be a growing public debate about the potential role of these novel technologies and the need to manage the risks during this period in which we overshoot our temperature goals.

ab Emirates will host the UN climate change talks that will include the first such worldwide assessment.

Over the eight years since the Paris conference, national governments have enhanced their near-term reduction ambitions. The United States has since pledged to cut its emissions at least in half by 2030, compared to its 2015 pledge of a 26-28 percent cut by 2025. The European Union has pledged to reduce its emissions by 55 percent by 2030, compared to its previous pledge of a 40 percent reduction. And about 140 countries have proposed, pledged, or enshrined in domestic law net-zero emission targets for 2050 or soon thereafter.

Governments have also advanced their mitigation actions, driving substantial gains in clean energy. In 2015, 10 percent of the world’s greenhouse gas emissions were covered by a tax or cap-and-trade program; by 2022, this share had increased to 25 percent. The average price on emissions has increased significantly since then across these carbon pricing systems. Over 2015-21, global renewable energy consumption—led by wind and solar power—more than doubled.

The Inflation Reduction Act’s clean energy subsidies are forecast to reduce U.S. carbon dioxide emissions by about 10 percent over the next seven years. The rapid growth in investment in clean energy manufacturing signals the potential to deliver accelerating deployment of next generation technologies. Last year, global installed manufacturing capacity for batteries grew by 72 percent, solar photovoltaics by 39 percent, and electrolyzers by 26 percent.

Despite this progress, fossil fuels still comprise more than 80 percent of global energy consumption. With the exception of 2020, fossil fuel consumption has been higher every year since 2015. Fossil fuel consumption may peak soon—McKinsey’s “Global Energy Perspective 2022” suggests peak consumption by 2025. But this peak will likely occur later and higher than is consistent with the Paris Agreement’s temperature objective.

Last year, the UN Environment Programme estimated that global greenhouse gas emissions would reach about 58 gigatons based on current policies. This level would be 15 gigatons higher than what is necessary to limit warming to 2°C, and 23 gigatons higher than would be consistent with a 1.5°C temperature goal. Cutting the level of annual emissions by at least 15 gigatons over 7 years is daunting. To put this in perspective, the largest single-year decline in global energy carbon dioxide emissions was about 2 gigatons in 2020, primarily reflecting the COVID pandemic.

The emergence of low-cost renewable power has displaced much of fossil fuels in meeting growing energy demand, but has not meaningfully driven existing fossil fuel-related infrastructure into retirement. A 2019 paper in the journal Nature estimated that if current fossil fuel infrastructure continued operating through their expected economic lifetimes—with no new fossil fuel-powered power plants, factories, vehicles, etc. coming online—then the world would likely exceed warming of 1.5°C and could go beyond 2°C. Since this analysis was undertaken, new fossil fuel-powered facilities and transportation systems have entered the market and, in many economies around the world, new fossil fuel infrastructure projects are planned for future investment.

This reflects the political challenge of designing and implementing aggressive decarbonization policies and the associated difficulty of raising the price of fossil energy. Given continued subsidies in developing countries and European energy subsidies in response to the energy shock induced by the Russian invasion of Ukraine, global fossil fuel subsidies exceeded $1 trillion last year for the first time. Outside of California, the vast majority of U.S. climate policy operates through clean energy subsidies, with little if any cost penalty applied to sources of carbon dioxide emissions.

The bottom line is that the global climate will very likely overshoot 1.5°C and likely go beyond 2°C. Even with unprecedented growth in clean energy, atmospheric concentrations of greenhouse gases will exceed levels consistent with these temperature goals. Returning to these temperature levels would require large-scale negative emission technologies, such as the direct air capture of carbon dioxide coupled with underground storage, or the deployment of solar geoengineering to reduce incoming solar energy to the planet’s surface. As temperatures rise, there will be a growing public debate about the potential role of these novel technologies and the need to manage the risks during this period in which we overshoot our temperature goals.

Much Remarkable, but Insufficient, Progress Decarbonizing the World.

The Time Is Now to Ramp Up Municipal Climate Adaptation Efforts
Author
Linda K. Breggin - Environmental Law Institute
Environmental Law Institute
Current Issue
Issue
3
Linda K. Breggin headshot

Cities around the country are grappling with the current and future effects of climate change—a task more daunting given recent estimates that global warming is likely to exceed international targets. In a cover story entitled “Goodbye 1.5°C,” The Economist magazine calls for “greater efforts” to adapt to climate change, emphasizing that preparing for the increased “calamities” the world now faces is a “matter of life and death.”

Fortunately, unprecedented subsidies in the Infrastructure Investment and Jobs Act and Inflation Reduction Act provide a much-needed funding boost for cities’ ongoing adaptation efforts. Ballotpedia data indicate, however, that blue cities are more likely to adopt climate action plans than red cities. In 2022, for example, 35 of the country’s 50 largest cities had climate actions plans—including only three of the roughly one dozen cities led by Republican mayors.

Nevertheless, according to the C40 Climate Leadership Group, “health, societal and economic benefits” make climate adaptation valuable for all cities. For example, in addition to saving lives, “it is cheaper and far less disruptive” to spend on adaptation than on disaster relief and recovery. And the potential for “unmitigated disaster events” can deter investments and lead to lost economic growth opportunities. Furthermore, failure to prepare for climate change may negatively affect a city’s credit rating.

For those cities that already are making progress, University of Michigan post-doctoral fellow Ben Leffel says his research indicates that their success may be “driven by participation in global networks, such as ICLEI—Local Governments for Sustainability, C40 Cities, and the Global Covenant of Mayors for Climate and Energy, as well as proximity to environmental management consultancies—all of which facilitate key technical expertise transmission on climate solutions.”

GCoM and its partner organizations, in particular, have an outsized influence on local adaptation efforts. Cities that participate in GCoM, a voluntary alliance of over 12,000 cities worldwide, pledge to implement measures that reduce greenhouse gas emissions, prepare for climate change impacts, and increase access to sustainable energy.

GCoM’s Common Reporting Framework provides a roadmap that includes mandatory as well as recommended and optional provisions for pledge compliance. GCoM partner organizations, including ICELI and C40, provide technical guidance and resources.

Adaptation plans can be separate or integrated with mitigation plans and must include a description of stakeholder engagement processes. Cities also are required to monitor, track, and report every two years on plan implementation.

To develop adaptation plans, cities engage in a series of steps that start with a Climate Risk and Vulnerability Assessment in which such hazards and impacts are identified. Common climate hazards include water scarcity, wildfires, and severe wind. Impacts are defined broadly to include effects on both communities and natural systems.

For each hazard identified, a city is required to report the current risk level, expected future impacts, expected intensity frequency and timescale, and which sectors, assets, or services could be the most affected. GCoM also recommends, for purposes of prioritizing adaptation actions, that cities provide information on vulnerable population groups expected to be most affected.

In addition, GCoM tasks cities with assessing their adaptive capacity—the degree to which they can adequately respond to impacts and “even leverage the new climate conditions to yield opportunities.” The framework sets out factors, such as infrastructure conditions and resource availability, for cities to consider in identifying adaptive capacity challenges.

Next up, cities develop goals and strategies to address climate impacts, current and future. In so doing, C40 advises cities to consider the root causes of each risk, including physical characteristics such as lack of vegetation that contributes to urban heat islands.

After completing these foundational steps, cities focus on selecting adaptation actions. C40 recommends a mix of several types of actions: reactive (addressing immediate hazards such as purchasing water during droughts), preventative (reducing negative consequences of hazards such as building flood walls), and transformative (instituting fundamental changes such as updating building codes).

Although numerous criteria can be used to assess potential actions, a GCoM support tool suggests that cities should aim for win-win actions that minimize climate risks but also make a “significant contribution to another social, environmental, or economic goal.” In the alternative, cities should at least pick no-regrets adaptation options—those that are “worthwhile whatever the extent of future climate change will be.

The Time Is Now to Ramp Up Municipal Climate Adaptation.

The Floods and Drought of Climate Change Call for Local Institutions
Author
Craig M. Pease - Former Law School Professor
Former Law School Professor
Current Issue
Issue
1
Craig M. Pease

The past summer saw flash floods in the U.S. Southwest, a region locked in a multi-decade drought. Elsewhere, monsoons flooded swaths of Pakistan and displaced millions, while low water levels on the Rhine, Thames, and Mississippi disrupted residential water use and commercial shipping.

Could climate change bring both more rain, and more drought? It seems contradictory. The answer is not so obvious. There is a long record of monsoons bringing abundant rain in some years, to some locations, but not others. Likewise, all rivers with commercial shipping have records of droughts.

Even without climate change, fresh water is sporadically distributed. Deserts have little, rain forests a lot. There is low rainfall in the western United States because of the rain shadow of the Sierra Nevada. In the Southeast, high rainfall leaches nutrients out of agricultural soils, impoverishing them. Near Phoenix, the Gila River has abundant fish, yet only meters away on the desert floor there is cactus.

Climate change exacerbates this baseline of huge temporal and spatial variability in rainfall. A 2022 analysis of data from the Long-term Agroecosystem Research Network found, “Historical data showed increased peak daily flows and number of zero flow days.” A 2018 paper on Indian monsoons found “Projected [climate change impacts] show widespread increase in wet days over most of India and reduction over Western Ghats.” [Emphases added.]

The global water cycle provides a useful perspective on the enormousness of the problem humanity faces. Solar energy evaporates water from oceans. Winds then transport it to continents, where rain falls on land. Rivers return some water to the ocean. Evaporation returns some directly to the atmosphere. Terrestrial plants transpire some into the air as well.

These water flows are beyond gigantic. Each year, about 120,000 cubic miles of water evaporates from the oceans, lakes, rivers, and streams, or is transpired by plants, moving into the atmosphere and through the global water cycle. In contrast, total residential, industrial, and farming water use per year in the United States is roughly 100 cubic miles, a minuscule fraction of that total. There should be more than enough fresh water.

That perspective is deceptive, however. The already present 1.2 Celsius degrees of warming has increased evaporation of water into the atmosphere, with roughly 10,000 more cubic miles of water now flowing each year through the global water cycle. This indirect impact of humans on the global water cycle dwarfs our water consumption.

In altering global water flows so massively, humans have acquired the power of gods, which we have deployed with the sentience of a potted plant. Going back literally millions of years, humans and our hominoid ancestors evolved exquisite cultural and social mechanisms, adapting their societies to this extreme temporal and spatial variability in freshwater supply. We seem intent on destroying every last bit of this ancient cultural heritage.

The nomads that formerly followed herds of wildebeest and buffalo were moving to find fresh water. Those herd movements were themselves driven by rainfall that made forage abundant at distant locations. More recently, but still before the advent of fossil fuels, the landscape was populated with locally adapted, and intricate, institutions for managing water. See, for example, Elinor Ostrom and Roy Gardner’s classic 1993 study of irrigation systems in the mountains and lowlands of Nepal.

Our modern institutions for managing fresh water have no real cultural heritage, and were instead created out of whole cloth, a deal cut by politicians, industrialists, farmers, ranchers, and city dwellers. Like most modern institutions, and unlike ancient water management approaches, they strive for short-term results and efficiency, at the cost of reduced system robustness in the face of novel challenges. Climate change now alters the supply of fresh water on which these institutions were built.

It is not just lack of robustness and too large a spatial scale. Critically, the dams, aqueducts, statutes, and legal contracts of the Three Gorges Dam, the California Water Project, and their ilk destroy the embedded local social institutions of the human communities that they flood, displace, or make economically unviable. In so doing these large-scale water management systems destroy the small-scale systems where we might look for a solution, and they thwart the evolution of new local water institutions.

The sensible approach is to match the scale of our institutions with the scale of the problem. To manage freshwater regimes that inherently exhibit extremely local idiosyncrasies in rain, drought, and available supply, we need thriving local institutions.

The Floods and Drought of Climate Change Call for Local Institutions