Coast and Climate Change Project

Climate Change Litigation Databases

Posted on: June, 22 2017 12:49 pm

Climate Change Litigation Databases

About:

This website provides two databases of climate change litigation, one for U.S. climate change litigation and one for non-U.S. cases.

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One the major problems with disaster insurance is the disruption in infrastructure and government function makes it difficult to process specific claims information in a timely manner. As the delays in processing claims after the 2016 Baton Rouge flood illustrate, this is difficult even in developed countries. It becomes impossible in developing countries, making traditional insurance useless for insuring against disaster risk. Index insurance pays claims based based on the occurrence of a predefined index event, without proof of specific loss.

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Joint Workshop of the Pontifical Academy of Sciences and the Pontifical Academy of Social Sciences, 2-6 May 2014 – Are Humanity’s dealings with Nature sustainable? What is the status of the Human Person in a world where science predominates? How should we perceive Nature and what is a good relationship between Humanity and Nature? Should one expect the global economic growth that has been experienced over the past six decades to continue for the foreseeable future? Should we be confident that knowledge and skills will increase in such ways as to lessen Humanity’s reliance on Nature despite our increasing economic activity and growing numbers? Is the growing gap between the world’s rich and world’s poor in their reliance on natural resources a consequence of those growths?

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From the Introduction:

“Epicenters of Climate and Security: The New Geostrategic Landscape of the
Anthropocene” is a multi-author, edited volume exploring a range of “epicenters”
of climate and security and how they shape the geostrategic map of the 21st century.
These epicenters are defined as “categories of systemic risk” driven by a changing
climate interacting with other socio-political-economic dynamics.

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Senate Environment and Public Works Committee Hearing entitled, “Nomination of Attorney General Scott Pruitt to be Administrator of the U.S. Environmental Protection Agency” January 18, 2017

16. Are you aware that each of the past three decades has been warmer than the one before, and warmer than all the previous decades since record keeping began in the 1880s?

(Pruitt) This trend is based on actual temperature measurements. Do you believe that there is uncertainty in this warming trend that has been directly measured? If so, please explain. I am aware of a diverse range of conclusions regarding global temperatures, including that over the past two decades satellite data indicates there has been a leveling off of warming, which some scientists refer to as the “hiatus.” I am also aware that the discrepancy between land-based temperature stations and satellite temperature stations can be attributed to expansive urbanization within in our country where artificial substances such as asphalt can interfere with the accuracy of land-based temperature stations and that the agencies charged with keeping the data do not accurately account for this type of interference. I am also aware that ‘warmest year ever’ claims from NASA and NOAA are based on minimal temperature differences that fall within the margin of error. Finally, I am aware that temperatures have been changing for millions of years that predate the relatively short modern record keeping efforts that began in 1880.


Article published in response to Pruitt’s testimony:

Santer BD, Solomon S, Wentz FJ, Fu Q, Po-Chedley S, Mears C, Painter JF, Bonfils C. Tropospheric Warming Over The Past Two Decades. Scientific Reports. 2017 May 24;7(1):2336.

Satellite temperature measurements do not support the recent claim of a “leveling off of warming” over the past two decades. Tropospheric warming trends over recent 20-year periods are always significantly larger (at the 10% level or better) than model estimates of 20-year trends arising from natural internal variability. Over the full 38-year period of the satellite record, the separation between observed warming and internal variability estimates is even clearer. In two out of three recent satellite datasets, the tropospheric warming from 1979 to 2016 is unprecedented relative to internally generated temperature trends on the 38-year timescale.

GAO – FLOOD INSURANCE Comprehensive Reform Could Improve Solvency and Enhance Resilience 2017

What GAO Found

Based on discussions with stakeholders and GAO’s past work, reducing federal exposure and improving resilience to flooding will require comprehensive reform of the National Flood Insurance Program (NFIP) that will need to include potential actions in six key areas (see figure below). Comprehensive reform will be essential to help balance competing programmatic goals, such as keeping flood insurance affordable while keeping the program fiscally solvent. Taking actions in isolation may create challenges for some property owners (for example, by reducing the affordability of NFIP policies) and therefore these consequences also will need to be considered. Some of the potential reform options also could be challenging to start or complete, and could face resistance, because they could create new costs for the federal government, the private sector, or property owners. Nevertheless, GAO’s work suggests that taking actions on multiple fronts represents the best opportunity to help address the spectrum of challenges confronting NFIP.

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Insurgency, Terrorism and Organised Crime in a Warming Climate Analysing the Links Between Climate Change and Non-State Armed Groups (2017)

Over the past ten years, both our understanding and awareness of the links between climate change and
security have increased tremendously. Today the UN, the EU, the G7 and an increasing number of states
have classified climate change as a threat to global and/or national security. However, the links between
climate change, conflict and fragility are not simple and linear. The increasing impacts of climate change
do not automatically lead to more fragility and conflict. Rather, climate change acts as a threat multiplier.
It interacts and converges with other existing risks and pressures in a given context and can increase the
likelihood of fragility or violent conflict. States experiencing fragility or conflict are particularly affected,
but also seemingly stable states can be overburdened by the combined pressures of climate change,
population growth, urbanization, environmental degradation and rising socio-economic inequalities.

Taking the state of play on the links between climate change and fragility as a starting point, this report
addresses the question of how the impacts of climate change are a contributing factor in the rise and
growth of NSAGs. Non-state armed groups are not a new phenomenon. Today, however, we can observe
an increasingly complex landscape of violent actors with a range of hybrid organisational structures,
different agendas and different levels of engagement with society that set them apart from ‘traditional’
non-state actors and result in new patterns of violence. They operate on different levels, within or outside
formal armed conflict and include youth and street gangs, criminal groups and organised crime as well
as highly professionalized terrorist groups such as Al Qaeda, ISIS, or Al Shabaab or militia providing
community security.

Four case studies that span the whole spectrum of NSAGs and patterns of violence, conflict and fragility
explore in depth the specific role NSAGs play in the complex dynamics of climate change and fragility and
try to identify how climate change acts as a risks multiplier in regards to NSAGs. These case studies
show that as the climate is changing, so too are the conditions within which NSAGs operate. The complex
risks arising from climate change, fragility and conflict can contribute to the emergence and growth of
NSAGs. This does not imply that there is a direct link between climate change and NSAG-related violence
and conflict. However, large-scale environmental and climatic change contributes to creating an environment
in which NSAGs can thrive and opens spaces that facilitate the pursuit of their strategies.

THE NATIONAL FLOOD INSURANCE PROGRAM: CHALLENGES AND SOLUTIONS. American Academy of Actuaries Flood Insurance Work Group (2017)

The NFIP affects many constituencies, including property owners, local governments, builders, realtors, mortgage lenders, insurers, and taxpayers. The program differs from traditional private insurance in several fundamental ways. Changing it without causing market disruption or triggering unintended consequences may be difficult. The program’s current authorization expires in September 2017 and Congress will need to consider many complex and highly technical issues as it debates reauthorization.

The American Academy of Actuaries Flood Insurance Work Group developed this monograph to assist Congress and other stakeholders in understanding the key issues surrounding the NFIP and its role in flood management and recovery after catastrophic events.

The National Flood Insurance Program: Past, Present…and Future? American Academy of Actuaries Flood Insurance Subcommittee (2011)

Flood insurance in the United States primarily is provided by the federal government via the National Flood Insurance Program (NFIP), in partnership with private insurers and servicing contractors. In the aftermath of the 2004 and 2005 hurricanes that struck the East and Gulf coasts of the United States, and in consideration of the substantial losses suffered in those storms, there have been calls for reform of the program. But since the NFIP is substantively different from typical insurance, few insurance professionals and public policymakers are sufficiently familiar with the NFIP to recognize the broad consequences of changing it. This monograph is focused on the background and the current structure of the program and the primary issues surrounding the program today.

Capitol Hill Briefing – Weathering the Storm: Placing the NFIP on Actuarial Solid Ground

Flood Insurance Subcommittee presentation regarding the actuarial condition of the National Flood Insurance Program (NFIP) and its future. (July 12, 2011)

 

Flood Map Zones

Posted on: April, 19 2017 2:27 pm

ZONE A

The flood insurance rate zone that corresponds to the 100-year floodplains that is determined in the Flood Insurance Study by approximate methods. Because detailed hydraulic analyses are not performed for such areas, no Base Flood Elevations or depths are shown within this zone. Mandatory flood insurance purchase requirements apply.

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Civil Defense and Homeland Security: A Short History of National Preparedness Efforts (2006)

This report is the result of a requirement by the Director of the Department of Homeland Security’s National Preparedness Task Force to examine the history of national preparedness efforts in the United States. The report provides a concise and accessible historical overview of U.S. national preparedness efforts since World War I, identifying and analyzing key policy efforts, drivers of change, and lessons learned. While the report provides much critical information, it is not meant to be a substitute for more comprehensive historical and analytical treatments. It is hoped that the report will be an informative and useful resource for policymakers, those individuals interested in the history of what is today known as homeland security, and homeland security stakeholders responsible for the development and implementation of effective national preparedness policies and programs.

The Federal Emergency Management Agency (2010)

Publication 1 (Pub 1) is the Federal Emergency Management Agency’s (FEMA’s) capstone doctrine. Pub 1 describes FEMA’s ethos, which is to serve the Nation by helping its people and first responders, especially when they are most in need. It identifies FEMA’s core values of compassion, fairness, integrity, and respect. Finally, Pub 1 delineates eight guiding principles that provide overarching direction to FEMA employees for the performance of their duties.

Introduction to Crisis, Disaster, and Risk Management Concepts

The purpose of this chapter is to introduce the reader to current and historical crisis, disaster and risk management concepts, to define the four phases of emergency management, and to highlight issues concerning communications, business continuity planning and international disaster programs.  Also included in this chapter is a discussion of the attributes of a successful emergency management system that will be illustrated in the case studies presented in this book.

 

The Origin Story for Horizontal Levees

Posted on: March, 7 2017 5:29 pm

A fundamental premise of the most Louisiana coastal restoration plans, including the Master Plan, is that coastal salt marsh acts as a horizontal levee, reducing hurricane surge for each mile of marsh. The primary source that is usually cited for this proposition is:

Corps of Engineers, US Army Engineer District, New Orleans, Interim Survey Report, Morgan City, Louisiana and Vicinity , serial no. 63, US Army Engineer District, New Orleans, LA (November 1963).

This report is nearly impossible to find because it is embedded in a transmittal document with a different citation.

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Coastal Louisiana is disappearing into the Gulf of Mexico. While the media focuses on the loss of land, polls of residents indicate that the real concern is the flood risk to the communities, farms, and businesses in southern Louisiana. The Louisiana Coastal Preservation and Restoration Authority has just rolled out the 2017 Coastal Master Plan. The Master Plan proposes using dredging and river diversions to build on the edges of the coast in areas of open water. The goal is to reduce the flood risk by slowing the overall loss of land. Many scientists question whether this land can be built, how long it will last, and the financial and environmental costs of trying to build it. It is not necessary to resolve these scientific controversies because slowing the overall loss of land will not protect communities, farms, and businesses from hurricane surge and the day to day flooding driven by sea level rise and subsidence.

The estimated cost of the Master Plan range from $50-100 billion or more, over a 50 year time period. Recognizing the scientific uncertainty about the proposed projects, the proponents of the Master Plan argue that it is better to do something than nothing, that we are no worse off if the projects do not work. But time and money are limited. The tens of billions of dollars that are proposed for Master Plan projects would be better spent on other projects that would provide real and immediate protection, such as maintaining existing levees. This would make coastal communities safer and buy time for longer term strategies to migrate away from the coast.

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jbgoode@law.lsu.edu