Climate Resilience and Hazard Mitigation

An effective response to climate change requires urgent action at the local, national, and international levels. In 2018, 14 major disasters in the United States, including hurricanes, droughts, and wildfires, resulted in over $91 billion dollars in damages and cost 247 lives. The 2018 U.N. Intergovernmental Panel on Climate Change report on Global Warming of 1.5°C warns of increasing risk of such impacts due to climate change - drought, floods, extreme heat; inundated coastlines; significant impacts on agriculture-dependent communities; and total loss of critical habitats like coral reefs – over the short-term.

Because of where and how we have developed, and where we continue to build in many communities, these events put many people in harm’s way and result in increasing damage and costs for communities at risk of flooding, wildfires, and other disasters. According to a recent study by the Union of Concerned Scientists, in the U.S. as many as 311,000 coastal homes with a collective market value of about $117.5 billion will be at risk of chronic flooding over the next 30 years. That number jumps to 2.4 million homes and $912 billion by the end of the century. Similarly, increasing development in the urban-wildland interface has left many neighborhoods at risk to increasingly common wildfires. Water scarcity, which already stresses arid regions around the world, is expected to negatively affect agricultural production and drinking water availability as droughts intensify.

ELI is working with partners around the world to develop legal, policy, and institutional solutions to address the impacts of climate change and create more resilient communities and ecosystems. We are working in four main areas:

Getting People and Property Out of Harm’s Way

Fires, storms, and floods destroyed tens of thousands of residential structures in 2017 alone, leaving many thousands of families to face decisions about whether to rebuild in place or move to less risky areas. We have been working with local partners across the U.S. to develop practical, implementable recommendations for how communities can strategically and equitably move people out of harm’s way and reduce the risk of future structural damage and associated disaster recovery costs in disaster-prone areas.

Floodplain Buyouts: An Action Guide for Local Governments on How to Maximize Community Benefits, Habitat Connectivity, and Resilience

This Action Guide is designed to help local governments across the country leverage hazard mitigation buyouts to protect, restore, and connect habitats in local communities. Greatly informed by the information gathered through in-depth case studies and conversations with key players in local buyout programs, the Guide highlights management approaches that will be useful and practicable for the local officials and managers who have the ability to target their acquisitions in ways that improve habitat connectivity and resilience while also reducing flood hazards.

Strategic Partnerships and Floodplain Buyouts: An Opportunity for Wetland Restoration

This Handbook summarizes key considerations for wetland and conservation agencies or organizations interested in playing a role in the floodplain buyout process. These organizations can be valuable partners for local governments while advancing their interest in ecosystem and habitat conservation or restoration.

Helping Governments Create Resilient Communities

National, state, local, and tribal governments can strengthen their communities by updating and leveraging existing laws and regulations to address hazards amplified by climate change. When thoughtfully designed and implemented, legal tools can help communities reduce their exposure to climate risks, create economic incentives for proactive climate adaptation action, and establish funding mechanisms for resilience. ELI analyzes current statutory and regulatory frameworks to guide government decision-making and identifies avenues for bolstering resilience in new policy development.

Legal Risk Analysis for Sea Level Rise Adaptation Strategies in San Diego

Adapting to sea level rise raises significant legal questions for local governments, especially in California. This report concisely summarizes the legal risks and administrative hurdles associated with different adaptation strategies in order to facilitate informed decisionmaking. An Executive Summary to the full report is also available.

Green Infrastructure for Chesapeake Stormwater Management: Legal Tools for Climate Resilient Siting

One of the greatest impacts of climate change on the Chesapeake Bay watershed will be stormwater management. This report examines and addresses the potential legal obstacles and describes the most promising pathways within the existing legal framework. For state and municipal leaders looking to go even further, the report recommends specific actions that legislative and regulatory bodies can take to modify the current stormwater management regime so as to more easily incorporate pragmatic consideration of climate change impacts. A fact sheet on the report is available here.

Indoor Air Quality in Homes: State Policies for Improving Health Now and Addressing Future Risks in a Changing Climate

Over the past several years, scientists have begun to examine and describe comprehensively how indoor air quality (IAQ) may be affected by a changing climate. This report reviews state policies addressing three residential IAQ issues discussed in the recent scientific literature: wildfire smoke; dampness and mold; and the effect of home energy efficiency upgrades on IAQ. The report describes in detail current state laws, regulations, and other policies, and highlights approaches for consideration by other jurisdictions. By taking action to reduce indoor exposures, states have an opportunity to put in place policies that not only prepare for anticipated increased future risks, but also reap considerable health and economic benefits in the near term.

The Water Efficiency and Conservation State Scorecard: An Assessment of Laws

In partnership with the Alliance for Water Efficiency, ELI released a scorecard in 2017 that “reviewed, scored, [and] graded states for laws supporting water conservation and efficiency. […] Though based on a 16-question survey, the 2017 update is an expansion of [an earlier] 2012 edition; the underlying survey includes three new questions and a series of sub-questions for more complex topic areas. The goal of these changes was to develop a deeper understanding of legal frameworks supporting water conservation and efficiency, and climate resiliency planning.

Five Things to Consider When Developing and Adapting Water Policies and Programs in the West

This guidebook identifies common factors that influence the success of water policies or programs in the prior appropriation context, and provides examples of each factor to further clarify the issue. The guidebook is intended to help decision-makers at the state and local levels develop new policies and programs that are best tailored to navigate potential obstacles to achieving the desired outcomes. It also is intended to serve as an aid for reviewing successful policies and programs elsewhere to determine whether conditions in a new location are sufficiently similar to those of the original location to replicate the results.

Western Water in the 21^st Century: Policies and Programs that Stretch Supplies in a Prior Appropriation World

In Western Water in the 21st Century: Policies and Programs that Stretch Supplies in a Prior Appropriation World, ELI identifies and explains illustrative examples of reforms from across the West with the potential to:

1. Reduce the active disincentives against reducing water use and supporting future supplies by adding to the definition of “beneficial use” or exempting more activities from forfeiture and abandonment;
2. Allow the use of conserved water (from reductions in consumption and evaporative losses) beyond what is permitted in the water right; or
3. Accelerate the transfer process, particularly for short-term transfers.

The Handbook also addresses the circumstances under which the policies and programs arose and their results (in the view of those familiar with their application).

Incorporating Climate Change Adaptation Into Framework Environmental Laws

This Article examines the various ways countries throughout the world have started to incorporate considerations of climate change adaptation into their framework environmental laws, implementing regulations, and other binding instruments. The authors identify seven particularly important categories of adaptation provisions—assessment and science, planning, EIA, disaster preparedness and response, funding, coordination through creation of special committees and expert groups, and monitoring and evaluation of adaptation measures—and offer their reflections on practical considerations.

Legal and Policy Tools to Adapt Biodiversity Management to Climate Change

This Resource Manual is a call to use available legal tools, ranging from laws to policies, to adapt biodiversity management to better withstand the effects of climate change. Written for resource managers, policymakers, scientists, academics, civil society groups, and others affected by climate change, it explains how legal frameworks can be adapted to meet changing climate conditions that threaten biodiversity protection.

Helping Communities Become Resilient

Educating community members about climate risks and vulnerabilities and involving them in the adaptation planning process builds support around efforts to improve resilience and ensures that the resulting plans reflect local priorities. ELI’s work is helping to make communities more livable for all residents, especially the most vulnerable and disadvantaged.

Step-by-Step Guide to Integrating Community Input into Green Infrastructure Projects

ELI and its partner Amigos Bravos drafted this Guide to help local governments integrate community input into their green infrastructure projects. It sets out eight steps that local governments can take and, for each step, provides details and tips to help local governments as they move through the process.

Public Participation for Buyout Planning & Management: A step-by-step online guide

ELI developed a five-step outline for organizing public participation in the floodplain buyout process based on research and our experiences with pilot projects in Iowa, Ohio, and Wisconsin. The steps in this guide will help local governments solicit community feedback on post-acquisition management projects.

Community revitalization (Blight Revitalization Initiative for Green, Healthy Towns/BRIGHT program)

ELI’s Blight Revitalization Initiative for Green, Healthy Towns (BRIGHT) identifies corridors of blighted, vacant, and environmentally-impaired properties in overburdened communities and supports the community and municipality in developing a revitalization plan. Combining community-level engagement with organization and financial support from the private sector, government, and NGOs, BRIGHT catalyzes environmental justice, neighborhood revitalization, economic opportunity, green infrastructure, ecosystem restoration, and climate resilience. To facilitate the sharing of best practices in corridor redevelopment, ELI is currently developing the BRIGHT Guide.

Washed Out: Policy and Practical Considerations Affecting Return after Hurricane Katrina and Superstorm Sandy

The destructive impacts of Hurricane Katrina and Superstorm Sandy displaced large numbers of people. While some families were able to return home soon after the disasters, others struggled to do so and remained displaced for extended periods of time. This article presents an overview of recent literature that addresses factors affecting displaced individuals’ decision to return home or relocate following these two disasters. […] The article concludes that a better understanding of factors affecting displaced persons can help policymakers meet their objectives of encouraging or inhibiting return to a specific site after a disaster.

Promoting Nature-Based Adaptation Strategies and Creating Resilient Ecosystems

Natural infrastructure plays an important role in protecting human communities from the impacts of climate change. Hurricane Sandy provides a clear illustration of the value of coastal wetlands as mitigation. According to one study, for example, existing wetlands prevented $625 million in property damage in storm affected areas. Recently, increased emphasis has been placed on the restoration and protection of natural (or green) infrastructure, including the restoration of natural habitats, as cost-effective alternatives for hazard mitigation. In 2015, for example, FEMA announced the eligibility of new activities for mitigation funding, including floodplain and stream restoration. ELI’s work is helping to promote proactive policies that can preserve ecosystem function and maintain ecosystem services in the face of climate-related disasters.

Developing Wetland Restoration Priorities for Climate Risk Reduction and Resilience in the MARCO Region

Working with New York, New Jersey, Delaware, Maryland, and Virginia — the five members of the Mid-Atlantic Regional Council on the Ocean (MARCO) — the Environmental Law Institute prepared a detailed assessment of methods to identify, conserve, and restore wetlands for protection of communities and ecosystems in the face of rapid climate change. ELI in collaboration with an expert panel designed an approach that can accommodate continuous improvement by resource managers, legislators, and policy makers.

Floodplain Buyouts: An Action Guide for Local Governments on How to Maximize Community Benefits, Habitat Connectivity, and Resilience

This Action Guide is designed to help local governments across the country leverage hazard mitigation buyouts to protect, restore, and connect habitats in local communities. Greatly informed by the information gathered through in-depth case studies and conversations with key players in local buyout programs, the Guide highlights management approaches that will be useful and practicable for the local officials and managers who have the ability to target their acquisitions in ways that improve habitat connectivity and resilience while also reducing flood hazards.

Strategic Partnerships and Floodplain Buyouts: An Opportunities for Wetland Restoration

This Handbook summarizes key considerations for wetland and conservation agencies or organizations interested in playing a role in the floodplain buyout process. These organizations can be valuable partners for local governments while advancing their interest in ecosystem and habitat conservation or restoration.

Five Things to Consider When Developing and Adapting Water Policies and Programs in the West

This guidebook identifies common factors that influence the success of water policies or programs in the prior appropriation context, and provides examples of each factor to further clarify the issue. The guidebook is intended to help decision-makers at the state and local levels develop new policies and programs that are best tailored to navigate potential obstacles to achieving the desired outcomes. It also is intended to serve as an aid for reviewing successful policies and programs elsewhere to determine whether conditions in a new location are sufficiently similar to those of the original location to replicate the results.

Western Water in the 21^st Century: Policies and Programs that Stretch Supplies in a Prior Appropriation World

In Western Water in the 21st Century: Policies and Programs that Stretch Supplies in a Prior Appropriation World, ELI identifies and explains illustrative examples of reforms from across the West with the potential to:

1. Reduce the active disincentives against reducing water use and supporting future supplies by adding to the definition of “beneficial use” or exempting more activities from forfeiture and abandonment;
2. Allow the use of conserved water (from reductions in consumption and evaporative losses) beyond what is permitted in the water right; or
3. Accelerate the transfer process, particularly for short-term transfers.

The Handbook also addresses the circumstances under which the policies and programs arose and their results (in the view of those familiar with their application).

Legal and Policy Tools to Adapt Biodiversity Management to Climate Change

This Resource Manual is a call to use available legal tools, ranging from laws to policies, to adapt biodiversity management to better withstand the effects of climate change. Written for resource managers, policymakers, scientists, academics, civil society groups, and others affected by climate change, it explains how legal frameworks can be adapted to meet changing climate conditions that threaten biodiversity protection.

Coastal Resilience and Hazard Mitigation

More severe storms and rising sea levels resulting from the changing climate pose a threat to ecosystems along the U.S. coast. These include beaches, dunes, wetlands, and marshes, which provide significant environmental, recreational, and economic benefits. Practices to sustain these ecosystems are available, but are not well understood, face legal and financial obstacles, and have not been widely implemented. The Environmental Law Institute works to develop the body of scholarship that addresses practices to sustain coastal ecosystems and services. 

Managing Threats to America’s Beaches from Storms and Rising Seas

The Environmental Law Institute hosted a public webinar in which panelists engaged in a thoughtful discussion about the risks severe storms and rising seas pose to our nation's beaches. Webinar panelists described practices and measures currently being implemented to sustain beaches and dunes in the face of these threats. Panelists for this webinar included: Lauren Blickley (Hawaii Regional Manager, Surfrider Foundation); Travis Brandon (Associate Professor of Law, Belmont College of Law); Charles Lester (Director of the Ocean and Coastal Policy Center, Marine Science Institute at UC Santa Barbara); and Sean Vitousek (Research Oceanographer, Pacific Coastal and Marine Center, USGS). A transcript and recording of the webinar are provided within the link above. 

Sustaining Coastal Wetlands in a Time of Severe Storms and Rising Seas

With a focus on practices and measures to sustain coastal wetlands, the Environmental Law Institute invited panelists from the Maryland Department of Natural Resources, National Wildlife Foundation, U.S. EPA's Office of Wetlands, Oceans, and Watersheds, and South Atlantic Salt Marsh Initiative to provide webinar attendees with an overview of recent efforts to improve planning, investments, and regulations that can protect existing wetlands and the upland areas that wetlands will migrate to as sea levels rise. A transcript and recording of the webinar are provided within the link above.  

Sea-Level Rise and Coastal Resilience with Lawyers and Authors Susan Crawford and Robert Verchick

Environmental Law Institute Visiting Scholar, Jeff Peterson, sits down with John A. Reilly Clinical Professor of Law at Harvard Law School, Susan Crawford, and Gauthier-St. Martin Eminent Scholar Chair in Environmental Law at Loyola University New Orleans, Robert Verchick, to discuss a variety of issues in this People, Places, Planet Podcast episode related to coastal resilience. Among others, topics covered in this podcast episode include the challenges posed by sea-level rise, the importance of social justice in climate adaptation, and the role of law in addressing climate change.