CPR Archive for Alice Kaswan

From Surviving to Thriving -- State and Local Planning

by Alice Kaswan | September 12, 2018

This post is part of CPR's From Surviving to Thriving: Equity in Disaster Planning and Recovery report. Click here to read previously posted chapters.

Three months before Hurricane Irma hit Florida, the state relaxed what many had considered to be one of the best building codes in the country. That wasn’t an anomaly. A report by the Insurance Institute for Business & Home Safety found that many states along the Atlantic and Gulf coasts either lack building codes or have relaxed them in recent years.

When jurisdictions fail to plan, or plan too little, they squander the opportunity to avoid or mitigate significant problems. Houston and surrounding Harris County, have seen massive in-migration and development in the last 20 years on some of the least absorbent soils in the nation, but has not developed adequate stormwater infrastructure. Behind Orleans and Jefferson parishes in Louisiana, Harris County ranks third in the nation for the amount paid out by the National Flood Insurance Program over the last 40 years.

Hurricane Maria revealed Puerto Rico’s underlying vulnerability and poor resilience capacity, including its decrepit power system and lack of on-island basic necessities and services. That vulnerability was rooted in the island’s poverty. Looking ahead, the tragedy highlights the significant challenges facing low-income communities and states lacking adequate resources to reduce vulnerability and achieve greater resilience.

An Ounce of Prevention . . . ...

From Surviving to Thriving -- Adaptation Planning and Resilience: All Hands on Deck

by Alice Kaswan | September 06, 2018
This post is part of CPR's From Surviving to Thriving: Equity in Disaster Planning and Recovery report. Click here to read previously posted chapters. By the end of the 2017 hurricane season, the American people were reeling from the impacts of Hurricanes Harvey, Irma, and Maria. The press documented the familiar cycle of compassion, frustration, and anger. As people suffered for days, weeks, and months in communities that were flooded, without power, and in need of food and other basic supplies, the ...

The 'Affordable Clean Energy' Rule and Environmental Justice

by Alice Kaswan | August 29, 2018
For disadvantaged communities, the so-called Affordable Clean Energy Rule (ACE) falls far short of the protections and opportunities included in the Clean Power Plan, the Obama administration rule that the Trump EPA is now attempting to repeal and replace. One of the Clean Power Plan's (CPP) essential features was its recognition that the electricity sector operates as an interconnected system. Because of its system-wide approach, the CPP could achieve significant reductions of greenhouse gases and other pollutants by encouraging utilities ...

As Texas Floods, President Trump Backpedals on Resiliency

by Alice Kaswan | August 28, 2017
With a sense of horror, the nation is watching waters rise in southeastern Texas as now-Tropical Storm Harvey spins across the Gulf Coast. While no individual storm can be attributed to climate change, scientists predict more intense storms, and the wisdom of preparing for future floods has never been clearer. And yet, less than two weeks ago, President Trump issued an executive order that rolled back a federal flood standard designed to anticipate intense flooding. Instead of investing in infrastructure ...

With or Without the Clean Power Plan, It's Up to the States to Transition to Clean Energy

by Alice Kaswan | December 05, 2016
Environmentalists are understandably wringing their hands over the likely post-election demise of the Clean Power Plan, the Obama administration's rule to reduce greenhouse gas emissions from power plants, which are the nation's single biggest source of carbon emissions. But, with or without the Clean Power Plan (the Plan), the states hold the cards to a clean energy transition.  Even if the fossil fuel interests intent upon perpetuating a profitable status quo end up dominating Congress and federal energy and environmental ...

Untapped Potential: Emissions Reduction Initiatives Beyond Clean Power Plan Are Warranted, Workable

by Alice Kaswan | October 27, 2016
It's been a month since the D.C. Circuit heard oral arguments on the Clean Power Plan, and the nation is in wait-and-see mode. But our report, Untapped Potential: The Carbon Reductions Left Out of EPA's Clean Power Plan, released today by the Center for Progressive Reform, shows that, even if the Plan is upheld, continued climate initiatives to control existing power plant emissions are warranted and workable. Our analysis demonstrates that EPA identified numerous available reduction opportunities that were not ...

Landmark California Law Links Emissions Reductions and Environmental Justice Goals

by Alice Kaswan | September 19, 2016
California's recent climate legislation is noteworthy not only for its toughest-in-the-nation carbon reduction goals – 40 percent below 1990 emissions by 2030 – but also for continuing the state's tradition of linking climate and environmental justice goals. AB 197, which accompanied a carbon reduction bill known as SB 32, prioritizes direct emission reductions likely to improve air quality; increases public access to information about carbon, conventional, and toxic emissions; and establishes a new cross-cutting legislative oversight committee to systematically monitor ...

The Clean Power Plan: Continuing Momentum after the Supreme Court’s Stay

by Alice Kaswan | February 10, 2016
The Supreme Court’s February 9 stay of the Obama Administration’s Clean Power Plan may have removed the states’ immediate compliance obligations, and it will undoubtedly remove some pressure for action in states resistant to change.  Nonetheless, the extensive data and fundamental state and regional planning processes generated by the Clean Power Plan (the Plan) may continue to bear fruit even as the Plan remains in legal limbo. The Clean Power Plan has already triggered progress.  To determine feasible reductions on ...

The Paris Agreement and Theories of Justice

by Alice Kaswan | December 21, 2015
As we seek to understand and assess the Paris Agreement over the coming months and years, we will continue to contemplate the critical underlying political and ethical question: who should be responsible?  And to what degree should that responsibility take the form of direct action versus providing support in the form of financing, technology transfer, and capacity-building?  As my Center for Progressive Reform colleague Noah Sachs has observed, the principle of common but differentiated responsibility (CBDR) has been a consistent ...

The Clean Power Plan and Environmental Justice: Part Three

by Alice Kaswan | August 17, 2015
On Thursday and Friday of last week, I blogged about environmental justice and the Clean Power Plan. My first post considered how stringent targets and the right incentives could lead to significant aggregate reductions that will indirectly lead to reductions in co-pollutants that have a disproportionate impact on of-color and low-income communities. Friday, I examined the plan’s distributional effects and its provisions requiring community engagement. Today, I’ll examine provisions intended to help overburdened communities benefit from a transition to genuinely ...

The Clean Power Plan and Environmental Justice: Part Two

by Alice Kaswan | August 14, 2015
Yesterday in this space, I discussed how stringent Clean Power Plan targets are critical to achieving significant aggregate co-pollutant reductions that will indirectly benefit many overburdened communities. Today, I turn to classic environmental justice issues: the distributional effects of the plan and its community engagement provisions. As I explained in my short essay in CPR’s policy paper, The Clean Power Plan: Issues to Watch, it is difficult for EPA to directly control the plan’s distributional effects given the realities of ...

The Clean Power Plan and Environmental Justice: Part One

by Alice Kaswan | August 13, 2015
Though directed at greenhouse gases, the Clean Power Plan, by controlling existing fossil-fuel power plants, will have important implications for associated co-pollutants, many of which continue to be emitted at unhealthy levels notwithstanding decades of control.  The degree to which the Clean Power Plan will lead to reductions in traditional pollutants – the extent  of its “co-pollutant benefits” – is an especially important issue for communities experiencing the highest pollution levels, communities that are disproportionately of-color and low-income.  Hence, the ...

Utility Air Regulatory Group v. EPA: Little Impact on EPA Regulation of Greenhouse Gases

by Alice Kaswan | June 25, 2014
In Utility Air Regulatory Group v. EPA, seven members of the Supreme Court upheld the most important feature of the EPA’s Prevention of Significant Deterioration (PSD) program: the ability to require the vast majority of new and modified sources to install the “Best Available Control Technology” for reducing greenhouse gases (GHGs).  As a consequence, eighty-three percent of significant new and modified sources will continue to be subject to the BACT requirement for their GHG emissions. Although the Court reversed, by ...

Controlling Power Plants through Clean Air Act § 111(d): Achieving Co-Pollutant Benefits

by Alice Kaswan | June 19, 2014
Power plants are not only one of the nation’s largest sources of greenhouse gases, they are also a significant source of sulfur dioxide, nitrogen oxides, particulates, and mercury, all of which have direct public health and welfare consequences. EPA’s recently proposed Clean Power Plan, which applies Clean Air Act § 111(d) to reduce greenhouse gases (GHGs) from the nation’s fleet of fossil-fuel power plants, will have important implications for these ubiquitous co-pollutants.  Although the primary goal of the Clean Power ...

EPA’s New Source Proposal: The 'Category' Question

by Alice Kaswan | September 23, 2013
On September 20, 2013 the EPA proposed new source performance standards for greenhouse gas emissions for new power plants.  Although the agency repackaged and fine-tuned an earlier proposal, issued in April 2012, it continues to hold the coal industry’s feet to the fire.  The proposal makes clear that new coal-fired power capacity cannot be built without major reductions in carbon emissions. The agency’s new proposed rule continues to convey a critical message to utilities contemplating new energy-generation investments: utilities can ...

GHG Trading and Co-Pollutants: Expanding the Focus

by Alice Kaswan | September 09, 2013
I agree with David Owen’s recent blog post that David Adelman’s article, The Collective Origins of Toxic Air Pollution: Implications for Greenhouse Gas Trading and Toxic Hotspots, makes significant contributions to our awareness of the sources of toxic pollution and our collective responsibility for reducing emissions.  He focuses on the distributional implications of GHG trading for associated co-pollutants, addressing two important environmental justice issues: the extent to which its impacts on industrial emissions could lead to changes in relative levels ...

Environmental Justice and GHG Cap-and-Trade: It's More than a Complaint

by Alice Kaswan | June 13, 2012
California environmental justice groups filed a complaint last week with the federal Environmental Protection Agency arguing that California’s greenhouse gas (GHG) cap-and-trade program violates Title VI of the federal Civil Rights Act, which prohibits state programs receiving federal funding from causing discriminatory impacts.  They allege that the cap-and-trade program will fail to benefit all communities equally, and could result in maintaining and potentially increasing GHG emissions (and associated co-pollutant emissions) in disadvantaged neighborhoods that already experience disproportionate pollution. While the ...

Applying the Clean Air Act to Greenhouse Gases: What Does It Mean for Traditional Pollutants?

by Alice Kaswan | April 24, 2012
EPA’s March 27 release of a proposed rule to control greenhouse gas (GHG) emissions from new fossil-fuel power plants has reignited the long-standing debate over whether the Clean Air Act is an appropriate mechanism for controlling industrial sources. Congressional bills to repeal EPA’s CAA authority have been repeatedly (though unsuccessfully) introduced. Many environmentalists, while welcoming EPA’s initiative in the absence of any alternative, have suggested that new federal climate legislation would be preferable to applying the CAA. In a recently ...

Also from Alice Kaswan

Alice Kaswan is a Professor at the University of San Francisco School of Law, and a member of the board of directors of the Center for Progressive Reform.

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