Alice Kaswan

A Survey of Federal Agency Response to President Clinton's Executive Order No. 12898 on Environmental Justice

We are attempting to assess the progress the federal government has made toward integrating environmental justice into its policies, programs, and activities, as well as whether federal agencies have made a substantial effort to direct and deliver environmental services to environmental justice communities. We are also interested in seeing if an agencys goals are matched by reality. This independent report will also allow federal agencies to compare their efforts with those of other agencies. One of our goals is that this survey will be the first in a periodic series to assess the ongoing efforts of federal agencies to advance environmental justice.

Reconciling Justice and Efficiency: Integrating Environmental Justice into Domestic Cap-and-Trade Programs for Controlling Greenhouse Gases

In the last thirty years, two opposing trends have emerged in environmental policy: environmental justice and market-based mechanisms. They present fundamental tensions. The environmental justice movement’s distributional goals conflict with market programs’ focus on cost-effectively achieving aggregate goals, without regard to distribution. And the environmental justice movement’s participatory goals conflict with market programs’ focus on industry autonomy and privatized decisionmaking. The tension between environmental justice and markets is arising in the context of cap-and-trade programs for greenhouse gases (GHGs). While GHGs do not impose localized harms, GHG trading policies nonetheless raise distributional issues because GHG gas emissions are inevitably accompanied by co-pollutants that do. After exploring the tensions between environmental justice and market goals, this book chapter articulates the importance of designing policies that attempt to achieve both justice and efficiency. Addressing the co-pollutant consequences of GHG trading policies could better serve overall social welfare than a narrow focus on GHG reductions alone. Incorporating arguments first articulated in Environmental Justice and Domestic Climate Change Policy, 38 ENVIRONMENTAL LAW REPORTER, NEWS & ANALYSIS 10287 (2008), http://ssrn.com/abstract=1077675, the chapter proposes several practical design mechanisms that could incorporate greater equity into cap-and-trade programs. Exploring the tension between equity and efficiency, the article addresses the potential economic and administrative efficiency consequences associated with each mechanism to achieve equity.

Climate Change and the Puget Sound: Building the Legal Framework for Adaptation

The scope of climate change impacts is expected to be extraordinary, touching every ecosystem on the planet and affecting human interactions with the natural and built environment. From increased surface and water temperatures to sea level rise and more frequent extreme weather events, climate change promises vast and profound alterations to our world. Indeed, scientists predict continued climate change impacts regardless of any present or future mitigation efforts due to the long-lived nature of greenhouse gases emitted over the last century. The need to adapt to this new future is crucial. Adaptation may take a variety of forms, from implementing certain natural resources management strategies to applying principles of water law to mimic the natural water cycle. The goal of adaptation efforts is to lessen the magnitude of these impacts on humans and the natural environment through proactive and planned actions. The longer we wait to adopt a framework and laws for adapting to climate change, the more costly and painful the process will become.This publication identifies both foundational principles and specific strategies for climate change adaptation across the Puget Sound Basin. The projected impacts themselves of climate change in the region were well studied in a landmark 2009 report by the state-commissioned Climate Impacts Group. This publication analyzes adaptation options within the existing legal and regulatory framework in Washington. Recognizing the economic and political realities may not lead to new legislation, the recommendations focus on how existing laws can be applied and made more robust to include climate change adaptation.