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Environmental Justiceand
Domestic Climate Policy
Prof. Alice KaswanUniversity of San Francisco School of Law
Symposium on “Advocating for an Environment of Equality: Legal and Ethical Duties in a Changing Climate”
University of Oregon Law SchoolSeptember 11, 2009
Climate Change Policy Parameters
Just greenhouse gas reductions?
or
Comprehensive restructuring?
The Climate Change Imperative: Dramatic Emissions Reductions
Source: Pew Center on Global Climate Change (April 13, 2009)
The Climate Justice Perspective
Comprehensive planning:• Increase energy security• Promote green technology development
and climate justice:• Environmental protection• Economic protection and opportunities
Justifications for Incorporating Environmental Justice
• Intrinsic moral value• Maximize social welfare• Political advantages
Van Jones:
“Today the ‘clean-tech’ revolution and the transformation of our aging energy infrastructure are poised to become the next great engines for American innovation, productivity and job growth, and social equity.”
Van Jones, The Green Collar Economy: How One Solution Can Fix Our Two Biggest Problems 180 (2008)
Overview
Environmental Benefits and Risks
Economic Risks and Benefits
Politics
Participation
California’s Example
Protect Vulnerable Populations from Climate Change Impacts
• Heat• Worsening air quality• Flooding• Flooding-related contamination
Maximize Social Welfare through Co-Pollutant Control
• Poor air quality in poor communities of color
• Significant public health consequences (and costs)
• Reducing the use of fossil fuels and maximizing co-pollutant reductions would create significant benefits that justify greater GHG-reduction costs
Environmental Co-Benefits:Fossil Fuels and Air Pollution
Percentage of Major Co-Pollutants from Fossil Fuel Combustion
Source: J. Andrew Hoerner & Nia Robinson, A Climate of Change: African Americans, Global Warming, and a Just Climate Policy for the U.S. 13 (2008).
Environmental Co-Benefits: California’s Estimates for 2020
Source: California Air Resources Board, Scoping Plan, Appendix H: Public Health Analysis H-36 (2008).
Policy Implications
• Promote renewable energy
• Limit the use of international and domestic offsets
• Target GHG reductions in the most polluted sectors or areas– Direct regulation– Trading limitations or incentives
Environmental Risks
Incorporate co-pollutant and other environmental risks in determining the appropriate role for renewable energy alternatives:
• Waste and biomass combustion• Diesel and Biofuels• Nuclear energy• Wind energy• Wave energy
Economic Risks
Economic implications of greening the grid:
Less cheap coal
More expensive alternative energy and higher energy costs?
Unemployment in the fossil fuel industry
Economic Risks: Regressive Impact of Increasing Energy Costs
Source: Terry Dinan, Congressional Budget Office, Testimony: The Distributional Consequences of a Cap-and-Trade Program for CO2 Emissions 5 (March 12, 2009)
Economic Risks:Climate Policy Implications
Use auction/tax/stimulus revenue to:
• Invest in energy efficiency and alternative energy for low-income households
• Provide revolving loan fund for energy efficiency and alternative energy for low-income (and other) households
• Direct rebates to poorest consumers
• Provide skills training for workers in the fossil fuel industry
Economic Benefits:Maximize Social Welfare by Reducing Inequity
Source: Alemayehu Bishaw and John Iceland, Census 2000 Brief, Poverty: 1999 8 (2003).
Economic Benefits:Renewable Energy and Employment
Source: J. Andrew Hoerner & Nia Robinson, A Climate of Change: African Americans, Global Warming, and a Just Climate Policy for the U.S. 33 (2008)
Economic Benefits:Alternative Energy Development
in Disadvantaged Areas
Example: wind energy on tribal lands
Key issues: tribal control and opportunities
Winona LaDuke: “Alternative energy represents an amazing social and political reconstruction opportunity.” (Winona LaDuke, Local Energy, Local Power, Yes Magazine (Winter 2007)(emphasis added))
Economic Benefits:Urban Revitalization
Energy Efficiency Retrofits
Urban Solar and Wind Energy Development
Waste Management
Local Food Production
Economic Benefits:Climate Policy Implications
Integrated economic and environmental development programs
- Job training
- Seed money
- Project coordination and management
- Federal/state/local roles?
The Politics of Integrating Environmental Justice
Impediment?
“Achieving greenhouse gas reductions will be hard enough!
Integrating environmental and economic justice considerations will only further complicate an already uphill battle”
Or a political opportunity?
The Value of a Comprehensive Approach:Social and Environmental Justice Deserve a Place
Reality: climate change legislation will address many important political and economic concerns pushed by numerous interest groups
Social and environmental justice concerns are likewise entitled to consideration
The Political Benefits of a Comprehensive Approach
A substantial transformation of the energy infrastructure will be politically, not just technically, challenging
Disadvantaged constituencies may be drawn to oppose efforts to green the grid due to economic concerns
A political coalition that includes, rather than opposes, disadvantaged groups may be likelier to succeed
Disadvantaged groups are unlikely to support a green agenda unless it addresses their concerns
Participatory Justice
In Luke’s honor:
Bottom-up participation by disadvantaged groups is essential to:
• Achieve political empowerment• Meet real rather than presumed needs• Build trust and substantive alliances
Example (?): California’s AB 32
Develop climate change regulations …
“in a manner that minimizes costs and maximizes benefits for California’s economy,
improves and modernizes California’s energy infrastructure and maintains electric system reliability,
maximizes additional environmental and economic co-benefits for California,
and complements the state’s efforts to improve air quality.”
Cal. Health & Safety Code §385921(h)
California’s AB 32 and Economic Justice
The state must, to the extent feasible,
“direct public and private investment toward the most disadvantaged communities in California.”
Cal. Health & Safety Code §38565
Contact Information
Prof. Alice Kaswan
University of San Francisco School of Law
2130 Fulton St.
San Francisco, CA 94117
(415) 422-5053
Faculty web page: http://www.usfca.edu/law/faculty/fulltime/kaswana.html