The laws around climate change and rising sea levels are always changing. The government is working on new rules to reduce greenhouse gases and deal with climate change. There are also court cases about things like property rights and flood damage. The public trust doctrine is being used to make the government do something about climate change. States and local governments are also coming up with their own ways to deal with these issues. Overall, the laws around climate change and rising sea levels are constantly evolving. The National Environmental Policy Act (NEPA) requires federal agencies to consider the environmental impacts of their actions and share that information with the public. In 2016, the Council on Environmental Quality (CEQ) issued guidance for how agencies should consider the effects of their actions on climate change. However, in 2017, this guidance was withdrawn. In 2019, new draft guidance was issued, focusing on evaluating greenhouse gas emissions for major federal actions to speed up environmental reviews for infrastructure projects. Other regulatory changes at the federal level include proposed policies to rescind methane requirements and amend fuel economy and emissions standards for cars and trucks. These changes have legal and environmental implications as governments plan for climate change and work on resiliency projects. Property owners have sued government agencies over actions related to climate change. One case involved the U.S. Army Corps of Engineers after Hurricane Katrina, where property owners claimed the Corps failed to maintain parts of the levy system, causing flood damage. In another case, a New Jersey family sued after the government took part of their beachfront property to build a dune, which blocked their ocean view. The court had to decide how to calculate fair compensation for the family, considering the benefits of the dune project. In the end, the family received a $1 settlement. Lawsuits based on nuisance theory are increasing because people want to hold companies responsible for the effects of climate change. Some cases have been successful, like when California counties and a city sued Chevron for causing climate change and making them spend money to adapt to it. Lawsuits have been filed against fossil fuel companies by local governments and states, claiming that their actions have caused damage. In one case, a homeowner sued a bank for giving bad advice about flood insurance, which led to his home flooding during a hurricane. The case was settled out of court. In 2019, Texas passed a new law requiring home sellers to disclose more information about flooding, including whether a home has flooded before and its location in relation to floodplains and reservoirs. This raises questions about the right level of risk for requiring flood insurance and who should bear that burden. In another case, young people are suing the federal government over climate change, arguing that it violated their constitutional rights. The government is trying to prevent the case from going to trial. The Florida Constitution also includes a public trust doctrine, which says the state has a legal duty to preserve public access to rivers, lakes, and tidelands. At the state and local levels, local governments are taking action to address the impact of climate change and sea-level rise. In Virginia Beach, a court upheld the cityâs authority to include sea-level rise factors in local planning and regulations, leading to the denial of a building authorization for a residential development. In Miami Beach, new regulations require seawalls to be built higher to protect against rising sea levels. These actions show that local governments are making efforts to address the challenges of climate change in their communities. Broward County and other local governments in Florida are working on plans to deal with rising sea levels and climate change. They are making rules about building near the coast and improving drainage systems to protect against flooding. Each area is coming up with its own rules because they have different problems to solve. Local governments will be the ones leading the way in dealing with issues like climate change and sea-level rise because they are responsible for planning, funding, and maintaining infrastructure, as well as controlling land use and development. Some upcoming challenges include conflicts between developers and established neighborhoods, managing climate and public-health issues, preserving historic buildings while making them resilient, protecting endangered animals in shrinking habitats, and updating old regulations to consider future conditions. Figuring out how to pay for changes to infrastructure and land use will be a big challenge. Laws about environmental protection and climate change will keep changing too. These are legal cases and laws related to environmental issues. They include cases about property rights, government actions, and climate change. There are also laws and ordinances from different places about stormwater management and zoning. Erin L. Deady is a lawyer in Delray Beach who helps clients with environmental and land use issues. She works with government and private sector clients on things like water, energy, and climate issues. She is certified as a land planner and is a leader in her field.
Source: https://www.floridabar.org/the-florida-bar-journal/new-evolutions-in-the-law-of-climate-change-and-sea-level-rise/
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