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

kaswan@usfca.edu

Faculty web page: http://www.usfca.edu/law/faculty/fulltime/kaswana.html