Disaster Policy – Page 2 – Environmental and Energy Law Program

Legal Analysis

Equitable Disaster Relief: An Analysis of FEMA’s Legal Authority to Integrate Equity under the Stafford Act

The act’s discretionary function exception gives FEMA extraordinary flexibility in integrating equity considerations by shielding most FEMA rules, policies, and other decisions from judicial review.

October 13, 2021

Legal Analysis

A New Approach to Disaster Relief Funding? The Disaster Recovery Reform Act’s Promise for Pre-Disaster Mitigation

Climate change is likely to increase the frequency and cost of natural disasters in the U.S., underscoring the importance of a robust and proactive federal natural disaster response.

January 28, 2021

Socializing the CZMA: How Redefining “Community Resilience” Is Changing Coastal Management

As sea levels rise and catastrophic disasters become more frequent, coastal states are searching for ways to keep their communities safe and economies afloat. These strategies fall under the general […]

May 18, 2020

Legal Analysis

Energy Policy in the Age of Emergency Governance: New White Paper from Sharon Jacobs and Ari Peskoe

We live in an age of governance by emergency. In February, President Trump declared a national emergency to build a wall on the southern border after lawmakers repeatedly denied his […]

June 3, 2019

Legal Analysis

Arkema Chemical Plant & the 2017 Risk Management Program Amendments

In late August 2017, Hurricane Harvey brought an unprecedented amount of rain to the Houston area; some locations recorded more than 50 inches of rainfall. Subsequent flooding forced residents to […]

October 20, 2017