Climate, Climate Policy

1
Climate, Climate Policy Latinos

• Eileen Gauna
• University of New Mexico School of Law

2
The Early Warning Signsof Potential Health
Effects of Climate Change

• Heat related illnesses and death (often
  compounded by toxic air pollutants)
• TX 1998. More than 100 deaths
• Eastern USA 1999 more than 250 deaths
• California 2006 Heat Wave
• Disease from vectors- genetic adaptation in
  mosquitoes ? enhancing survival rates ?
  population growth and biting.
• Respiratory Illnesses and Death air pollution,
  wildfires, etc.
• Trauma from Extreme Storms and Weather Events
• (Dr. Paul English, CA Dept of Public Health
  study of Katrina)
• Who was at risk transportation dependent
• Direct Impacts estimated 971 deaths. Leading
  causes drowning, injury and trauma, heart
  conditions.
• Indirect impacts
• exacerbation of pre-existing chronic conditions
  from population displacement, mental health
  issues, and infectious disease.
• CO poisonings after loss of power.

3
Heat the silent killer

• California 2006 Heat Wave
• (Dr. Rupa Basu, Epidemiologic Studies of Ambient
  Temp in CA)
• 2.3 percent increase in deaths associated with a
  10F increase in apparent temperature
• Increased risk for cardiovascular
  mortality,elderly, young children, infants,
  race/ethnic groups
• No difference by gender or educational level
• Heat wave not necessary to find a temp effect in
  CA
• Temperature effect independent of air pollutants
• Estimated number of deaths during the heat wave
  of 2006 may be 1.5 to 3 times larger than coroner
  reports (147)

4
The Water Connection (Southwest)

• David Gutzler, UNM Dept Earth and Planetary
  Sciences
• Extended growing season (summers)
• Increases evaporation from reservoirs
• Decrease snowpack
• Decreased streamflow
• Increased drought severity
• Potential permanent droughts across the southwest

5
Potential Economic Effects of Climate Change

• Changing Landscape - relocations
• Alaska Village relocations from thawing tundra
• Sea level rise relocations
• Extreme Weather Events (Katrina)
• Displacement
• Ongoing damage abandonment to properties
• Infrastructure neglect
• Shifting Species Ranges and Invasive Species
• Hunting, fishing, farming, tourism
• Extended Dry Periods
• Farming, Tourism, etc.
• Water rights (individuals, municipalities,
  agriculture)
• Wildfires, e.g., 1998 (Florida 485,000 acres,
  Mexico 1.25 million acres)

6
Potential Inequities from Energy Policy (climate
policy and security policy)
Current siting issues (preemptive siting

• preemptive siting issues (instability in
  regulation and cost of imported oil)
• Over 120 coal fired capacity additions
• About 47 existing/proposed LNG terminals in North
  America 27 approved.
• Imperative Inequity siting issues (who bears
  the burden of the new energy infrastructure?)
• 200-300 ethanol biorefineries
• 32 nuclear power plants
• Several oil refineries (and many expansions,
  numerous waste to fuel plants, and high voltage
  transmission lines)
• Capacity and level playing field problems
• few resources to participate in the formulation
  of mitigation policy and adaptation initiatives
• Higher costs for basic necessities (food, water,
  energy), if unchecked, will have a regressive
  effect.
• Displacement of communities from efforts to
  reduce or reverse urban sprawl.
• Carbon Market Inequity How kinds of
  distributional impacts will carbon markets
  present.

7
Overarching concerns of Environmental Justice
Advocates to Cap and Trade

• philosophical objection to commodification of a
  right to pollute and the associated health
  effects.
• private transaction rather than a process with
  governmental accountability.
• Narrow focus of a market ease of administration,
  unfettered trades, low costs are in tension
  with the need to take more protective measures in
  vulnerable areas.
• Concerned about how disparities in power and
  resources will play out in a trading regime
  (e.g., associated rulemaking and low-visibility
  trading transactions).
• Pollution markets in the past have generated hot
  spots.
• Cap and Trade System Features specific concerns
• Inadequate caps
• Allocation of emission credits rather than
  auction
• Emission Offsets
• Leakage from regional markets
• Federal displacement of more protective regional
  GHG regulation

8
Legal Issues here and on the horizon

• Federal preemption of state and regional GHG
  reduction regulation (e.g., AB32, has
  environmental justice provisions)
• Federal preemption of state common law claims
• Displacement of federal common law
• Role of federal environmental laws
• Role of federal planning and disclosure laws
• Role of cost/benefit analysis
• Need for provisions to address environmental
  justice concerns

9
Conclusion

• Disparities are prevalent and persistent
• Climate change, climate policy and energy
  security policy will dramatically exacerbate
  these disparities on several fronts
• The issues are interrelated. A single focus on
  one issue may result in unintended consequences.
• These issues will only intensify if not
  addressed.
• Potential carbon market inequity has to be
  addressed at the front end