FIU Law Review

Volume 13 Number 1 Environmental Federalism Article 5

Summer 2018

Protecting the Environment in an Era of Federal Retreat: The View from New York City

Rebecca Bratspies [email protected]

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Part of the Administrative Law Commons, and the Environmental Law Commons

Online ISSN: 2643-7759

Recommended Citation Rebecca Bratspies, Protecting the Environment in an Era of Federal Retreat: The View from New York City, 13 FIU L. Rev. 5 (2018). DOI: https://dx.doi.org/10.25148/lawrev.13.1.5

This Article is brought to you for free and open access by eCollections. It has been accepted for inclusion in FIU Law Review by an authorized editor of eCollections. For more information, please contact [email protected]. 39895-fiu_13-1 symposium Sheet No. 6 Side A 09/13/2018 14:52:31








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Professor, CUNY School of Law, Director Center for Urban Environmental Reform. This article article This Reform. Environmental for Urban Center Director Law, of School CUNY Professor, P * III. IV. I. II. 2018-07-29 B benefited greatly from feedback at the Fall 2017 Fall the at feedback from greatly benefited in theFederalism I owe Trumpof Era. a gratitude debt CUNY colleagues Sarah to my and Lamdan Doug for McArdle and Andrea Robbins, Kalyani Owley, Jessica Ryan, Erin to support, research their for Cox their invaluable critique, and to the students in my Administrative Law class whose questions encouraged me to write on this topic. City York New the of Chair Constantidies, Costa Councilmember City with communication † Personal Comm Protection Environmental Council’s law has been built on federalism—on the notion that our nation’s shared air, air, shared nation’s our that notion the federalism—on built on been has law by standards protected most effectively and best were ecosystems and water, long- that Yet levels. local on more enforced and scale national a on set currently States United The head. its on turned been has pattern standing faces not just retreat, but outright host federal level.to It remember hard is recently that as the as Frank 2015, Introduc C Y 39895-fiu_13-1 symposium Sheet No. 6 Side A 09/13/2018 14:52:31 A 09/13/2018 No. 6 Side Sheet symposium 39895-fiu_13-1 39895-fiu_13-1 symposium Sheet No. 6 Side B 09/13/2018 14:52:31 4 M K C Y ition and and (Oct. (June (June 2 IMES IMES T [Vol. 13:5 13:5 [Vol. decimated decimated illions of high- 8 (June 16, 2017), 2017), 16, (June Climate Change Change Climate ,N.Y. ,N.Y.T (Aug. 6, 2017), 6, 2017), (Aug. (Dec. 15, 2016), 2016), 15, (Dec. llian title “Restoring EUTERS IMES illing restrictions on the R T ’ bon dioxide does not cause cause not does bon dioxide coal lobbyists, coal sought to eliminate sought to eliminate , 1 5 UARDIAN ecember 2016. In that role, he role, that In 2016. ecember , G til D ,N.Y. , AM), 5:16 2017, 13, (Mar. NPR ://www.cnbc.com/2017/03/09/epa-chief- ://www.washingtonpost.com/news/energy- limate deniers, limate Trump Wants to Repeal Obama’s Climate Plan. The The Plan. Climate Obama’s Repeal to Wants Trump member of the Trump Administration with extreme extreme with Administration Trump the of member Trump Wants to Lift Restrictions on ‘Clean Coal.’ Coal.’ on ‘Clean Restrictions to Wants Lift Trump under-trump-coal-mining-gets-new-life-on-us- ) 9/12/18 ) 3:14 PM /climate/trump-paris-climate-agreement.html. /climate/trump-paris-climate-agreement.html. 05/climate/trump-epa-andrew-wheeler.html. 05/climate/trump-epa-andrew-wheeler.html. 016/dec/15/trump-cabinet-climate-change-deniers. 016/dec/15/trump-cabinet-climate-change-deniers. litics/ ELETE D (Sept. 28, 2017). 2017). 28, (Sept. FIU LawFIU Review EPA Chief Scott Pruitt Scott Chief EPA ais Primary Not Dioxide Carbon Says OT OT N IMES (Nov. 22, 2016), https 2016), 22, (Nov. O T , https 2017), 9, (Mar. CNBC (D OST initiated a process to revoke the Waters of the United United the of Waters the revoke to process a initiated Trump Nominates a Coal Lobbyist to Be No. 2 at EPA 2 at No. Be to Lobbyist a Coal Nominates Trump 6 .P , N.Y. , Trump Will Withdraw U.S. from Paris Climate Agreement DOCX DOCX 2017/08/06/us/po ASH Trump’s Coal Plan Sends US Energy ‘Back to the Past the to ‘Back Energy US Sends Plan Coal Trump’s 2017/03/13/519954289/epas-chief-environmental-justice-official-steps-down. 2017/03/13/519954289/epas-chief-environmental-justice-official-steps-down. head key federal agencies.Sincetaking office January in FINAL. , W 3 disbanded EPA’s the Environmental Justice Office, 7 ://www.nytimes.com/2017/10/ ://www.nytimes.com/2017/06/01 RATSPIES To begin the process of eliminating the Clean Power Plan, Trump issued Executive Order titled, Orwe the with 2017), 28, (Feb. 12,497 Reg. 82 Fed. 13,778, No. Order Exec. Down Steps Officer Justice Environmental Chief EPA’s Michael D. Shear, Shear, D. Michael Alister Doyle, Trump’s EPA is run by Scott Pruitt, who is on record stating that car Deputy be EPA to Wheeler Andrew lobbyist Coal Murray longtime nominated Trump un ExxonMobil of CEO was Tillerson Rex State of Secretary ition to Motion to Quash at 6–7, People v. ExxonMobil Corp., No. 451962/2016 (N.Y. Sup. Ct. Ct. Sup. (N.Y. 451962/2016 No. Corp., ExxonMobil v. People 6–7, at Quash to Motion to ition 6 7 8 4 5 1 2 3 Next Fight: Its Replacement Its Fight: Next Denial in the Trump Cabinet: Where Do His Nominees Stand? Nominees His Do Where Cabinet: the Trump in Denial scott-pruitt.html. Sadly, Pruittis far from the only see members, cabinet of views climate the of roster a full For change. on climate views Contributor to Global Warming Global to Contributor the Clean Power Plan, States Rule, https://www.npr.org/ 2016, the Trump Administration has withdrawn from the Paris Accord, Paris the from withdrawn has Administration Trump the 2016, 6 2018-07-29 B in unanimously passed Act Century 21st the for Safety Chemical Lautenberg are issues environmental over bipartisanship any of days The Senate. the over,least at the for foreseeable future. C the Rule of Law, Federalism, and Economic Growth By Reviewing the Waters of the United States Rule.” Rule.” States United the of Waters the Reviewing By Growth and Economic Federalism, Law, of Rule the Defin rule. Obama-era the rescind moved to of Engineers Corps Army and the EPA the response, In (proposed 34,899 Reg. 82 Fed. Rules, Pre-Existing of States”—Recodification United the of “Waters of 2017). 27, July “Promoting Energy Independence and Economic Growth.” Exec. Order No. 13,783, 82 Fed. Reg. 16,093 16,093 Reg. 82 Fed. 13,783, No. Order Exec. Growth.” and Economic Independence Energy “Promoting see a discussion, For Friedman, 2017). 28, Lisa (Mar. Administrator. Lisa Administrator. Lisa Friedman, global warming. Tom DeChristopher, DeChristopher, Tom warming. global environment/wp/2016/11/22/trump-wants-to-lift-restrictions-on-clean-coal-whatever-that-is. environment/wp/2016/11/22/trump-wants-to-lift-restrictions-on-clean-coal-whatever-that-is. 5, 2017), https 2017), 5, http://www.reuters.com/article/us-climatechange-vatican-idUSKBN197216; Eric Lipton & Barry Meier, Lands on US a Life New Gets Mining Coal Trump, Under production of American energy, including shale energy and clean coal, creating many m creating coal, clean and energy shale including energy, American of production Mufson, & Mooney Steven Chris jobs.” paying Is. That Whatever lands.html. During the 2016 campaign, Trump repeatedly touted his willingness to promote coal mining, mining, coal promote to willingness his touted repeatedly Trump 2016 campaign, the During lands.html. job-k “cancel to promised election the after speeches first his one of and in https://www.nytimes.com/ https://www.theguardian.com/environment/2 vocally promoted the use of coal and other fossil fuels, fossil other and coal of use the promoted vocally 1, 2017), https 2017), 1, oil executives has been accused of misleading shareholders about the costs of climate change. Memorandum of Law in in Law of Memorandum change. climate of costs the about shareholders misleading of accused been has Oppos 2017). 2, June 39895-fiu_13-1 symposium Sheet No. 6 Side B 09/13/2018 14:52:31 B 09/13/2018 No. 6 Side Sheet symposium 39895-fiu_13-1 39895-fiu_13-1 symposium Sheet No. 7 Side A 09/13/2018 14:52:31 , 18 M. IMES just just 12 (2017), (2017), ,N.Y.T 7 LEXANDRA LEXANDRA (May 13, 2017, 2017, 13, (May UTHORITY FOR FOR UTHORITY A A See IMES (July 27, 2017), 2017), 27, (July TONE ECOMMENDATIONS S R , L.A. T COPE OF litics/document-Pruitt-v-EPA-a- and that is just a few of that of and is just a few :S 11 ORCE CT F A ahoma Attorney General Attorney ahoma OLLING OLLING ASK ASK is that “regulators exist to give give to exist “regulators that is ,R T 13 15 2017/01/14/us/po NTIQUITIES NTIQUITIES a sweeping revamp of how the the how of revamp sweeping a UPERFUND UPERFUND /2017/02/21/watch-scott-pruitt-deliver-a-speech-to-epa- Emblematic of Pruitt’s approach is the the is approach Pruitt’s of Emblematic ) 9/12/18 ) 3:14 PM 17 16 3 (2016). 3 (2016). ]. ]. attempted to eliminate national parks and and parks national eliminate to attempted ELETE 9 82 Fed. Reg. 11,129 (Feb. 17, 2017); Presidential Memorandum Memorandum Presidential 2017); 17, (Feb. 11,129 Reg. Fed. 82 ,EPAS D OT OT ORCE ., R44687, A N F (2018). (2018). O GENCY ONUMENTS ERV (D S ASK ASK M nguishes without potable water, reliable electricity, or access to basic or to access electricity, reliable water, potable without nguishes .A s://www.cnbc.com T et seq et DOCX DOCX ROT till la s/production/files/2017-07/documents/superfund_task_force_report.pdf s/production/files/2017-07/documents/superfund_task_force_report.pdf .P ATIONAL ATIONAL , EPA, https://www.epa.gov/aboutepa (last visited Oct. 31, 2017). 2017). 31, Oct. visited (last https://www.epa.gov/aboutepa , EPA, ESEARCH ESEARCH FINAL. N approved controversial oil pipelines, oil controversial approved UPERFUND UPERFUND NVTL S Pruitt’s vision of the agency’s mission (which incidentally is “to “to is incidentally (which mission agency’s the of vision Pruitt’s ScottPruitt’s Crimes AgainstNature 10 .R ingstone.com/politics/politics-features/scott-pruitts-crimes-against-nature-195720/. reprinted as amended in in amended as reprinted 14 Exec. Order No. 13,807, 82 Fed. Reg. 40,469 § 6 (Aug. 15, 2017). This Executive Order Order Executive This 2017). 15, 6 (Aug. § 40,469 Reg. 82 Fed. 13,807, No. Order Exec. Protecting the Environment in an Era of Federal Retreat Federal of Era in an Environment the Protecting ONG RATSPIES About EPA About EPA Chief Scott Pruitt Says Regulators ‘Exist to Give Certainty’ in First Speech to Agency U.S. E §§ 9601 42 U.S.C. Presidential Memorandum on Construction of the Dakota Access Pipeline, 82 Fed. Reg. 8661 8661 Reg. 82 Fed. Pipeline, Access Dakota the of on Construction Memorandum Presidential See At this writing, months after Hurricane Maria wreaked havoc in Puerto Rico, the majority of Pruitt v. EPA: 14 Challenges of EPA Rules by the Okl Exec. Order No. 13,792, 82 Fed. Reg. 20,429 (Apr. 26, 2017). No President has ever before before ever has President No 2017). 26, (Apr. 20,429 Reg. Fed. 82 13,792, No. Order Exec. Trump’s EPA Dismisses Half the Scientists on Its Advisory Board ,C Overseeingall these environmental rollbacksbeen has E.Scott Pruitt, 15 16 17 18 11 12 13 14 9 10 M K YATT ODIFICATIONS OF OF ODIFICATIONS protect human health and the environment”) the and health human protect the administration’s most visible anti-environmental activities. As an an As activities. anti-environmental visible most administration’s the an issued Trump decisions, these in inherent perversity the of example standards management risk flood Obama-era revoking order executive Act Liability and Compensation Response Environmental Comprehensive on Construction of the Keystone XL Pipeline, 82 Fed. Reg. 8663 (Jan. 24, 2017). 2017). 24, 8663 (Jan. Reg. Fed. 82 Pipeline, XL Keystone the of on Construction (Jan. 14, 2017), https://www.nytimes.com/interactive/ see record, environmental disastrous Pruitt’s of description a full For Compilation-of-Oklahoma-14.html. Goodell, Jeff certainty to those they regulate.” they those to certainty governmental services. services. governmental revoked President Obama’s Executive Order No. 13,690 Obama’s of January President 30, 2015,revoked titled “Establishing a Federal Flood Risk Managementand Standard a for Process Further Solicitingand Considering Stakeholder Input.” http 2017), 21, (Feb. CNBC (Jan. 24, 2017), 2017), 24, (Jan. s population island’s the tried to revoke a National Monument designation, and Attorney General Opinions dating back to the 1930s 1930s the back to dating Opinions General and Attorney designation, Monument a National revoke to tried have concluded that the Antiquities Act doesnot give the president thatpower. weeks before devastating hurricanes wreaked flooding havoc in Texas, Texas, in havoc flooding wreaked hurricanes devastating before weeks Rico. Puerto and Islands, Virgin the Florida, Trump’s choice to head the EPA. Pruitt’s major qualification for the job was was job the for qualification major Pruitt’s EPA. the head to choice Trump’s of General Attorney as serving while times fourteen EPA the sued he that Oklahoma. staff-live.html. W M 2018] 2018] 2018-07-29 B Board, Advisory Science the https://www.roll https://www.epa.gov/site [hereinafter EPA Superfund Task Force Report, Force Task Superfund monuments, 1:03 http://www.latimes.com/politics/washington/la-na-essential-washington-updates-trump-s-epa- PM), dismisses-half-of-the-1494273804-htmlstory.html. C Y 39895-fiu_13-1 symposium Sheet No. 7 Side A 09/13/2018 14:52:31 A 09/13/2018 No. 7 Side Sheet symposium 39895-fiu_13-1 39895-fiu_13-1 symposium Sheet No. 7 Side B 09/13/2018 14:52:31 M K 19 20 C Y , L.A. EHRUM EHRUM W [Vol. 13:5 13:5 [Vol. at 25. at Id. TATEMENT ON TATEMENT (Nov. 28, 2017), 2017), 28, (Nov. ,S OST ORKS .P Much like the carefully .W 24 ASH (Apr. 24, 2006), 2006), 24, (Apr. In the Heart of Coal Country, Gets EPA Country, of Coal the Heart In UB P 035 (Oct. 16, 2017). The agency was perhaps perhaps was agency The 2017). 16, 035 (Oct. IMES , W whose “flagrant disregard for the the for disregard “flagrant whose com/95337101-132.html. The agency was also agency was also The com/95337101-132.html. 22 T AND T AND ’ NV E note 17. ) 9/12/18 ) 3:14 PM In November 2017, the EPA boasted that it it that EPA boasted 2017, the November In nate.gov/public/index.cfm/2006/4/post-ea292535-0f1f-42f9- ON 23 . ELETE supra D , FIU LawFIU Review OT OT OMM N http://www.latimes. C ORCE ,N.Y.T O F 21 (D ASK ASK T ENATE ENATE DOCX DOCX ,S om/2006/04/24/opinion/dubious-choices.html. om/2006/04/24/opinion/dubious-choices.html. FINAL. UPERFUND UPERFUND EFFORDS J EPA Proposed Repeal of Carbon Pollution Emissions Standards for Existing Stationary Stationary Existing for Standards Emissions Pollution Carbon of Repeal Proposed EPA (2006), https://www.epw.se (2006), at 15–19. 15–19. at RATSPIES IM See EPA S groups justice environmental 40, in Recommendation Report, the page of second-to-last the On Id. Choices Dubious J The Administration’s nominee to head the EPA’s air program is an an is program air EPA’s the to head nominee Administration’s The (Dec. 1, 2017, 9:41 AM), AM), 9:41 2017, 1, (Dec. 24 19 20 21 22 23 OMINATION IMES Clean Air Act [was] alarming.” Sources: Electric Utility Generating Units, 82 Fed. Reg. 48, proposals to reject it urged players and many industry Commerce, of Chamber the when there surprised Halper, Evan emissions. gas greenhouse regulating from entirely refrain to skeptics climate from Far Too Go They’ll Worry Now Rollbacks Regulation Climate Trump’s Cheered That Industries are included in a laundry list of those with whom the agency should hold meetings. meetings. hold agency should the whom with those of list a laundry in included are be7a-661b2b84f501. be7a-661b2b84f501. N industry lawyer who was rejected for that same position during the Bush Bush the during position same that for rejected was who lawyer industry man” hit “doctrinal a as administration 8 2018-07-29 B of problem pressing with the deals “Superfund”) or (“CERCLA” formal no with months, two just in Written sites. industrial contaminated explicitly however, does Report the comment, to opportunity or input, public letters but welcome, “unsolicited considered agency the that acknowledge businesses,” individual and groups trade industry, from papers white and T https://www.nytimes.c confronted by testimony from residents, including former minerscoal suffering from respiratory ailments, health put to agency the urging and abandonment” their not help, immediate “EPA’s needed they asserting Dennis, Brady coal industry. the of desires above the concerns Plan Power the Clean About an Earful By contrast, “redevelopment” is mentioned thirty-nine times, “reuse” is “reuse” times, thirty-nine is mentioned “redevelopment” By contrast, ten and pages four devotes Agency the and times, sixty-eight mentioned in investing those protect better how to to specifying Recommendations properties. contaminated but references no input whatsoever from any affected communities, or from from or communities, affected any from whatsoever no input but references the up clean to “passion a by motivated Purportedly groups. environmental Superfund for goals five identifies Report this pollution,” worst country’s those achieving for recommendations forty-two makes and enforcement, priorities cleanup Superfund reorient to is document the of thrust The goals. redevelopment toward and outcomes, environmental and health from away this out in laid Recommendations and Goals The sites. contaminated of do nor to “health,” reference no make Superfund implementing for Report “vulnerable or “children,” “nature,” “ecosystems,” mention they once. exactly justice” “environmental mentions Report The populations.” went “in the heart of coal country” to hold a public hearing about the agency’s agency’s the about hearing public a to hold country” coal of heart the “in went Plan. Power Clean the to eliminate proposal 39895-fiu_13-1 symposium Sheet No. 7 Side B 09/13/2018 14:52:31 B 09/13/2018 No. 7 Side Sheet symposium 39895-fiu_13-1 39895-fiu_13-1 symposium Sheet No. 8 Side A 09/13/2018 14:52:31 . ., 33 OLUM , 90 C , OHEN ET AL ET OHEN 9 (Mar. 26, 2012), 2012), 26, (Mar. T. C UREAU ARRYL : 6 (2015), 2000–2013 B Cities therefore offer offer therefore Cities 30 LACES ENSUS ENSUS P —with urban populations populations —with urban 31 , U.S. C uburbs. Thus, the boundaries of an urban an urban of the boundaries Thus, uburbs. ’s Petition to Revoke Tolerances, 82 Fed. 82 Fed. Tolerances, Revoke to Petition ’s According to the United States States United the to According What Richard Briffault called even in theabsence of federal 32 29 28 NCORPORATED NCORPORATED I ) 9/12/18 ) 3:14 PM note 28, at 7. The United States Census Bureau defines an an defines Bureau Census States United 7. The at 28, note /library/publications/2015/demo/p25-1142.pdf. ://mashable.com/2017/03/28/trump-climate-change-rollback- ELETE RENDS IN D T supra supra ., s/energy-environment/wp/2017/11/28/in-the-heart-of-coal- OT OT N O and refused to ban chlorpyrifos, a pesticide that the the that pesticide a chlorpyrifos, to ban refused and (D 26 boundaries. boundaries. Our Localism: Part 1—the Structure of Local Government Law Government of Local Structure 1—the Part Localism: Our OPULATION OPULATION DOCX DOCX OHEN ET AL OHEN ET In Ultimate Insult, Trump Rolls Back EPA’s Climate Policies from Within the ,P , C FINAL. (Mar. 27, 2017), https 2017), 27, (Mar. UREAU B Protecting the Environment in an Era of Federal Retreat Federal of Era in an Environment the Protecting 27 RATSPIES Gina McCarthy, Address at Columbia Law School’s Third David Sive Memorial Lecture on on Lecture Memorial Sive David Third School’s Law Columbia at Address McCarthy, Gina Richard Briffault, See generally Nation of Rest Outpaces Populations Urban in Growth Id. Maria Gallucci, Gallucci, Maria Kits, and Glider Engines, Glider 82 Fed. Vehicles, Glider for Requirement Emission of Repeal Order DenyingChlorpyrifos; and PANNA NRDC The nation’s 10 largest cities are home to over 25 million people. D this hearing was intended to be political theatre justifying sweeping sweeping justifying theatre political be to intended was hearing this ASHABLE 25 ENSUS . 1 (1990). . The United States is rapidly urbanizing rapidly is States United The There is no escape from the conclusion that the Trump Administration Administration Trump the that conclusion the from escape is no There to how about make cities that choices the in lies answer the of Part 29 30 31 32 33 25 26 27 28 ,M EV M K regulatory rollbacks. The agency also issued a notice of proposed rulemaking rulemaking proposed of notice a issued also agency The rollbacks. regulatory stringent more from kits”) “glider (so-called trucks refurbished to exempt regulations, emissions https://www.census.gov/newsroom/releases/archives/2010_census/cb12-50.html. https://www.census.gov/newsroom/releases/archives/2010_census/cb12-50.html. EPA Reg. 16,581 (Apr. 5, 2017). 2017). 5, (Apr. 16,581 Reg. Environmental Law (Sept. 28, 2017). 2017). 28, (Sept. Law Environmental Census Bureau, 80.7% of Americans live in urban areas, loosely defined. loosely areas, urban in live Americans of 80.7% Bureau, Census potential as a locus for environmental law, innovation, and enforcement enforcement and innovation, law, environmental for locus a as potential pullbacks. to federal untethered leadership. As Former EPA Administrator Gina McCarthy put it, “Cities are are “Cities it, put McCarthy Gina EPA Administrator As Former leadership. in.” still They’re is. action the where L. R country-epa-gets-an-earful-about-clean-power-plans-fate/. country-epa-gets-an-earful-about-clean-power-plans-fate/. https://www.washingtonpost.com/new 2018] 2018] 2018-07-29 B that on Order Executive the for ceremony signing 2017 March scripted topic, U.S. C urban area to include a city and its adjacent, densely settled s area may differ from political intends to abandon the federal government’s the decades-longtointends abandon project of to happen will what is, question The protection. environmental now? law environmental footprints, environmental their manage https://www.census.gov/content/dam/Census “localism,” the power of cities to drive local policy, is a value deeply deeply value a is policy, local drive to cities of power the “localism,” culture. political and legal American in the embedded order-from-epa/. growing by 12.1% over the last decade. last the over by 12.1% growing EPA’s own scientists had concluded posed an undue risk of harm to young to young harm of risk undue an posed concluded had own scientists EPA’s children. Reg. 53,442 (proposed Nov. 16, 2017). 2017). 16, Nov. (proposed 53,442 Reg. C Y 39895-fiu_13-1 symposium Sheet No. 8 Side A 09/13/2018 14:52:31 A 09/13/2018 No. 8 Side Sheet symposium 39895-fiu_13-1 39895-fiu_13-1 symposium Sheet No. 8 Side B 09/13/2018 14:52:31 , M K C Y 2 (2012). 2 (2012). [Vol. 13:5 13:5 [Vol. oughly a fifth of a fifth oughly 36 CONOMY (Jul. 1, 2017), 2017), 1, (Jul. E New York City is is New York City 37 LOBAL G UREAU UREAU chive/2012/05/what-is-the-worlds- B Thus, choicesthe that New 38 ITIES IN THEITIES IN note 34. 34. note ENSUS :USC supra supra ltiple comprehensive rankings of global cities, including ) 9/12/18 ) 3:14 PM onomic Power Index, the Economist’s Global City City Global the Economist’s Index, Power onomic MERICA 39 What is the World’s Most Economically Powerful City? Powerful Economically Most World’s is the What A ELETE , U.S. C D FIU LawFIU Review OT OT RBAN RBAN N //www.theatlantic.com/business/ar O ., U (D DOCX DOCX , Richard Florida, Florida, Richard , FINAL. ANYIKA ET AL ET ANYIKA M at 1. at and nowhere is that more true than in the United States. In 2010, 2010, In States. United the in than true more that is nowhere and RATSPIES AMES AMES (May 8, 2012), https: 2012), 8, (May McKinsey predicted that by 2025, the 259 largest United States cities cities States United largest 259 the 2025, by that predicted McKinsey J Id. on mu second or first ranks York New QuickFacts: New York that urgency the underscore only Juan and San Miami, Houston, in experiences recent More See generally 34 35 This combination of a large population at high vulnerability puts New New puts vulnerability high at population large a of combination This If cities are powerful economic engines, New York City stands alone as as alone stands City York New engines, economic powerful are cities If 35 36 37 38 39 34 TLANTIC York City on the front lines of climate change. Fortunately, New York City’s City’s York New Fortunately, change. climate of lines front the on City York the to position eager and vulnerability, the of well-aware are leaders political combat to action global and national driving in role leadership a play to city the after months and days the in that surprise no is it Thus change. climate the from path divergent markedly a took City York New 2016 election, from away backed has government federal the Where government. federal New 2017, In forward. stepped City York New protection, environmental environmental new of slew a enacted Council City and Mayor City’s York air justice, environmental change, climate like issues On policies. and laws York New transportation, public and quality, water waste, food pollution, some describe will paper This forward. ball the move to attempted has City of those efforts, focusing climate on change and environmental justice. York City makes have the potential to shape the environmental behaviors of of behaviors environmental the shape to potential the have makes City York like City, York New Moreover, population. States United the of 17% roughly Hurricane change. climate about to care reason has cities, coastal many from faces area metropolitan York New the risks the underscored Sandy rising seas extreme and weather. the Martin Prosperity Institute’s Global Ec Competitiveness Index, AT Kearney’s Global Cities Index, the Global Finance Center’s Index, and Florida, 2025 Index. GDP City Global McKinsey’s the nation’s largest city, with more than 8.4 million residents. The New York York New The residents. million 8.4 than more with city, largest nation’s the urban populous most single the is Newark, includes which area, metro City inhabitants. million 18.3 than more with area, coastal cities across the globe feel with regard to combatting the effects of climate change. A will collectively drive more than 10% of global GDP growth. GDP global of 10% than more drive collectively will 10 2018-07-29 B economic outsized an have areas metropolitan and cities globe, the Across impact, most-economically-powerful-city/256841/ (the top 10 cities alone are responsible for r production). economic global https://www.census.gov/quickfacts/NY. https://www.census.gov/quickfacts/NY. nearly 85% of the United States’ GDP was generated by the nation’s largest largest nation’s the by generated was GDP States’ United the of 85% nearly cities. by far the most economically powerful city in the world. the in city powerful economically most the by far 39895-fiu_13-1 symposium Sheet No. 8 Side B 09/13/2018 14:52:31 B 09/13/2018 No. 8 Side Sheet symposium 39895-fiu_13-1 39895-fiu_13-1 symposium Sheet No. 9 Side A 09/13/2018 14:52:31 8 See The IMES (Jan. ,N.Y. The The NASA, 46 ERVICE YNTHESIS IMES S , NASA, Human Human Yet the the Yet , N.Y., T 11 42 43 2014 S The last time time last The ,N.Y.T (Sept. 3, 2016), 2016), 3, (Sept. (May 18, 2017), 2017), 18, (May 44 . (Sept. 30, 2016), 2016), 30, . (Sept. ONITORING ONITORING M , NASA (Jan. 20, 2016), 2016), 20, (Jan. NASA , IMES M IMES HANGE HANGE T C .A CI www.ipcc.ch/pdf/assessment- LACIER , S G 2017/06/09/climate/antarctica-rift- ,N.Y. , N.Y. T LIMATE West Antarctic Ice Sheets and CO2 CO2 and Sheets Ice Antarctic West 23 (2002); Jan Zalasiewicz et al., al., et Zalasiewicz Jan (2002); 23 ,C ORLD ORLD In coastal zones, “sunny day day “sunny zones, coastal In ATURE HANGE 47 . 2228 (2010). (2010). 2228 . C 321 (1978). (1978). 321 ECH , 415 N , 415 science/earth-highest-temperature-record.html; John H. Mercer, Mercer, H. John 7 (2014), https:// 7 (2014), W 2012–2013, 2016/09/04/science/flooding-of-coast-caused-by-global- LIMATE .&T ) 9/12/18 ) 3:14 PM ATURE C CI See .S ELETE D , 271 N , ULLETIN ULLETIN B OT OT NVTL N e/2017/05/18/climate/antarctica-ice-melt-climate-change.html; Jugal Jugal e/2017/05/18/climate/antarctica-ice-melt-climate-change.html; ANEL ON ON ANEL O and many coastal cities will face inundation in the the in inundation face will cities coastal many and OLICYMAKERS Alaska’s Glaciers Are Retreating P P (D 48 , 44 E Geology of Mankind of Geology HANGE HANGE HANGE C C DOCX DOCX Indeed, the Intergovernmental Panel on Climate Change Change on Panel Climate the Intergovernmental Indeed, ://www.nytimes.com/ Miles of Ice Collapsing Into the Sea the Into IceCollapsing of Miles 41 An Iceberg the Size of Delaware Just Broke Off a Major Antarctic Ice Shelf Earth Sets a Temperature Record for the Third Straight Year Straight Third the for Record a Sets Temperature Earth Flooding of Coast, Caused by Global Warming, Has Already Begun Has Already Warming, by Global Caused Coast, of Flooding Glaciers are retreating at a rate “without precedent.” “without rate a at retreating are Glaciers gov/gistemp/tabledata_v3/GLB.Ts+dSST.txt. Anyone under the age of 32 (as of this this of 32 (as of age the under Anyone gov/gistemp/tabledata_v3/GLB.Ts+dSST.txt. LACIER 45 FINAL. A Sharp Increase in ‘Sunny Day’ Flooding Day’ ‘Sunny in Increase Sharp A sa.gov/research/news/20160120/. sa.gov/research/news/20160120/. G ://www.nytimes.com/2017/01/18/ LIMATE Paul J. Crutzen, Crutzen, J. Paul C UMMARY FOR Protecting the Environment in an Era of Federal Retreat Federal of Era in an Environment the Protecting at 2. at Scientists have conclusively documented the anthropogenic origins origins anthropogenic the documented conclusively have Scientists RATSPIES LOBAL ://www.ipcc.ch/graphics/speeches/robert-watson-november-1999.pdf. NTERGOVERNMENTAL NTERGOVERNMENTAL Justin Gillis, Justin Gillis, Id. See Justin Gillis, Celsius Degrees 0.01 in Index Temperature Land-Ocean GLOBAL G Robert T. Watson, Chairman, Intergovernmental Panel on Climate Change, Report to the Fifth the Fifth to Report Change, on Climate Panel Intergovernmental Chairman, Watson, T. Robert I 40
:S I. We have known for nearly-two decades that “[i]t is not a question of of question is not a “[i]t that decades nearly-two known for have We (July 12, https://www.nytimes.com/interactive/ 2017), 47 48 42 43 44 45 46 40 41 M K EPORT IMES Greenhouse Effect: A Greenhouse A Threat of Disaster Effect: warming-has-already-begun.html. Sunny day flooding refers to tidal flooding due to rising sea levels. levels. sea rising due to flooding to tidal refers day flooding Sunny warming-has-already-begun.html. Jonathan Corum, update.html. For decades, scientists have been warning of the catastrophic sea level rise associated with with associated rise sea level catastrophic the of have been warning scientists decades, For update.html. climate-change induced Antarctic melting. speed and scale of the changes has exceeded prediction. Sixteenthe of 2000. since occurred have on record years warmest seventeen flooding” is on the rise, the on is flooding” https://data.giss.nasa. temperatures. global average below with month a single through lived never has writing) the world experiencedmonth below a average with temperatures was 1985. February of climate change. climate of (Sept. 4, 2016), https 2016), 4, (Sept. impacts on the global environment have become so omnipresent that the term term the that omnipresent so become have environment global the on impacts scientists. among debate esoteric an longer is no Anthropocene Antarctic ice shelves are disintegrating. K. Patel & Justin Gillis, https://www.nytimes.com/interactiv Conference of the Parties of the United Nations Framework Convention on Climate Change (Nov. 2, 2, (Nov. Change on Climate Convention Framework Nations United the of Parties the of Conference https 1999), R 2018] 2018] whether the Earth’s climate will change, but rather when, where, and by how by how and where, when, rather but change, will climate Earth’s the whether much.” 2018-07-29 B T New World of the Anthropocene (2015); Margaret K. Hobson, Hobson, K. Margaret (2015); https://www.scientificamerican.com/article/alaska-s-glaciers-are-retreating/. report/ar5/syr/AR5_SYR_FINAL_SPM.pdf. report/ar5/syr/AR5_SYR_FINAL_SPM.pdf. (“IPCC”) characterized the scientific evidence as “unequivocal.” NOAA Analysis Reveals Record Shattering Global Warm Temperatures in 2015 in Temperatures Warm Global Shattering Record Reveals Analysis NOAA https://www.giss.na 18, 2017), https 2017), 18, C Y 39895-fiu_13-1 symposium Sheet No. 9 Side A 09/13/2018 14:52:31 A 09/13/2018 No. 9 Side Sheet symposium 39895-fiu_13-1 39895-fiu_13-1 symposium Sheet No. 9 Side B 09/13/2018 14:52:31 , , M K OF OF C Y . lting (May . (Sept. . (Sept. NST I M Planes , NOAA, NOAA, , Is Global Global Is CIENTISTS ONCERNED ONCERNED .A S 55 C CI [Vol. 13:5 13:5 [Vol. UARDIAN ,S CRIPPS Record , G ,S 2 NION OF OF NION 145 (2004) (predicting (predicting (2004) 145 , U ONCERNED C In September 2016, 2016, September In OME ATURE 51 , NASA (May 21, 2013), 2013), 21, (May NASA , H ill be committed to extinctionby IT H 2016/may/11/worlds-carbon-dioxide- , 427 N , r-first-time-earths-single-day-co2-tops- -warming-increases-nuisance- EAS EAS S NION OF OF NION emissions and therefore climate climate therefore and emissions 2 ISING ISING , U R For First Time, Earth’s Single-Day CO2 Tops 400 400 Tops CO2 Single-Day Earth’s Time, First For HEN gov/news/916/fo ) 9/12/18 ) 3:14 PM ., W ELETE ://scripps.ucsd.edu/programs/keelingcurve/2016/09/23/note-on- Notes on Reaching the Annual Low Point Low Annual the Reaching on Notes D FIU LawFIU Review 50 OT OT N O ://climate.nasa. (D active/2016/09/04/science/global It’s So Hot in Arizona that Street Signs and Mailboxes are Me are Mailboxes and Signs Street that Arizona in So Hot It’s IEGFRIED AL ET Extinction Risk from Climate Change Climate from Risk Extinction ://www.theguardian.com/environment/ DOCX DOCX -S Climate change is driving global biodiversity to the the to biodiversity global is driving change Climate Heatwaves in Arizona prompted residents to flood social social flood to residents prompted Arizona in Heatwaves 49 54 ://www.scientificamerican.com/article/earth-s-co2-passes-the-400-ppm-threshold- Earth’s CO2 Passes the 400PPM Threshold—Maybe Permanently Threshold—Maybe 400PPM the CO2 Passes Earth’s gov/gmd/ccgg/trends/full.html; gov/gmd/ccgg/trends/full.html; FINAL. gov/400ppmquotes/ (quoting NASA scientist Dr. Annmarie Elderling on the first first on the Elderling Annmarie Dr. scientist NASA (quoting gov/400ppmquotes/ PANGER S (Sept. 23, 2016), https 2016), 23, (Sept. illion); Robb Monroe, (June 26, 2017), https://www.accuweather.com/en/weather-news/its-so-hot-in-arizona- While there is nothing magical about 400 ppm, it had taken on on taken had it ppm, 400 about magical nothing is there While 53 52 RATSPIES RIKA RIKA 16–20 (2017). (2017). 16–20 NASA Scientists React to 400 ppm Carbon Milestone Carbon ppm 400 to React Scientists NASA change see and climate wildfires between relationship the of an explanation For Chaffin Mitchell, Trends in Atmospheric Carbon Dioxide: Full Mauna Loa CO Mauna Loa Full Dioxide: Carbon Atmospheric in Trends Kahn, Brian E Thomas, D. Chris EATHER World’s Carbon Dioxide Concentration Teetering on the Point of Return of No Point on the Teetering Concentration Dioxide Carbon World’s We are already seeing glimmers of what thismean will for our lives. Global atmospheric carbon levels have increased 24% since since 24% increased have levels carbon atmospheric Global W 53 54 55 51 52 49 50 , NASA (May 9, 2013), https 2013), 9, (May NASA , CCU CEANOGRAPHY CIENTISTS media with photos of eggs, cookies, and meat cooking in the sun. the in cooking meat and cookies, eggs, of photos with media impacts.” symbolic importance as a boundary for keeping climate change within change climate keeping for boundary a as importance symbolic reminder “stark a offered line ppm 400 that crossing Thus, bounds. tolerable CO limit to track on not still is world the that that-street-signs-and-mailboxes-are-melting/70002032. that-street-signs-and-mailboxes-are-melting/70002032. 27, 2016), https 2016), 27, A precipice of mass extinctions. https://climate.nasa. occasion that atmospheric carbon crossed the 400ppm threshold). threshold). 400ppm the crossed carbon atmospheric that occasion that under mid-range climate-warming scenarios 15%–37% of species w species of 15%–37% scenarios climate-warming mid-range under that 2050). concentration-teetering-on-the-point-of-no-return. maybe-permanently/ (explaining that for the first time, September carbondioxide levels remainedabove m per parts 400 O of decades representing milestone, a symbolic ppm is hundred Four reaching-the-annual-low-point/. Michael future. or the present in emissions carbon reduce to what happens no matter warming, in locked Slezak, https 2016), 16, Wildfires in the Pacific Northwest scorched 7 million acres during the 2017. of summer https://www.nytimes.com/inter flooding.html. S 12 1950s. late in the Loa Mauna at began measurements levels dioxide carbon atmospheric global that announced Institute Scripps the indefinite “the for least at (or permanently line 400 ppm the crossed future.”). 2018-07-29 B coming decades. http://www.ucsusa.org/global_warming/science_and_impacts/impacts/global-warming-and- 2018). 17, June visited (last wildfire.html Warming Fueling Increased Wildfire Risks? Wildfire Increased Fueling Warming https://www.esrl.noaa. ppm 400-ppm/. 39895-fiu_13-1 symposium Sheet No. 9 Side B 09/13/2018 14:52:31 B 09/13/2018 No. 9 Side Sheet symposium 39895-fiu_13-1 39895-fiu_13-1 symposium Sheet No. 10 Side A 09/13/2018 14:52:31 , , 144 , (June (June 57 EPORTS R (June 16, 16, (June RIEFS Trump Touts Touts Trump B 13 illions of high- , Wichter, Zach ULTI EUTERS (Aug. 6, 2017), 2017), 6, (Aug. (Oct. 20, 2017), 2017), 20, (Oct. (June 20, 2017), 2017), 20, (June ONSUMER ONSUMER ,R , M OST IMES ,C IMES T illing restrictions on the T .P 97216; Eric Lipton & Barry & Barry Lipton Eric 97216; ASH See generally ,N.Y. ,N.Y. , W oposed-federal-budget-eliminates- , 2017), 22, (Sept. CNN ace/index.html. ace/index.html. The 2017 hurricane season season hurricane 2017 The 56 has taken steps to dismantle the the to dismantle steps taken has ate-change.html (explaining how excessive how excessive (explaining ate-change.html 58 It’s So Hot in Phoenix that Airplanes Can’t Fly Can’t Airplanes that So Hot in Phoenix It’s ngtonPost/2017/09/28/National- Eliminates EnergyStar abama Rally abama under-trump-coal-mining-gets-new-life-on-us- ) 9/12/18 ) 3:14 PM ss/flying-clim litics/ ELETE ://www.nytimes.com/2017/03/27/science/what-to-know-about- D note 6. 6. note OT OT What to Know About Trump’s Order to Dismantle the Clean Power Power the Clean to Dismantle Order Trump’s About to Know What N litics/trump-alabama-trip-senate-r O supra (D Proposed Federal Budget Budget Federal Proposed and proposed entirely eliminating the Energy Star Star Energy the eliminating entirely proposed and ://www.consumerreports.org/appliances/pr DOCX DOCX 59 2017/06/20/busine 2017/08/06/us/po Trump’s Coal Plan Sends US Energy ‘Back to the Past’ the to ‘Back Energy US Sends Plan Coal Trump’s The Impacts of Rising Temperatures on Aircraft Takeoff Performance Takeoff on Aircraft Temperatures of Rising Impacts The Chaos in Arizona: What Happens When It’s Too Hot to Fly? to Hot Too It’s When Happens What Arizona: in Chaos _494.xml. _494.xml. onpost.com/page/2010-2019/Washi 2017/09/22/po 381 (July 13, 2017). 2017). 13, (July 381 /its-so-hot-in-phoenix-that-airplanes-cant-fly/ (reporting that many regional jets can FINAL. (Mar. 27, 2017), https 2017), 27, (Mar. (June 21, 2017), https://www.washingtonpost.com/news/capital-weather- (June 2017), 21, On June 1, 2017, Trump announced his intention to withdraw the the withdraw to intention his announced Trump 2017, 1, June On Exec. Order No. 13,783, 82 Fed. Reg. 16,093 (Mar. 28, 2017). For an explanation of why why of an explanation For 2017). 28, (Mar. 16,093 Reg. 82 Fed. 13,783, No. Order Exec. HANGE Protecting the Environment in an Era of Federal Retreat Federal of Era in an Environment the Protecting IMES 60 OST RATSPIES C T ://www.reuters.com/article/us-climatechange-vatican-idUSKBN1 See Mary H.J. Farrell, Washington Post-ABC News Poll September 18-21, 2017 18-21, September Poll News Post-ABC Washington Alister Doyle, Matt Falcus, Under Trump, Coal Mining Gets a New Life on US Lands on US Life a New Gets Mining Coal Under Trump, Nevertheless, the federal government is turning its back on efforts to to on efforts back its turning is government federal the Nevertheless, .P 59 60 57 58 56 ,N.Y. M K ASH LIMACTIC W was particularly Houston experiencing dramatic, unprecedented with massive suffering Islands Caribbean many and Rico Puerto flooding, and destruction. the As evidence thatthe climateis changing pilesup, climate denials are becoming increasingly implausible.People are starting to take that believe Americans of majority a that showed poll recent a Indeed, notice. season. hurricane 2017 the of severity to the contributed change climate (May 23, 2017), https 2017), 23, (May energy-star/. this matters, see Tatiana Schlossberg, https://www.nytimes.com/ by mid-century. flights of percentage a significant affect change could Climate travel). air affects heat al., et Coffel D. Ethan C 27, 2017), http://exclusive.multibriefs.com/content/chaos-in-arizona-what-happens-when-its-too-hot-to- Wang, B. Amy fly/transportation-technology-automotive; 2018] 2018] 2018-07-29 B to fly.” hot “too it was because grounded were production of American energy, including shale energy and clean coal, creating many m creating coal, clean and energy shale including energy, American of production & Mufson, Mooney jobs.” paying lands.html. During the 2016 campaign, Trump repeatedly touted his willingness to promote coal mining, mining, coal promote to willingness his touted repeatedly Trump 2016 campaign, the During lands.html. job-k “cancel to promised election the after speeches first his one of and in https://www.nytimes.com/ 2017), http 2017), Meier, trumps-order-to-dismantle-the-clean-power-plan.html. At a recent rally in Huntsville, Bradner, Eric Alabama, gone.” Boom, Trump Plan]? Power Clean [the to did I what you see “Did bragged, ‘BigLuther’s’ loyalty, Electability at Al http://www.cnn.com/ Politics/Polling/release https://www.washingt Clean Power Plan, stop climate change. The Trump Administration has instead promoted promoted instead has Administration Trump The change. stop climate increased use of coal and other fossil fuels, gang/wp/2017/06/20 and below). F 118º is temperatures the when Phoenix of out operate only program. Plan Too Hot to Fly? Climate Change May Take a Toll on Air Travel on Air a Toll Take May Change Climate Fly? to Hot Too C Y 39895-fiu_13-1 symposium Sheet No. 10 Side A 09/13/2018 14:52:31 A 09/13/2018 No. 10 Side Sheet symposium 39895-fiu_13-1 39895-fiu_13-1 symposium Sheet No. 10 Side B 09/13/2018 14:52:31 , M K C Y ities-states- EOGRAPHIC G The very very The [Vol. 13:5 13:5 [Vol. 69 L 62 ’ (June 2, 2017), 2017), 2, (June AT , N AYOR .M FF As a result, de Blasio This coalition had a a had This coalition 68 63 (June 2, 2017, 4:36 PM), PM), 4:36 2017, 2, (June , N.Y.C. O WITTER ://www.politico.com/story/2017/08/04/trump- The announcement did not go over go over not did announcement The Trump Announces US Withdrawal from Paris Paris from Withdrawal US Announces Trump 61 ://www.nytimes.com/2017/07/11/climate/c ) 9/12/18 ) 3:14 PM U.S. Cities, States and Businesses Pledge to Measure Measure to Pledge and Businesses States Cities, U.S. 870786281214795777/video/1. 870786281214795777/video/1. ://www.politico.eu/article/trump-announces-us-withdrawal- s/pdf/executive-orders/2017/eo_26.pdf. s/pdf/executive-orders/2017/eo_26.pdf. ELETE Trump Administration Delivers Notice US Intends to Withdraw Withdraw to Intends US Notice Delivers Administration Trump D FIU LawFIU Review OT OT (Aug. 4, 2017), https 2017), 4, (Aug. N O llions of Americans at risk.” (D Climate Action Executive Order OLITICO DOCX DOCX Half of US Spending Power Behind Paris Agreement Paris Behind Power Spending US of Half ,P ://news.nationalgeographic.com/2017/11/were-still-in-paris-climate-agreement- (July 11, 2017), https 2017), 11, (July (June 1, 2017), https 2017), 1, (June FINAL. IMES helped lead the “We’re Still In” coalition—a nationwide drive drive nationwide coalition—a In” Still “We’re the lead helped . L.J. 91 (2014). T 67 OLITICO RB At the same time, New York City’s former mayor, Michael Michael mayor, former City’s York New time, same the At To that end, de Blasio’s Executive Order adopted the Paris Paris the adopted Order Executive Blasio’s de end, that To U 66 ,P and directedCity Agencies to create a citywide plan to advance New York City Responds to Trump on Climate Change Change Climate Trump on to Responds City York New . at 1, § 1. 1, at . . § 2. 2, at 64 RATSPIES 65 Id. Id Id see, C40, the from emerged that network Andrea example, urban the for of a discussion For Change Climate of Challenge and the Governance Urban Comparative York: New for Lessons Friedman, & Lisa Tabuchi Hiroku Leahy, Stephen Andrew Restuccia & Matthew Nussbaum, Nussbaum, & Matthew Restuccia Andrew NYC Mayor’s Office (@NYCMayorsOffice), T No. 26, Order Exec. ,N.Y.
New York City’s Mayor, Bill de Blasio, responded by tweeting that that tweeting by responded Blasio, de Bill Mayor, City’s York New A. 64 65 66 67 68 69 61 62 63 ORDHAM ORDHAM F New York City would be “taking matters into our own hands.” own our into matters “taking be would City York New from-paris-climate-deal/. On August 4, 2017, the Trump Administration delivered a notice to that effect effect that to a notice delivered Administration Trump the 2017, 4, August On from-paris-climate-deal/. notice this 2020, before any withdrawal bar Agreement the of Paris the terms Since Nations. United the to was largely Andrew symbolic. Restuccia, From Paris Climate Deal businesses-emissions-climate-pact.html. declared that “cities like New York City must step up to stop climate climate up to stop step City must York New like “cities that declared change.” to collect carbon reduction pledges from cities, counties, states, and private private and states, counties, cities, from pledges reduction carbon to collect actors aimed achieving at the States’ United Paris Agreement commitment government. federal the of stance the of regardless next day, Mayor de Blasio signed Executive Order 26, the Climate Action Action Climate the 26, Order Executive signed Blasio de Mayor day, next Paris the of out to pull decision the described which Order, Executive Accords as “put[ting] mi 42 Bloomberg, well in New York City. well City. New York in http://www1.nyc.gov/assets/home/download (Nov. 15, 2017), https 2017), 15, (Nov. Emissions McArdle, Climate Deal Climate that goal. that 14 2018-07-29 B UnitedStates Paris the from Agreement. https://twitter.com/NYCMayorsOffice/status/ Agreement goal of keeping anthropogenic climate change under 1.5 degrees 1.5 degrees under change climate anthropogenic keeping of goal Agreement Celsius, significant presence at the November 2017 23rd Conference of Parties for the the for Parties of Conference 23rd 2017 November the at presence significant delegation US official the to counteract seeking Convention, Climate UN reality.” global “a as use fuel fossil increased characterized which notice-withdraw-from-paris-climate-deal-241331. 39895-fiu_13-1 symposium Sheet No. 10 Side B 09/13/2018 14:52:31 B 09/13/2018 No. 10 Side Sheet symposium 39895-fiu_13-1 39895-fiu_13-1 symposium Sheet No. 11 Side A 09/13/2018 14:52:31 . S ’ ONF ition-to- UARDIAN MERICA titution, the , U.S. C , G (2011), (2011), This Act Act This 15 73 New York New York . ORK 71 72 Y 2017). My ins My 2017). EW , theMayor created N itics-georgebush. To that then-Mayor, end, To 75 PlaNYC REATER America’s Pledge, an umbrella umbrella an Pledge, America’s 70 ,G 2009/jan/16/greenpol 2017/06/02/mayors-to-voice-strong-oppos ) 9/12/18 ) 3:14 PM REENER and to take concrete actions to reduce the the reduce to actions concrete take to and 24-803(c) required the City to conduct an inventory of of an inventory conduct to City the required 24-803(c)
ition To Withdrawal From Paris Climate Accord Climate Paris From Withdrawal To ition PLaNYC 2030: A Greener, Greater New New Greater A Greener, 2030: PLaNYC 74 ELETE D n.com/politics/ OT OT N New York City Climate Protection Act Protection Climate City York New O (D , http://wearestillin.com/ (last visited Oct. 31, ://www.usmayors.org/ The Worst of Times: Bush’s Environmental Legacy Examined Legacy Environmental Bush’s Times: of Worst The accord/. accord/. N I ongoing dialogue raises fascinating questions about the relationship between between relationship the about questions fascinating raises dialogue ongoing DOCX DOCX NYC: A G TILL LA S explicitly recognized the linkages between climate resilience resilience climate between linkages the recognized explicitly ://www.theguardia html/planyc/downloads/pdf/publications/planyc_2011_planyc_full_report.pdf html/planyc/downloads/pdf/publications/planyc_2011_planyc_full_report.pdf FINAL. RE A E NYC]. W LA Protecting the Environment in an Era of Federal Retreat Federal of Era in an Environment the Protecting RATSPIES PlaNYC N.Y.C. Local Law No. 55 (2007) amended the New York City Administrative Code in Relation Relation in Code Administrative City York New the amended (2007) 55 Law No. Local N.Y.C. New York Admin. City Code § by emissions citywide reduce City the that required § 24-802(b) Code Admin. City York New N.Y.C., P See oppos Strong Voice To Mayors See Goldenberg, Suzanne (June 2, 2017), https 2017), 2, (June , https://www.americaspledgeonclimate.com/ (last visited Oct. 31, 2017). 2017). 31, Oct. visited (last https://www.americaspledgeonclimate.com/ , 76 Mayor de Blasio’s Executive Order 26 built on New York City’s strong strong City’s York New on 26 built Order Executive Blasio’s de Mayor New York City was not the only city frustrated by the President’s choice choice President’s the by frustrated city only the not was City York New . 73 74 75 76 70 71 72 M K AYORS LEDGE City UniversityCity of New York (CUNY) is one of the signatories. more For information,see A track record of working to reduce greenhouse gas emissions in the face of of face the in emissions gas greenhouse to reduce working of record track was Administration Bush the while 2007, In intransigence. federal change, climate about campaign disinformation a conducting http://www.nyc.gov/ [hereinafter P (Jan. 16, 2009), https 2009), 16, (Jan. required the City to investigate and publicize data about the City’s City’s the about data publicize and investigate City to the required change, climate to contribution to Greenhouse Gases. The next year, N.Y.C. Local Law No. 22 repealed and replaced Local Law 55. Law Local No.and replaced 22 repealed Law Local N.Y.C. year, next The Gases. Greenhouse to 55. Law Local of provisions substantive the 22 recodified Law Local However, by 2017. levels 2006 30% below withdrawal-from-paris-climate- Michael Bloomberg, unveiled unveiled Bloomberg, Michael York M international law and sub-state actors that are beyond the scope of this article. article. this of scope the beyond are that actors and sub-state law international coalition-bonn-cop23/. This P City’s greenhouse gas emissions 30% by 2030. by 30% emissions gas greenhouse City’s to abandon the Paris Agreement—the same day that Mayor de Blasio issued issued Blasio de Mayor that day same Agreement—the Paris the to abandon press a held Mayors of Conference States United the order, his executive reiterate to and decision the to opposition strong their voice to conference Agreement. Paris the for support their 2018] 2018] 2018-07-29 B organization led by California Governor Jerry Brown, and former New York New former Brown, and Jerry Governor by California led organization reduction carbon gathered rapidly Bloomberg, R. Michael Mayor City and states, nine as well as counties, and 239 cities from commitments institutions. educational and investors, businesses, of thousands City responded by striking out on its own. That year, the City Council Council City the year, That own. its on out striking by responded City unanimously enacted the and overall social resilience, setting environmental justice goals as well as as well as goals justice environmental setting resilience, social overall and of part As goals. environmental and economic the New York City Panel on Climate Change (“NPCC”), as a technical technical a as (“NPCC”), Change Climate on Panel City York New the greenhouse gas emissions and to share that publicly on City websites. websites. on City publicly that share and to emissions gas greenhouse C Y 39895-fiu_13-1 symposium Sheet No. 11 Side A 09/13/2018 14:52:31 A 09/13/2018 No. 11 Side Sheet symposium 39895-fiu_13-1 39895-fiu_13-1 symposium Sheet No. 11 Side B 09/13/2018 14:52:31 S : M K ’ ://s- C Y ITY iller- C iliency. ORK ORK subtitled Y as well as well as as [Vol. 13:5 13:5 [Vol. The City City The ECOVERY AND AND ECOVERY 77 78 EW . (Jan. 2015), 2015), (Jan. . .R (Feb. 2015), 2015), (Feb. ,N 2018). 2018). FF CIS Under the new, new, the Under (Sept. 21, 2010), 2010), 21, (Sept. O 84 GOV S .S PlaNYC PlaNYC ’ GOV The next year, New New year, next The CAD 83 . AYOR A (2013), http (2013), M , NYC. , , NYC. USTAINABILITY S nnounce That Mayor Bloomberg Has Has Bloomberg Mayor That nnounce to institutionalize both the both the to institutionalize 79 , N.Y. , , N.Y.C. , EDUCTIONS R . mayor-bloomberg-toronto-mayor-david-m LANNING AND AND LANNING 2013, after Hurricane Sandy, the Panel produced the the produced Panel the Sandy, Hurricane after 2013, P ) 9/12/18 ) 3:14 PM ERM ERM ws/401-10/ -T ARBON C ELETE D FIU LawFIU Review ONG L OT OT N O ://edepot.wur.nl/381111 (D , http://www.c40.org/networks visited, June (last 17, EEP FFICE OF D O DOCX DOCX ITIES note 76, at 3, 5. 5. 3, at 76, note S ’ ORR Flood Insurance Presentation Insurance Flood ORR office-of-the-mayor/ne 82 FINAL. supra supra AYOR , C40 C That put New York City in charge of the C40 Cities Initiative, Initiative, Cities C40 the of City in charge York put New That In embracing this goal, New York City acknowledged that that acknowledged City York New this goal, embracing In 81 85 NYC, at § 24-803. § 24-803. at (May 10, 2016), http 2016), 10, (May RATSPIES LA P Mayor Bloomberg and Toronto Mayor David Miller A Networks N.Y.C. M N.Y.C.No. Law Local (2014). 66 Id. New York City Panel on Climate Change on Climate Panel City York New The Task Force is made up of City and State agencies, authorities, and private companies that 42.No. Law Local N.Y.C. (2012). In recognition of the sweeping ambition of this initiative, the C40 C40 the initiative, this of ambition sweeping the of recognition In 80 In 2013, New York City adopted a revised version of of version revised a adopted City York New 2013, In 80 81 82 83 84 85 77 78 79 ESILIENCY ATHWAY TO ATHWAY New York City’s Pathways to Deep Carbon Reductions Carbon Deep to Pathways City’s York New limiting global temperature increase to no more than 1.5 degrees Celsius, the the Celsius, degrees 1.5 than to no more increase temperature global limiting to would have countries developed that means Agreement, Paris the of goal Panel and the Task Force as permanent advisory bodies. By 2011, New York York New 2011, By bodies. advisory permanent as Force Task the and Panel population City’s the as even 13%, by emissions its reduced already had City grew. Cities Climate Leadership Group elected then-Mayor Michael Bloomberg to to Bloomberg Michael then-Mayor elected Group Leadership Climate Cities be its chair. Been Elected Chair of the C40 Climate Leadership Group Leadership Climate C40 the of Chair Elected Been operate, maintain, or control critical infrastructure in New York City. For details, seeAdaptation NYC Climate Task Force, P R more ambitious law, the old 30% target went from being the end goal to to goal end the being from went target 30% old the law, ambitious more significant more even to path the along marker progress a simply reductions. 16 2018-07-29 B resilience, and risks climate on City the advise to group advisory http://www1.nyc.gov/site/orr/challenges/nyc-panel-on-climate-change.page. This panel, which consisted consisted which panel, This http://www1.nyc.gov/site/orr/challenges/nyc-panel-on-climate-change.page. experts, management and risk insurance legal, as well as scientists, impact climate and change climate of 2012, In City. York New to specific projections climate of a set produce to 2008 in convened first was the advising with tasked body an ongoing as Panel the establish 42 to Law Local enacted Council City Office of Long-Term Planning and Sustainability. In Res Climate for Knowledge the Building issued 2015 and in Report Information Risk 2013 Climate See Building the Knowledge for Climate Resiliency media.nyc.gov/agencies/planyc2030/pdf/nyc_pathways.pdf. media.nyc.gov/agencies/planyc2030/pdf/nyc_pathways.pdf. http://www1.nyc.gov/ Council subsequently enacted Local Law 42 Law Local enacted subsequently Council http://onlinelibrary.wiley.com/doi/10.1111/nyas.2015.1336.issue-1/issuetoc. http://onlinelibrary.wiley.com/doi/10.1111/nyas.2015.1336.issue-1/issuetoc. which connects mayors around the world to “enable stronger collective collective stronger “enable to world the around mayors connects which action.” climate the New York City Climate Change Adaptation Task Force. Task Adaptation Change Climate City York New the York City doubled down on its commitment to emissions reduction, raising raising reduction, emissions to commitment its on down doubled City York reduction 30% a from target reduction emissions gas greenhouse City’s the 50”). x “80 as (known 2050 by reduction 80% an to by 2030 that-mayor-bloomberg-has-been-elected-chair#/1. 39895-fiu_13-1 symposium Sheet No. 11 Side B 09/13/2018 14:52:31 B 09/13/2018 No. 11 Side Sheet symposium 39895-fiu_13-1 39895-fiu_13-1 symposium Sheet No. 12 Side A 09/13/2018 14:52:31 , , , , 87 In In new GOV 86 80 x 50 ”). 50 (2016), 50 (2016), X 17 This new new This 80 , NYC. , inter alia, 89 One City Built Built City One OneNYC (“ , the upped which 92 OADMAP TO OADMAP %20York%20City’s%20Ro R S ’ ITY C ORK ORK The New York City Carbon Challenge Carbon City York New The x50.page. It described, described, It x50.page. Y The Carbon Challenge, which which Challenge, Carbon The 90 EW ,N Roadmap to 80 x 50 80 x to Roadmap ility/codes/80 ) 9/12/18 ) 3:14 PM nyc.gov/office-of-the-mayor/news/044-17/mayor-de-blasio- 88 ELETE D USTAINABILITY ility/downloads/pdf/publications/New S OT OT N O (D plan, Mayor de Blasio announced the the announced Blasio de Mayor plan, FFICE OF ilttolast/pages/home/home.shtml (last visited June 17, 2018). O DOCX DOCX S ’ which involved a massive investment in retrofitting public public in retrofitting investment massive a involved which FINAL. AYOR OneNYC provided what the City called its “blueprint for inclusive climate action that works for gov/html/bu For details about the Carbon Challenge, see see Challenge, Carbon the about details For Protecting the Environment in an Era of Federal Retreat Federal of Era in an Environment the Protecting New York City: Reducing the Climate Footprint of Buildings Buildings of Footprint Climate the Reducing City: York New RATSPIES (Jan. 26, 2017), http://www1. 26,(Jan. 2017), , http://www.nyc.gov/html/gbee/html/challenge/nyc-carbon-challenge.shtml. , https://www1.nyc.gov/site/sustainab , One CityBuilt to Last:Letter from the Mayor 22 Commercial as Challenge Carbon NYC of Expansion Major Announces Blasio De Mayor Id. Id. Id. OneNYC N.Y.C. M
With the addition of the commercial landowners, the Carbon Carbon the landowners, commercial the of addition the With One New York: The Plan for a Strong and Just City City Just and Strong a for Plan The York: New One 91 In New York City, emissions from buildings, mostly attributable to to attributable mostly buildings, from emissions City, York New In Since Trump took office, New York City has pressed forward with its its with forward pressed has City York New office, took Trump Since B. GOV GOV GOV 88 89 90 91 92 86 87 M K heating oil and lighting, make up the lion’s share of greenhouse gas gas greenhouse of share lion’s the up make lighting, and oil heating aggressive plans to reduce its carbon emissions and to adapt to climate climate to adapt to and emissions carbon its reduce to plans aggressive the launched City York New inauguration, the after just days Indeed, change. Tenants. and Owners Commercial for Challenge NYC Carbon initiative brought twenty-two of the City’s major commercial landowners landowners commercial major City’s the of twenty-two brought initiative Challenge. Carbon NYC ongoing into the began in 2008 as an initiative for government and institutional facilities to to facilities institutional and government for initiative an as in 2008 began 340,000 resulted already has more, or 30% by emissions carbon their cut the off cars 70,000 taking of equivalent the emissions, avoided in tCO2e road. late 2016, New York City released its released City York 2016, New late 2030. by to 40% goal reductions emissions gas greenhouse interim City’s investments in renewable energy, electric vehicles, and solid waste management designed to climate climate to designed management waste and solid vehicles, electric energy, renewable in investments objectives while also providing important co-benefits in the form of improved air quality across the city. NYC. Owners and Tenants Commit to Dramatically Reduce Greenhouse Gas Emissions in Next 10 in Years Next Emissions Gas Greenhouse Reduce to Dramatically Commit and Tenants Owners all New Yorkers across four key visions of Growth, Equity, Sustainability, and Resiliency.” NYC. major-expansion-nyc-carbon-challenge-22-commercial-owners-and. major-expansion-nyc-carbon-challenge-22-commercial-owners-and. https://www1.nyc.gov/assets/sustainab 2018] 2018] 2018-07-29 B New later, months Six amount. that by emissions gas greenhouse reduce document a in goal 50 x 80 its reaching for blueprint its released City York called Challenge initiative is expected to reduce emissions by 515,000 tCO2e—the tCO2e—the 515,000 by emissions reduce to is expected initiative Challenge roads. the off cars 210,000 than more taking of equivalent http://www.nyc. As part of the the of As part Initiative, to Last buildings for energy efficiency. NYC. admap%20to%2080%20x%2050_Final.pdf. admap%20to%2080%20x%2050_Final.pdf. C Y 39895-fiu_13-1 symposium Sheet No. 12 Side A 09/13/2018 14:52:31 A 09/13/2018 No. 12 Side Sheet symposium 39895-fiu_13-1 39895-fiu_13-1 symposium Sheet No. 12 Side B 09/13/2018 14:52:31 M K 93 101 C Y Even Even ORKING ORKING , NRDC , and to to and 99 upgrading upgrading W 94 4 (2016), 4 (2016), 016.pdf. 016.pdf. [Vol. 13:5 13:5 [Vol. (July 14, 2016), 2016), 14, (July UTURE ECHNICAL ECHNICAL F T NERGY AST AST E L 2009). In 2016, City Council Council City 2016, In 2009). ARBON ARBON C it was intended to prod prod to intended it was emissions, and a $1000 saving on on saving and a $1000 emissions, 2 100 UILT TO OW L B REENLIGHT REENLIGHT ITY ITY C , G NE it has also been a target. The City ,O 98 UILDINGS FOR A FOR UILDINGS ) 9/12/18 ) 3:14 PM B and all non-residential spaces over 5,000 To encourage conservation, City Council Council City conservation, To encourage 96 95 , https://www.nyccleanheat.org/spot-the-soot, visited (last Oct. ELETE ITY ITY D FIU LawFIU Review USTAINABILITY C ility/downloads/pdf/publications/TWGreport_04212 S GOV OT OT N O ORK ORK Open Doors More Cost (D Y , NYC. , In 2016, City Council enacted Local Law 134, expanding this lighting lighting this expanding 134, Law Local enacted Council City 2016, In itioning accounts for 15%-20% of all electricity use in in use electricity of all for 15%-20% accounts itioning FFICE OF Cold Comfort: Some NYC Businesses Still Blast A.C. onto Sidewalks onto A.C. Blast Still Businesses NYC Some Comfort: Cold O EW Id. DOCX DOCX S N ’ ://www.nrdc.org/experts/eric-goldstein/cold-comfort-some-nyc-businesses-still- FINAL. AYOR meaning each tenant that for its knows of and pays own energy 97 RATSPIES Eric A. Goldstein, summer the during door front its by closing the law with complies that each business For N.Y.C. M 38 (2008). No. Law Local N.Y.C. To amend the New York city charter and the administrative code of the city of New York, in in York, New of city the of code administrative the and charter city York New amend the To than greater with on buildings requirements these imposed Law No. 84 (2009) Local N.Y.C. N.Y.C. Local Law No. 88 (2009), titled “To amend the administrative codeof the city of New requirement. sub-metering the expanded 136 similarly No. Law Local 132 and No. Law Local See Clean NYC Heat RANSFORMING T Because air cond 98 99 100 101 94 95 96 97 93 ROUP ROUP months, Con Edison estimates a reduction of 2.5 tons reduction of CO of reduction tons 2.5 of a reduction estimates Edison Con months, simultaneously enacted a local law requiring sub-metering of all tenant tenant all of sub-metering requiring law local a enacted simultaneously spaces over 10,000 square feet, electric bills. Benjamin Falvo, building lighting systems. systems. lighting building 134 (2016). No. Law Local N.Y.C. area. floor of feet square 25,000 with buildings to requirement relation to requiring energy audits and retro-commissioning of base building systems of certain buildings buildings certain of systems building base of and retro-commissioning audits energy requiring to relation and retro-fitting of certain city-owned buildings. N.Y.C. Local Law No. 89 ( area. floor of feet square 50,000 As buildings.” certain in sub-meters of installation and the systems lighting to upgrading relation in York, its title indicates, Local Law 88 also requiredsignificant energy efficiencies with regard to 136 (2016). No. Law Local N.Y.C. 132 (2016); No. Law Local N.Y.C. passed Local Law 133 to amend the administrative code of the city of New York “in relation to expanding expanding to relation “in York New of city the code of administrative the amend 133 to Law Local passed No. Law Local N.Y.C. efficiency.” and water energy for be benchmarked to required buildings of list the 133 (2016). https://www1.nyc.gov/assets/sustainab (Aug. 21, 2009), https 2009), 21, (Aug. sidewalk.”). the cooling no use “there’s stating, as Brewer Councilmember (quoting blast-ac-sidewalks 31, 2017). 2017). 31, G 18 2018-07-29 B impacts. these reduce to steps taken already had City York New emissions. It enacted has local a series of laws targeting pollution heating from oil. https://gogreenlightenergy.com/open-doors-cost-more/. https://gogreenlightenergy.com/open-doors-cost-more/. a big behavioral change. Many retail stores deliberately propped their doors doors their propped deliberately stores retail Many change. big behavioral a passers-by to lure air air-conditioned, cool, of blast a using days, on hot open to hoped 38 Law Local practice, this outlawing By interior. shop’s the into emissions, dioxide carbon reducing to significantly twin goals: achieve though this law, Local Law 38, was a “no brainer,” “no a was 38, Law law, Local though this began with perhaps the lowest of all low-hanging fruit, by requiring that that requiring by fruit, low-hanging all of lowest the with perhaps began is running. conditioning air when closed doors their keep stores chain Large and mid-sized buildings are required create to energy audits benchmark their energy usage. energy their benchmark square feet, square usage. New York City commercial buildings, City commercial York New 39895-fiu_13-1 symposium Sheet No. 12 Side B 09/13/2018 14:52:31 B 09/13/2018 No. 12 Side Sheet symposium 39895-fiu_13-1 39895-fiu_13-1 symposium Sheet No. 13 Side A 09/13/2018 14:52:31 ITLE ITLE AND AND T Shut Shut ouncil ouncil .4 ROJECT ROJECT (July 8, 8, (July O OF OF (2011), (2011), N 2 In 2015, 2015, In A: P 19 AGLE E 110 SE OF OF SE As the As first itioning-sidewalk. URNERS U HAPTER B AILY AILY 107 C D At the same time, time, same the At TTACHMENT TTACHMENT 104 ,A which phased out use use out phased which ite/dca/media/pr072215.page. ite/dca/media/pr072215.page. ROOKLYN ROOKLYN ILS 106 O , B According to the Mayor’s Office of OILERS AND OILERS MENDMENTS TO B MISSIONS FROM THE THE MISSIONS FROM UEL UEL A Id. ouncil.nyc.gov/costa-constantinides/wp- E F ility Before the New York City C The City’s Department of of Department City’s The ://c 108 Susan DesRoches, Mayor’s Office of Recovery LANT LANT ATER ATER P ://www1.nyc.gov/s W See See OT OWER OWER OVERNING THE THE OVERNING ) 9/12/18 ) 3:14 PM itioning the Sidewalk’ the itioning H G ROMULGATION OF OF ROMULGATION ., P ELETE ORK ORK D $1000 for each offense. for $1000 Y ROT OT OT 1465-A: P emissions by over 22,000 tons per year, the equivalent of removing removing of equivalent the year, per tons 22,000 by over emissions N 2 EW , http://www.nyc.gov/html/dep/html/air/buildings_heating_oil.shtml , http://www.nyc.gov/html/dep/html/air/buildings_heating_oil.shtml .P O (July 22, 2015), http 2015), 22, (July note 107. 107. note N EAT AND EAT AND (D GOV NTRO NTRO H NVTL GOV GOV yneagle.com/articles/2016/7/8/nyc-cracks-down-air-cond E ,I note 100. 100. note supra supra DOCX DOCX ITY OF OF ITY , Id. C T OF T OF , NYC. , 105 ony of the Mayor’s Office of Sustainab of Office Mayor’s the ony of ’ , NYC., ” supra IL IN IL OUNCIL EP FINAL. O ://www.brookl ouncil.nyc.gov/LegislationDetail.aspx?ID=2845241&GUID=AA736062-3C62-4BDE- NYC Cracks Down on ‘Air Cond on ‘Air Down Cracks NYC html/dep/pdf/air/heating_oil_rule.pdf. html/dep/pdf/air/heating_oil_rule.pdf. 1–3 (2017), https 1–3 (2017), Protecting the Environment in an Era of Federal Retreat Federal of Era in an Environment the Protecting Beginning in July of 2016, however, City Council acted to change change to acted Council City however, 2016, of July in Beginning UEL UEL ULES OF THE THE OF ULES RATSPIES N.Y.C. D Oil See Heating Goldstein, Goldstein, 2015, 7, October on Mayor by the signed amendment, This 92 (2015). No. Law Local N.Y.C. the when Front Door!” the “Shut to Businesses Encourages Affairs Consumer of Department 43 (2010). No. Law Local N.Y.C. Oil Heating N.Y.C. C This law was, in part, a response to a crippling blackout in the summer of 2006 that left left 2006 that of summer the in blackout a crippling to a response part, in was, law This This change was expected to reduce particulate emissions from from emissions particulate to reduce expected was This change R In the first few years, there was little in the way of publicity or or publicity of way the in little was there years, few first the In 103 109 In 2010, New York City enacted Local Law 43, Law Local enacted City York New 2010, In 102 109 110 103 104 105 106 107 108 102 .6F OF THE THE OF M K O ESCRIPTION content/uploads/sites/23/2017/12/Full-EAS-Package.pdf. The Department of Environmental Protection Protection Environmental of Department The content/uploads/sites/23/2017/12/Full-EAS-Package.pdf. reports a 99.8% compliance rate with this regulation. heating oil in buildings in the City. the in in buildings oil heating the City enacted Local Law 38, which required permitted entities like electric electric like entities permitted required 38, which Law Local enacted City the Full compliance would decrease CO decrease would compliance Full imposed penalties ranging from $250 to Sustainability, the law’s expandedmandate brings an additional 10,000businesses under thepolicy. Jennifer Peltz, On is Conditioning Air thousands of Queens residents without power for a week or longer. longer. or a week for power without residents Queens of thousands buildingseach year. leastsave hundreds by at of lives and to 63%, www.nyc.gov/ enforcement of the law, and informal surveys showedthat compliance was spotty. 3,600 cars from the road. road. the from cars 3,600 (last visited Oct. 31, 2017). 2017). 31, Oct. visited (last New York City’s Department of Consumer Affairs also worked to develop a a develop to worked also Affairs Consumer of Department City’s York New “ tagline the with campaign media social a through pull” “compliance Door! Front the that situation by amending the law to encompass all retail stores, and by by and stores, retail all encompass to law the amending by situation that teeth. more law the to give fines noncompliance raising and Resiliency, Testim A009-FB12768CA76E&Options=&Search (click hyperlink “Hearing Testimony” to download). download). to Testimony” “Hearing hyperlink (click A009-FB12768CA76E&Options=&Search Committee on Environmental Protection (Nov. 28, 2016), 2016), 28, (Nov. Protection on Environmental Committee http://legistar.c 15 N D 2018] 2018] 2018-07-29 B brown summer of risk the reducing also to demand energy by reducing and outs. 2016), http 2016), step in implementing this law, in 2015 it became unlawful to burn No. 6 6 No. became to it unlawful burn step2015 implementing in this in law, Environmental Protection followed up with regulations that ban No. 4 oil by by oil 4 No. ban that regulations with up followed Protection Environmental 2030. of the two most polluting heating oils by 2030 in buildings. 2030 by oils heating polluting most two the of C Y 39895-fiu_13-1 symposium Sheet No. 13 Side A 09/13/2018 14:52:31 A 09/13/2018 No. 13 Side Sheet symposium 39895-fiu_13-1 39895-fiu_13-1 symposium Sheet No. 13 Side B 09/13/2018 14:52:31 M K 122 C Y (Nov. (Nov. [Vol. 13:5 13:5 [Vol. NGINEERS Under these these Under E (Dec. 20, 2017), 2017), 20, (Dec. 111 112 note 107. 107. note AZETTE EWYORK EWYORK G ,N By 2050, the law would would law the 2050, By supra supra , UEENS UEENS 121 ill.html. No. 2 oil contains only15 ,Q 115 reporting requirements that that requirements reporting 119 According to its sponsors, this this sponsors, its to According Heating Oil Heating ccelerator.cityofnewyork.us/ (last visited Oct. Oct. visited (last ccelerator.cityofnewyork.us/ 114 ) 9/12/18 ) 3:14 PM The bill The create would a series of phased-in , https://retrofita ELETE (f). (f). D FIU LawFIU Review 118 OT OT N O (D CCELERATOR How NYC is Phasing Out Heavy Heating Oils Heating Heavy Out Phasing is NYC How A DOCX DOCX Under the new law, use of No. 4 oil in power plants will 113 and penalties for noncompliance. for penalties and If adopted, this bill would require that by 2021 the City City the 2021 by that require would bill this adopted, If FINAL. 120 ETROFIT ETROFIT 117 at Proposed Section 24-806(b)(2). at 24-806(b)(2). Section Proposed 24-806(b)(3). Section Proposed at 24-806(a). Section Proposed at 24-806 Section Proposed at 24-806(b)(4). Section Proposed at ://www.ny-engineers.com/blog/how-nyc-is-phasing-out-heavy-heating-oils. RATSPIES NYC R 1745 (2017). No. Law Local N.Y.C. Id. Id. Id. Id. Id. N.Y.C. Local Law No. 38 (2015). 38 (2015). No. Law Local N.Y.C. Tobias, Michael 31 (2018). Law No. Local N.Y.C. Id. Bill Generation Power on Cleaner Vote to Council This switch to cleaner burning fuels will not only reduce greenhouse greenhouse reduce only not will fuels burning to cleaner switch This In January 2018, Mayor DeBlasio signed a local law speeding up part part up speeding law local a signed DeBlasio Mayor 2018, January In In tandem with this ban, the City is working with buildings to retrofit retrofit to buildings with is working City the this ban, with tandem In The suite of existing and proposed building regulations will transform transform will regulations building proposed and existing of suite The 116 116 117 118 119 120 121 122 111 112 113 114 115 incorporate incentives to retrofit existing buildings away from fossil fuels to to fuels fossil from away buildings existing to retrofit incentives incorporate systems, green 31, 2017). 2017). 31, now be phased out by 2025 at the latest. the at by 2025 out phased now be impose limits on the amount of fossil fuel energy a building may consume. may building a energy fuel fossil of amount the on limits impose 20 of that phase out. phase that of 2018-07-29 B 2030. by 4 oil No. and 2020 by oil 6 No. out phase to utilities compliance deadlines spanning 2030-2035, spanning deadlines compliance gas emissions but will also generate significant health co-benefits by by co-benefits health significant generate also will but emissions gas go even would legislation Pending emissions. sulfur and particulate reducing and buildings, in certain use fuel fossil for limits establishing further, energy clean to retrofit the promoting while audits, fuel annual requiring technologies. new law will reduce carbon emissions by an additional 125,000 tons, while while tons, 125,000 additional an by emissions carbon reduce will law new specifically emissions, co-pollutant of tons of thousands avoiding also oxides. nitrogen and oxides, sulfur particulates, 4, 2017), http 2017), 4, old boilers to use No. 2 heating oil instead of much dirtier No. 6 or No. 4 4 No. or 6 No. dirtier much of instead oil heating 2 No. use to old boilers oils. laws, by 2030, No. 6 or No. 4 oil will be banned in the City. the in banned be will oil 4 No. or 6 No. 2030, laws, by promulgate rules setting overall energy use targets for buildings, and and buildings, for targets use energy overall setting rules promulgate noncompliance. for penalties New York City’s carbon footprint. The associated co-benefits of reduced reduced of co-benefits associated The footprint. carbon City’s York New overburdened City’s the for important particularly be will pollution http://www.qgazette.com/news/2017-12- 20/Features/Council_To_Vote_On_Cleaner_Power_Generation_B 4 oils. 6 and No. No. in ppm 3,000 to compared ppm sulfur 39895-fiu_13-1 symposium Sheet No. 13 Side B 09/13/2018 14:52:31 B 09/13/2018 No. 13 Side Sheet symposium 39895-fiu_13-1 39895-fiu_13-1 symposium Sheet No. 14 Side A 09/13/2018 14:52:31 , N ’ see see to to (Dec. , N.Y. (Nov. (Nov. 126 OMM C REENTECH IMES (2017), (2017), ESIDENTIAL ESIDENTIAL 21 R ,G EPUBLIC R 129 (Dec. 14, 2017), 2017), 14, (Dec. ,N.Y. T ,N.Y. ODULES RADE ARGE ARGE EW T M L ,N ORBES L ’ ,F Because these tariffs NT MPORTED 127 :I litics/trump-solar-tariffs.html. ASES ANELS AND AND ANELS P , U.S. I visited Oct. 31, 2017). 2017). 31, Oct. visited 201 C The final tax bill left those credits credits those left bill tax final The tive Energy within the Department of of Department the within Energy tive OLAR OLAR Wages War on Solar on War Wages S 124 ECTION ECTION ) 9/12/18 ) 3:14 PM 201%20FactSheet.pdf. 201%20FactSheet.pdf. :S ELETE 145759/republican-tax-plan-assault-renewable-energy. 145759/republican-tax-plan-assault-renewable-energy. Trump’s Solar Tariffs are Clouding the Industry’s Future Industry’s the Clouding are Tariffs Solar Trump’s D HEET S MPORTED MPORTED OT OT I 2017/12/16/climate/tax-bill-wind-solar.html. 2017/12/16/climate/tax-bill-wind-solar.html. hodes/2017/12/14/the-war-on-wind-and-solar/#45ba13b36a32; hodes/2017/12/14/the-war-on-wind-and-solar/#45ba13b36a32; N O ACT ACT (D oom/us_safeguard.htm (last (last oom/us_safeguard.htm New York City also adopted two laws promoting promoting laws two adopted City also York New ., F but that has not slowed the assault. On January 22, 22, January On assault. the slowed not has that but With Tax Bill, GOP ://www.nytimes.com/2018/01/23/us/po DOCX DOCX Tax Bill Largely Preserves Incentives for Wind and Solar Wind for Incentives Preserves Tax Largely Bill EP lt/files/files/Press/fs/ note 123. 123. note 131 125 ss_r R New Tariffs to Curb US Solar Installations by 11% Through 2022 Through by 11% Installations Solar US Curb to Tariffs New For example the GOP tax bill that passed the House would would House the passed that bill tax GOP the example For and to cost roughly 23,000 jobs in the first year. first the in jobs 23,000 roughly cost to and FINAL. supra supra 123 The Republican Tax Plan is an Assault on Renewable Energy Renewable on Assault an is Plan Tax Republican The RADE RADE gov/pre The Office is tasked with gathering and disseminating disseminating and gathering with is tasked Office The 128 ACHINES AND AND ACHINES ://newrepublic.com/article/ ://www.nytimes.com/ 130 M Protecting the Environment in an Era of Federal Retreat Federal of Era in an Environment the Protecting New York Promoting Alternative Energy Energy Alternative Promoting York New RATSPIES U.S. T Julia Pyper, Plumer, & Brad Swanson Ana 223 (2017). No. Law Local N.Y.C. Id. Joshua Rhodes, Rhodes, Joshua Rhodes, Plummer, Brad Investigations Safeguard Understanding gov/sites/defau
(Jan. 23, 2018), https://www.greentechmedia.com/articles/read/tariffs-to-curb-solar-installations- New York City, by contrast, has stepped up its investment in renewable in renewable investment up its stepped has contrast, City, York by New C. the expanding for support expressed routinely has This administration (Jan. 23, 2018), https 2018), 23, (Jan. 127 128 129 130 131 123 124 125 126 Emily Atkin, M K ASHING ASHING EDIA IMES 12, 2017), https 2017), 12, https://www.usitc. https://ustr. W M alternative energy. energy bulk solar facilitating energy—one solar of adoption voluntary war on solar.” leaving while energy, wind and solar for credits tax reduced drastically have untouched. coal and oil for subsidies untouched, largely law, trade domestic of provision rarely-used a invoked Trump 2018, imports. panel on solar tariffs (30%) “huge” impose by installation solar to slow projected are they competitive, less solar make 11%, around energy by creating an Office of Alterna Buildings. to encourage policies has City the that ensuring as well as information, 2018] 2018] 2018-07-29 B to rigorously continues York New communities. justice environmental Clean the gut to tries Administration Trump the as even goals, these pursue sands. tar and coal from fuel dirty promote and Plan Power energy. wind and solar of growth the to hamper steps taking while coal, of use a “waging as Congress and President the described Magazine Forbes Indeed, 10, 2017), https 2017), 10, by-11-through-2022. by-11-through-2022. https://www.forbes.com/sites/joshuar T also also C Y 39895-fiu_13-1 symposium Sheet No. 14 Side A 09/13/2018 14:52:31 A 09/13/2018 No. 14 Side Sheet symposium 39895-fiu_13-1 39895-fiu_13-1 symposium Sheet No. 14 Side B 09/13/2018 14:52:31 , M K C Y IRST :F ETWORK EPORT 2017 (2017), (2017), 2017 [Vol. 13:5 13:5 [Vol. R 1–4 (2010), 1–4 (2010), Overall, four four Overall, as opposed to to opposed as , MTA N 141 UARTER UARTER 138 IDERSHIP Q IVIDEND R D IRST :F RANSIT RANSIT note 140. 140. note REEN NEW PERSPECTIVE ON THE WEALTH OF OF WEALTH THE ON PERSPECTIVE NEW G EPORT supra :A R S Costa Constantinidis, State of the District while another 11% either walk walk either 11% another while ’ On January 31, 2018, The Chair Chair 31, The 2018, On January 143 2017, 2017, ITY TATES 873704/no-car-households-are-becoming-more- 2018). 2018). C S 134 seealso IDERSHIP R 2016) [hereinafter T [hereinafter 2016) UARTER UARTER ORK ORK ) 9/12/18 ) 3:14 PM Toward the end of the 2017 legislative 2017 legislative the of end the Toward Q ://qz.com/ Y and one facilitating bulk purchases in in purchases bulk facilitating one and 133 132 TATE OF THE RANSIT RANSIT IRST ELETE D FIU LawFIU Review ,S EW 9 (2015), (2015), 9 :F , T , NYCEDC (June 27, https://www.nycedc.com/blog- 2012), OT OT N ’ N and another 400,000 take buses. take 400,000 another and O ontent/images/article_uploads/USAFootprintReport_final_lores.pdf. SS ,N EPORT A 140 (D R ETWORK N ITIES After Decades of Decline, No-Car Households Are Becoming More Common C and more than 55% of the City’s residents take public public take residents City’s the of 55% than more and DOCX DOCX Moreover, New Yorkerstake average an million of 8.6 142 RANSIT RANSIT Roughly 23% of New Yorkers own cars, own Yorkers New of 23% Roughly IDERSHIP 139 (Dec. 28, 2016), https 2016), 28, (Dec. .T R html/dot/downloads/pdf/nyc_greendividend_april2010.pdf. html/dot/downloads/pdf/nyc_greendividend_april2010.pdf. see also Public Transportation for New York Region York New for Transportation Public also see FINAL. 137 OOTPRINT OOTPRINT One main reason is the City’s ubiquitous public public ubiquitous City’s the is reason main One UB .F S FOR 136 .P UARTZ Housing density and small house size also play key roles. roles. key play also size house small and density Housing M LOB RANSIT RANSIT New York City: Reducing Carbon Emissions from Transportation Transportation from Emissions Carbon Reducing City: York New RATSPIES 2017]; 2017]; A T Id. The New York Commute N.Y.C. Local Law No. 230 (2017). 230 (2017). No. Law Local N.Y.C. 232 (2017). No. Law Local N.Y.C. No. 1726 (2017). Int. Law Local N.Y.C. (2018); 48-A No. Int. Law Local N.Y.C. G Id. CEO Gershgorn, Dave ,Q 135
New Yorkers have a smaller carbon footprint than do most most do than footprint carbon smaller a have Yorkers New D. 140 141 142 143 132 133 134 135 136 137 138 139 UARTER UARTER in the US http://www.apta.com/resources/statistics/Documents/Ridership/2017-q1-ridership-APTA.pdf (this figure figure (this http://www.apta.com/resources/statistics/Documents/Ridership/2017-q1-ridership-APTA.pdf marks an increase from 7.7 million trips per day in http://www.footprintnetwork.org/c Q Americans. transportation. nationally. 90% subway rides each day, central to the transportation public use commuters hour rush five out of districts, business work, from and to regularly transportation 22 purchases city by employees, districts. improvement business that require to bill a considering began Council City York New the session, wind resource a create Protection Environmental of Department the generation energy wind the document would that map wind assessment—a neighborhoods. city various of potential legislative this bill the reintroduced Constantinides, Costa Committee, that of session. 2018-07-29 B OUR NATION OUR http://www.nyc.gov/ http://web.mta.info/mta/network.htm (last visited Jan. 9, common-in-the-us-after-decades-of-decline/. Speech (Jan. 30, 2018) (on file with author). author). with file (on 2018) 30, (Jan. Speech that is it likely ridership, in increases recent Given outdated. are numbers These entry/new-york-commute. excluded, is transportation, by public ill-served is which Island, Staten if Moreover, higher. is number this 39895-fiu_13-1 symposium Sheet No. 14 Side B 09/13/2018 14:52:31 B 09/13/2018 No. 14 Side Sheet symposium 39895-fiu_13-1 39895-fiu_13-1 symposium Sheet No. 15 Side A 09/13/2018 14:52:31 , , IMES (Oct. (Oct. ndards He also He also ,N.Y.T 23 OLITICO 150 ,P (Aug. 28, 2017), 2017), 28, (Aug. Patrick McGeehan, McGeehan, Patrick Efficiency Sta and exempting a a exempting and IMES 149 see also also see and announcing that that announcing and b9ba773a42fd678de5/trump- His EPA is considering EPA is considering His 147 ,N.Y. T ,N.Y. 148 2018); 2018); lties on taxi owners who did not use hybrid (May 23, 2017), 2017), 23, (May OST ) 9/12/18 ) 3:14 PM The ferries were an immediate hit, with Trump Budget Slashes Federal Aid for Rail, Long-Distance Long-Distance Rail, for Aid Federal Slashes Budget Trump ://apnews.com/22cc9ab8288a40 2017/08/14/543474251/trump-administration-takes-key-step- 152 ELETE .P D Supreme Court Halts Mayor’s Push for Hybrid Taxis Hybrid for Push Mayor’s Halts Court Supreme l/trafficandcommuting/trump-budget-slashes-federal-aid-for-rail- OT OT ASH N Nevertheless, roughly half of the taxi fleet is is fleet taxi the of half roughly Nevertheless, emissions standard). standard). emissions O (D 145 Combusted: The Death of Hybrid Taxis in New York City York New in Taxis Hybrid of Death The Combusted: www.npr.org/ 151 Trump Administration Takes Key Step to Rolling Back Auto Fuel Standards Fuel Auto Back Rolling to Step Key Takes Administration Trump DOCX DOCX de facto de facto Trump Announces Challenge to Obama-Era Fuel Fuel Obama-Era to Challenge Announces Trump ,W , https://www.ferry.nyc/ (last visited https://www.ferry.nyc/ (last Jan., 9, ://cityroom.blogs.nytimes.com/2011/02/28/supreme-court-halts-mayors-push-for- om/2017/08/28/nyregion/nyc-ferry-astoria-kayakers.html. FINAL. (Mar. 16, 2017), https 2017), 16, (Mar. ://www.politico.com/states/new-york/city-hall/story/2012/10/combusted-the-death-of- ERRY ingtonpost.com/loca Michael M. Grynbaum, Grynbaum, M. Michael RESS An earlier attempt to convert the City’s entire taxi fleet to hybrids hybrids to fleet taxi entire City’s the convert to attempt An earlier P Protecting the Environment in an Era of Federal Retreat Federal of Era in an Environment the Protecting RATSPIES Repeal of Emission Requirement for Glider Vehicles, for Glider Kits, and Glider Requirement Trucks, Glider Emission of Repeal 82 Fed. Aratani, & Lori Shaver Katherine F NYC Id. See Rubenstein, Dana Jill Colvin, Id. Glinton, Sonari 144 146 New York City, by contrast, has stepped up its investment in public public in investment up its stepped has contrast, by City, York New Since Trump took office, he has expressed hostility to fuel efficiency efficiency fuel to hostility expressed has he office, took Trump Since 150 151 152 144 145 146 147 148 149 M K SSOCIATED NPR (Aug. 14, 2017), http:// 2017), 14, (Aug. NPR to-rolling-back-auto-fuel-standards. (Feb. 28, 2011), https 2011), 28, (Feb. pena financial imposed which plan, city’s (the hybrid-taxis/ a as down struck was cars, proposed slashing funding for Amtrak, and eliminating federal support for for support federal eliminating and Amtrak, for funding slashing proposed lines. transit building across routes ferry new six opened City the 2017, of Spring In transportation. to Brooklyn and Queens of parts underserved connecting River East the Manhattan, to eachand other. that possible certainly is it However, 60%. around to increases transportation public using percentage the numbers. these may be altering and Lyft Uber like services of rise the 2018] 2018] bike. or was defeated in court. hybrid. regulation” “industry-killing them calling standards, over.” is industry auto American on the assault “the carmakers require would that standards efficiency fuel car new back rolling 2025, by mpg 54.5 of average an with fleet a to deliver standards. emissions stringent from trucks diesel heavy of class 2018-07-29 B https://www.nytimes.c https://www.wash long-distance-amtrak-routes/2017/05/23/55df2bc4-3fdf-11e7-adba-394ee67a7582_story.html. 12, 2012), https 2012), 12, hybrid-taxis-in-new-york-000000. take-fuel-standards-hold-nashville-rally. NYC Ferry is Expanding Again, But Not Without Growing Pains Growing Without Not But Again, is Expanding Ferry NYC Reg. 53,442 (proposed Nov. 16, 2017). 2017). 16, Nov. (proposed 53,442 Reg. Amtrak Routes A C Y 39895-fiu_13-1 symposium Sheet No. 15 Side A 09/13/2018 14:52:31 A 09/13/2018 No. 15 Side Sheet symposium 39895-fiu_13-1 39895-fiu_13-1 symposium Sheet No. 15 Side B 09/13/2018 14:52:31 , , . M K 154 C Y To To RANSP RIBUNE 156 T T T OF T OF [Vol. 13:5 13:5 [Vol. ’ UEENS UEENS (Nov. 29, 2017), 2017), 29, (Nov. EP ,Q IMES , N.Y.C. D N.Y.C. , , N.Y. T it/city-orders-larger-boats-for-nyc-ferry- 159 To further promote bicycle bicycle promote To further 162 nyc (last visited Jan. 9, 2018). 2018). 9, Jan. visited nyc (last and two million by September. by million two and 153 ) 9/12/18 ) 3:14 PM Bill to Use Renewable Fuel in Ferries , www.bqx. , ELETE D FIU LawFIU Review ://www.amny.com/trans This bike-share program is touted as the “first “first the as touted is program bike-share This OT OT , https://www.citibikenyc.com/expansion. https://www.citibikenyc.com/expansion. , N 160 O ONNECTOR In response to this unexpected popularity of the the of popularity unexpected this to response In 2017 Expansion into New Neighborhoods New into 2017 Expansion (D C a new trolley system along the East River. The BQX BQX The River. East the along system trolley new a gov/html/dot/html/pr2017/pr17-065.shtml. gov/html/dot/html/pr2017/pr17-065.shtml. New York’s Ferry Fleet is Off to a Fast Start 155 ITIBIKE NYC Ferry Orders Three 350-Passenger Boats for Service in 2018 Council Passes Passes Council 158 , C DOCX DOCX /2017/11/29/nyregion/new-york-ferry.html. /2017/11/29/nyregion/new-york-ferry.html. UEENS UEENS -Q Gentrification Fears Loom in New Anti-Brooklyn QueensStreetcar Documentary FINAL. ://queenstribune.com/council-passes-bill-use-renewable-fuel-ferries/. ://www.nyc. (the city heavily subsidies the ferries so that they cost riders the same the as subway and (Sept. 27, 2017), http 2017), 27, (Sept. . The largest bike-share program in the United States, Citibike Citibike States, United the in program bike-share largest The ROOKLYN RATSPIES Id. Ariel Hernandez, B Amy Plitt, 2017 Expansion Citibike Begins Fall Id Id. Barone, Vincent McGeehan, Patrick N.Y. (Aug. 4, 2017), https://ny.curbed.com/2017/8/4/16094652/brooklyn-queens-connector- 2017), 4, (Aug. N.Y. 161 157 In the fall of 2017, New York City also doubled the size of its bike share share its bike of size the doubled also City York New 2017, of fall the In The City is also considering building the Brooklyn Queens Connector Connector Queens Brooklyn the building considering also is City The 157 158 159 160 161 162 153 154 155 156 URBED 1.14288922. 1.14288922. C documentary-gentrification. (Dec 29, 2017), http 2017), 29, (Dec (Sept. 5, 2017), http 2017), 5, (Sept. and sustainable transportation option.” transportation sustainable and lanes bike upgrading and installing been has City York New commuting, provide buildings that Council required recently City The City. around the MTA)). the through state by the set are fares (whose buses AMNEWYORK (known as the BQX), the as (known and Queens in centers population growing connect would which proposal, and justice environmental raising by developers, backed is heavily Brooklyn, residents. long-time among fears gentrification partnership public-private a is program the Citibike, as Known program. Motivate. owned privately and Transportation of Department the between Queens, throughout locations new 142 added program share bike The Manhattan. and Brooklyn, 100 than more in City York in New transportation public of form major new years.” convenient affordable, fast, this of advantage take “to Yorkers New allows 24 June by million one topping ridership than riders more 700,000 served had ferries new the November, by Indeed, anticipated. originally is and riders, more handle to boats larger ordered has City the ferries, routes. express including routes, ferry more implementing considering unanimously Council City York New sustainable, more even ferries the make city the power to fuels alternative of use the study to legislation adopted ferries. 2018-07-29 B https://www.nytimes.com 39895-fiu_13-1 symposium Sheet No. 15 Side B 09/13/2018 14:52:31 B 09/13/2018 No. 15 Side Sheet symposium 39895-fiu_13-1 39895-fiu_13-1 symposium Sheet No. 16 Side A 09/13/2018 14:52:31 25 Ali had a a Ali had During the the During 168 Two decades Two decades 169 164 167 (Mar. 9, 2017), 2017), 9, (Mar. EWS N LIMATE In his short time in office, Trump Trump in office, time short his In C 166 ) 9/12/18 ) 3:14 PM NSIDE NSIDE . ELETE USTICE D ,I J OT OT N O This proclamation acknowledged the progress of of progress the acknowledged proclamation This (D 165 DOCX DOCX Chief Environmental Justice Official at EPA Resigns, With Plea to Pruitt to FINAL. NVIRONMENTAL H.R. 482, 115th Cong. (2017) Cong. 115th 482, H.R. E Protecting the Environment in an Era of Federal Retreat Federal of Era in an Environment the Protecting RATSPIES N.Y.C. Local Law No. 107 (2016). 107 (2016). Law No. Local N.Y.C. 1994). 11, 7629 (Feb. Reg. 59 Fed. 12,898, No. Order Exec. 3 9082, No. Proclamation C.F.R. § 9082 (2014). Id. See Phil McKenna, Id.
163 II. On March 9, 2017, environmental justice champion Mustafa Ali Ali Mustafa champion justice environmental 9, 2017, On March The federal government has a complex history with environmental environmental with history complex a has government federal The 163 164 165 166 167 168 169 M K Protect Vulnerable Communities later, President Obama issued a presidential proclamation reaffirming the the reaffirming proclamation presidential a issued Obama President later, on live and water, clean drink freely, breathe “to American every of right land.” uncontaminated resigned from his leadership position at the United States EPA to protest EPA to protest States United the at position his leadership from resigned programs. justice to environmental cuts Administration Trump 2018] 2018] tenants with bicycle access by creating and implementing bicycle access plans. 2018-07-29 B storied history at the EPA, dating back to the early 1990s. He began his his began He 1990s. early the to back dating EPA, the at history storied the during Equity Environmental of office newly-formed in the service his until and administration, H.W. Bush George the of days waning Justice. Environmental of Office EPA’s the led resignation, justice. Promoting environmental justice has been official federal policy policy federal official been has justice environmental Promoting justice. Order Executive the signed Clinton J. William President when 1994, since the recognized Order Executive This Justice. Environmental 12898 on effects environmental or health human adverse and high “disproportionately populations.” low-income and minority on actions their of https://insideclimatenews.org/news/09032017/epa-environmental-justice-mustafa-ali-flint-water-crisis- dakota-access-pipeline-trump-scott-pruitt. the prior two decades, but also grimly reminded us that “much work remains” remains” work “much that us reminded grimly also but decades, two prior the change. climate of era in an particularly has signaled a lack of commitment to environmental justice. Indeed, many of of many Indeed, justice. environmental to commitment of lack a signaled has the EPA and the for funding gutting from ranging actions, his proposed National Oceanic and Atmospheric Administration, rejectingto Paris the Agreement and attacking the Clean Power Plan, indicate thathis has Congress priority. a justice environmental make not will administration to funds of use the prohibit would that bill up a taking this hostility, echoed “design, build, maintain, utilize, or provide access to a Federal database of disparities.” racial community on information geospatial C Y 39895-fiu_13-1 symposium Sheet No. 16 Side A 09/13/2018 14:52:31 A 09/13/2018 No. 16 Side Sheet symposium 39895-fiu_13-1 39895-fiu_13-1 symposium Sheet No. 16 Side B 09/13/2018 14:52:31 . M K 176 C Y ASH ,GQ 2017), 2017), ,W [Vol. 13:5 13:5 [Vol. gov/office-of-the- , 2017), 1, (June NRDC www1.nyc. Sadly, Mustafa Ali’s Ali’s Mustafa Sadly, Environmental Justice is is Justice Environmental 173 174 phopcaucus.org/our-story/team/mustafaali/ phopcaucus.org/our-story/team/mustafaali/ www.washingtonexaminer.com/epa-restructuring- , http://hi ://www.weact.org/2017/04/ejbills/. ://www.weact.org/2017/04/ejbills/. 2633774. 2633774. All told, Ali had spent twenty-four years years twenty-four spent had Ali told, All ) 9/12/18 ) 3:14 PM ity is moving forward on environmental on environmental moving forward ity is AUCUS 172 171 C ELETE D FIU LawFIU Review OP OP H OT OT N IP O , H (D (Apr. 5, 2017), https 5, 2017), (Apr. ill the EPA’s Environmental Justice Program EPA Restructuring Environmental Justice, Permitting Offices DOCX DOCX While Trump Moves Backwards, NYC Passes Bills to Protect Environmental Environmental Protect to Bills Passes NYC Backwards, Moves Trump While Mustafa Ali, Former Environmental Justice Leaderon WhyQuit He the EPA In that capacity, Ali had chaired the Inter-Agency Task Task Inter-Agency the chaired Ali had capacity, that In ://www.gq.com/story/mustafa-ali-epa-interview. iliano, , WEACT FINAL. 170 175 The City agreed. Daniel Zarrilli, New York City’s Chief Resilience Resilience Chief City’s York New Zarrilli, Daniel agreed. City The RATSPIES Trump Wants to K to Wants Trump Sic John Justice Environmental Promote Better to Legislation Signs de Blasio Mayor Release, Press Havlik, Brooke Mustafa Santiago Ali Santiago Mustafa Id. Jay Willis, Letter from Mustafa Santiago Ali, Assistant Assoc. Adm’r. Envtl. Justice, Envtl. Protection (Sept. 7, 2017, 7:21 PM), http:// 7:21 PM), 2017, 7, (Sept. 177 In his resignation letter, Ali implored EPA Administrator Scott Pruitt to to Pruitt Scott Administrator EPA implored Ali letter, his resignation In Even as t the federal government was stepping away from a commitment commitment a from away stepping was government federal t the as Even 174 175 176 177 170 171 172 173 XAMINER mayor/news/262-17/mayor-de-blasio-signs-legislation-better-promote-environmental-justice-the-work- city. environmental-justice-permitting-offices/article/ keep a commitment to environmental justice. environmental to commitment a keep Through the Work of City Agencies City of Work the Through https:// 2017), 25, (Apr. Agency, to Scott Pruitt, Adm’r., Envtl. Protection Agency (Mar. 8, https://assets.documentcloud.org/documents/3514958/Final-Resignation-Letter-for-Administrator.pdf. resignation was a harbinger of things to come. Trump’s proposed federal federal proposed Trump’s to come. things of harbinger a was resignation eliminated completely and EPA the for funding reduced dramatically budget Justice. Environmental of Office the for funding at the EPA, working to promote environmental justice under both Democratic Democratic both under justice environmental promote to working EPA, the at Administrations. Republican and (last visited Oct. 31, 2017). 2017). 31, Oct. visited (last E 26 2018-07-29 B Obama Administration, served a special Ali as advisortheto EPA of Office the to Administrator Associate Assistant and Administrator Enforcement. no longer a stand-alone office within the EPA, but has instead been merged merged been instead has but EPA, within the office stand-alone a no longer Office the within Assurance Enforcement and Compliance of Office the into Policy. of to environmental justice, New York City took a major step forward. In April April In forward. step major a took City York New justice, to environmental Justice. Environmental on Laws Local new two passed City York New 2017, “recogniz[ing] as them characterized Blasio de Mayor bills, the signed As he on low-income fallen disproportionately have that injustices historic the the and pollution of burden the color—with of communities and residents forward.” path different a offer[ing] change—and climate of effects Environmentaljustice advocates were quickto emphasize that “as Trump moves New York C backwards” justice. https://www.nrdc.org/trump-watch/trump-wants-kill-epas-environmental-justice-program. (Mar. 17, 2017), https 2017), 17, (Mar. Justice Communities Force on Environmental Justice. Environmental on Force 39895-fiu_13-1 symposium Sheet No. 16 Side B 09/13/2018 14:52:31 B 09/13/2018 No. 16 Side Sheet symposium 39895-fiu_13-1 39895-fiu_13-1 symposium Sheet No. 17 Side A 09/13/2018 14:52:31 , . N ’ 181 SS ilities OMM 179 27 New York City ill, see C unduly burden burden unduly 2–6 (2016), (2016), 2–6 .A noxious fac noxious each and Jamaica NVTL IVISION D ities that ilities, and .E M A /t/58f8465503596ee41cde4308/14926 NFRASTRUCTURE I ittee. ittee on Higher Education. The bill had originally FRICAN FRICAN ouncil.nyc.gov/costa-constantinides/2017/04/05/230/. ouncil.nyc.gov/costa-constantinides/2017/04/05/230/. ://c ) 9/12/18 ) 3:14 PM EPORT OF THE THE OF EPORT ELETE , A The Act also requires the Mayor to establish to establish Mayor the requires also Act The D ,R OT OT 182 Costa Constantinides, chair of City Council’s Council’s City of chair Constantinides, Costa N noxious uses like power plants, waste fac waste plants, power like uses noxious O 178 (D OUNCIL 184 itteeReport2016.pdf, for a description of the history behind this bill. bill. this behind history the of a description for itteeReport2016.pdf, City Council Passes Most Comprehensive Environmental Justice Legislation Legislation Justice Environmental Comprehensive Most Passes Council City (Apr. 5, 2017), https 2017), 5, (Apr. DOCX DOCX ponsored by Councilmember Costa Constantinides, whose Queens district district Queens whose Constantinides, Costa by Councilmember ponsored To facilitate community empowerment, this Local Law also also Law Local this empowerment, community facilitate To pace.com/static/57f9842a37c5814489122d1a FINAL. OUNCIL OUNCIL ., N.Y.C. C 180 C These laws build on New York City’s recognition that that recognition City’s York on New build laws These ROT Protecting the Environment in an Era of Federal Retreat Federal of Era in an Environment the Protecting 185 RATSPIES namericanenvironmentalistassociation.org/nyc-ej-act/ (lasted visited Jan. 5, 2018). 2018). 5, Jan. visited (lasted namericanenvironmentalistassociation.org/nyc-ej-act/ .P This bill was sponsored by Councilmember Inez Barron, whose Brooklyn district includes includes district Brooklyn whose Barron, Inez by Councilmember sponsored was bill This legislative this championed Barron Inez Councilmember No. 64 (2017). Law Local N.Y.C. Id. dispar environmental with struggled long has City York New Id. Sharon, Shachar b this behind history of the a description For No. 60 (2017). Law Local N.Y.C. This bill was s The goal of this Law is to incorporate environmental justice concerns concerns justice environmental to incorporate is this Law of goal The , N.Y.C. Together, these two new laws should put New York City on a path to to path a on City York put New should laws new two these Together, The first Environmental Justice Law, Local Law 60, requires the City to to City the requires 60, Law Local Law, Justice Environmental first The The second Environmental Justice Law, Local Law 64, requires city city 64, Law requires Law, Local Justice Environmental second The 183 NVTL 182 183 184 185 178 179 180 181 E M K parts of Broad Channel Brownsville, Canarsie, East Flatbush, East New York, Howard B Comm Council’s City of Chair the as serves Barron Bay. 2004. in Barron Charles Council, City in and predecessor husband her by been introduced Environmental Justice Act enacted. it seeing finally before years for proposal includes Astoria—a neighborhood home to power plants and near La Guardia airport. Constantinides Constantinides airport. Guardia La near and plants power to home neighborhood Astoria—a includes Comm Environmental Council’s City of Chair the as serves in Nation Environmental Protection Committee, echoed the sentiment that these laws laws these that sentiment the echoed Committee, Protection Environmental with disengagement federal to response City’s York New of part are in particular. justice environmental and in general, law environmental finally address its long-standing and thorny issues of environmental environmental of issues thorny and long-standing its address finally injustice. http://africa 2018] 2018] the tasks and justice environmental on Group Working Interagency an justice environmental comprehensive a with developing Group Working plan. 2018-07-29 B federal of lack to the response direct a as laws these characterized Officer, leadership on the issue. ON delimit boundaries of environmental justice communities around New York York New around communities justice environmental of boundaries delimit budget and policy, legislation, for recommendations issue to and City, those within concerns justice environmental address could that initiatives communities. into all City decision-making and to identify opportunities for promoting promoting for opportunities identify to and decision-making City into all justice. environmental agencies todevelop to incorporate plans environmental justiceinto their processes. decision-making https://static1.squares 66018932/NewYorkEJComm communities of color. For example, directs the creation of an Environmental Justice Portal on the City’s website. website. City’s on the Portal Justice Environmental an of creation the directs information. other and studies data, maps, relevant contain will This portal C Y 39895-fiu_13-1 symposium Sheet No. 17 Side A 09/13/2018 14:52:31 A 09/13/2018 No. 17 Side Sheet symposium 39895-fiu_13-1 39895-fiu_13-1 symposium Sheet No. 17 Side B 09/13/2018 14:52:31 , M K 1 190 UST UST C Y J NYC UALITY UALITY Q UALITY . (Sept. 2, 6 (2017), 6 (2017), OALITION Q IR Perhaps Perhaps CI hnyc.org/wp- S IR A (July 2003), 2003), (July [Vol. 13:5 13:5 [Vol. 195 A gram-help-curb- In addition, addition, In TRONG AND AND TRONG NYC C REES S GENDA T 193 A DDRESS DDRESS OPULAR OPULAR A ities and communities of REES ON ,P RASH T T RBAN RBAN AN U C T USTICE USTICE ’ LAN FOR A FOR LAN J 811 (2013). (2013). 811 P RBAN ON U D 1033, 1037 (2001). 1037 (2001). 1033, HE HE ECTOR ECTOR S ws/411-17/mayor-pro :T LIMATE ENEFIT OF OF ENEFIT EALTH B ORK beautifies neighborhoods, and and neighborhoods, beautifies ASTE ASTE FFECT OF FFECT OF Y .H ERSPECTIVES E W HE HE P 194 RANSFORM UB 3 (2016), http://transformdonttras HE EW ,T N ,T ., NYC C ., T .J.P EALTH NE NE M LL nycbusiness/article/nyc-coolroofs (last visited Jan. 5, Jan. visited (last nycbusiness/article/nyc-coolroofs ERV .H would go a long way toward reducing the the reducing toward long way would go a OUNCIL ) 9/12/18 ) 3:14 PM ,O ce-of-the-mayor/ne S .A UIASON OMMERCIAL OMMERCIAL 188 .C , 91 A , Q C NVTL ELETE UST OMMUNITIES OMMUNITIES which also involves tree plantings, as well as as well as plantings, tree involves also which IST D FIU LawFIU Review C OREST OREST D .J 191 OT OT N In announcing this program, Mayor de Blasio Blasio de Mayor program, this announcing In ESSICA ESSICA , 121 E , O ence/article/2013-08/what-urban-heat-island-looks. ence/article/2013-08/what-urban-heat-island-looks. The Racial/Ethnic Distribution of Heat Risk-Related Land Cover in in Cover Land Risk-Related Heat of Distribution Racial/Ethnic The NVTL (D 192 USTAINABILITY USTICE USTICE &J This is What an Urban Heat Island Looks Like Looks Island Heat an Urban What is This J This measure, which has the full support of of support full the has which measure, This S ,USDAF ARWICK ARWICK EFORMING THE THE EFORMING 187 DOCX DOCX R in those communities over the medium and long-term. and medium the over communities in those ,W ://www1.nyc.gov/offi ., https://www1.nyc.gov/ ., 189 OW OWACK US FFICE OF ,N.Y.C.E FINAL. ASTIE B :H J. N H IR ULGAONKAR ULGAONKAR A N.Y.C. Local Law Int. No. 1535 (2017) (“A Local Law to Amend the Administrative Code Code Administrative the Amend to Law Local (“A 1535 (2017) No. Int. Law Local N.Y.C. M The cool roof initiative provides white, reflective roof coatings to building owners at In addition, the City Council continues to move forward with other with other forward move to continues Council City the addition, In Shaunacy Ferro, NVIRONMENTAL NVIRONMENTAL AVID AVID HRIS HRIS ://www.nrs.fs.fed.us/units/urban/local-resources/downloads/Tree_Air_Qual.pdf. RATSPIES ://www.popsci.com/sci E Id. Id. D C N.Y.C. O See e.g. See, their than temperatures higher experience which areas, urban are islands heat Urban Bill JesdaleM. et al., Heat Summer Extreme of Effects Curb Help to Program Announces Mayor Release, Press 186 , N.Y.C. Zoning, Equity, and Public Health and Public Equity, Zoning, See RIYA RIYA 192 193 194 195 186 http://www.nyc.gov/html/onenyc/downloads/pdf/publications/OneNYC.pdf. (2015), 164 187 188 189 190 191 ITY LEARING THE SSUES IN https://core.ac.uk/download/pdf/83111900.pdf. effects-extreme-summer-heat. effects-extreme-summer-heat. surrounding rural areas due to changes in the landscape due to fewer trees, and more dark pavement and and pavement dark and more trees, fewer to due landscape the in changes due to areas rural surrounding rooftops. https 2017), 14, (June provides a host of intangible benefits associated with wellness. with associated benefits intangible host of a provides Relation to Residential Segregation environmental justice bills. For example, a bill introduced in 2017 would would in 2017 introduced bill a example, For bills. justice environmental communities justice in environmental planted be trees 100,000 that require years. five within 2013), https 2013), http://www.naturewithin.info/UF/TreeBenefitsUK.pdf. http://www.naturewithin.info/UF/TreeBenefitsUK.pdf. acknowledged that the urban heat islands in NYC pose a “threat that falls falls that “threat a pose NYC in islands heat urban the that acknowledged elderly.” the and color of communities on disproportionately C C that involve heavy truck traffic tend to be clustered around low-income commun low-income around be clustered to tend traffic truck heavy involve that P color. I 28 2018-07-29 B “inexorably are protection environmental and justice environmental linked.” (2002), https (2002), planting trees improves local air quality, air local improves trees planting In the meantime, the Mayor’s office is moving forward with a parallel plan plan parallel a with forward moving is office Mayor’s the meantime, the In Cool Neighborhoods, called 2018). 2018). content/uploads/2016/09/Final-draft-v3_TDT-Air-Qual-Report_Clearing-the-Air-1.pdf; Juliana Juliana content/uploads/2016/09/Final-draft-v3_TDT-Air-Qual-Report_Clearing-the-Air-1.pdf; Maantay, heat island effect environmental justice advocates, justice environmental of the City of New York in Relation to Requiring the Department of Parks and Recreation to Plant 100,000 100,000 to Plant and Recreation of Parks Department the to Requiring York of in New Relation City the of Trees in Environmental Justice Communities Within Five Years”). a cool roofs initiative. roofs cool a reduced or no cost in a bid to increase the City’s albedo. This reduces the need for cooling. cooling. need for reduces the This albedo. City’s no cost in the or increase a bid to reduced CoolRoofs 39895-fiu_13-1 symposium Sheet No. 17 Side B 09/13/2018 14:52:31 B 09/13/2018 No. 17 Side Sheet symposium 39895-fiu_13-1 39895-fiu_13-1 symposium Sheet No. 18 Side A 09/13/2018 14:52:31 , 16– N.Y., N.Y., N.Y., N.Y., (2013), (2013), Status of Status EPORT EPORT R 29 llings and Pest and Pest llings , CDC (Apr. 6, (Apr. CDC , 10 (Dec. 2013), 2013), 10 (Dec. ecently held HILDREN AND THE THE AND HILDREN with African with African HILDREN OF OF HILDREN , http://a816- C C HILDREN OF OF HILDREN UMMARY S 197 ENTER S C ’ 2003-05 C . 3:S131-45 (2009); Lara Lara (2009); 3:S131-45 . EALTH FOR TATE . S UPPL 196 EALTH EALTH FOR Lara J. Akinbami et al., al., et Akinbami J. Lara illance_summary_report.pdf S . H OMM ORK ORK C see see Y URVEILLANCE URVEILLANCE OMM S C onpost.com/entry/peggy-shepard-of-we- Children living in minority minority in living Children EW lity: United States EDIATRICS This bill has the strong backing backing strong the has bill This 199 ITIZENS ., N Outdoor air quality varies widely, widely, varies quality air Outdoor 569 (2008). 569 (2008). 202 TR SHTHMA , C 200 If enacted, this bill will make a a make will bill this enacted, If C A ITIZENS NVIRONMENTAL ,123P , N.Y.C., H E 203 EALTH S iles/Patient%20Care/Children/Childrens%20Environm ’ ,C lity TATE TATE H ) 9/12/18 ) 3:14 PM S EALTH EALTH sthma03-05/asthma03-05.htm. sthma03-05/asthma03-05.htm. .H ORK ORK ELETE Y D HILDREN 7 Reasons Why Asthma is an Environmental Justice Crisis Justice an Environmental is Why Asthma 7 Reasons C OT OT NVTL EW OMMUNITY OMMUNITY N E O ,N S ’ (D &C Children Living in Areas with More Street Trees Have Lower Prevalence Prevalence Lower Have Trees Street More with in Areas Living Children tics/ny_asthma/pdf/2013_asthma_surve Overall Risk Ranking Peggy Shepard of WEACT on Air Pollution, Asthma and Environmental and Environmental Asthma Pollution, on Air WEACT of Shepard Peggy ://www.weact.org/2017/05/7-reasons-asthma-environmental-justice-crisis/. ://www.weact.org/2017/05/7-reasons-asthma-environmental-justice-crisis/. EALTH DOCX DOCX (May 16, 2017), (May http://www.huffingt H HILDREN In New York City, “[a]sthma rates have tripled in the past past the in tripled have rates “[a]sthma City, York New In OST C P T OF T OF ’ THE FROM EPORT 198 FINAL. , Motavvef, Athena EP PIDEMIOLOGY PIDEMIOLOGY INAI INAI E :AR N.Y.C. Local Law No. 55 (2018) (“A Local Law to Amend the Administrative Code of of Code Administrative the Amend Law to Local (“A 55 (2018) No. Law Local N.Y.C. .S The new Environmental Justice Local Laws will help document document help will Laws Local Justice Environmental new The T Protecting the Environment in an Era of Federal Retreat Federal of Era in an Environment the Protecting RATSPIES ://www.cdc.gov/nchs/data/hestat/a Asthma Prevalence, Health Care Use and Morta Use Care Health Prevalence, Asthma Neighborhood Air Qua Air Neighborhood See Yerman, G. Marcia N.Y. D M Asthma Emergency Room Visits Gina S. Lovasi et al., al., et Lovasi S. Gina e.g. See, cccnewyork.org/riskranking#?domain=1245&year=20&communities=8%7C17 (last visited visited (last cccnewyork.org/riskranking#?domain=1245&year=20&communities=8%7C17 cccnewyork.org/data/bar/6/asthma-emergency-department-visits#6/197/1,15,28,2,47,62/9/20 cccnewyork.org/data/bar/6/asthma-emergency-department-visits#6/197/1,15,28,2,47,62/9/20 201 , 62 J. 62 , UFFINGTON UFFINGTON ,H Asthma is a significant environmental justice issue, justice environmental significant a is Asthma 201 202 203 198 199 200 196 197 M K NVIRONMENT three decades” and are now “the leading cause of emergency room visits, absenteeism.” school and hospitalizations of Asthma of http://data. 2018). 5, Jan. visited (last dohbesp.nyc.gov/IndicatorPublic/PublicTracking.aspx?theme_code=1,4&subtopic_id=91 2018). 5, Jan. Akinbami, Akinbami, with environmental justice communities more likely to have poor air air poor have to likely more communities justice environmental with quality. of environmental justice advocates. justice environmental of act-on-air-pollution-asthma_us_591b3acde4b086d2d0d8d317. act-on-air-pollution-asthma_us_591b3acde4b086d2d0d8d317. American and Latino children experiencing much higher rates of asthma than than asthma of rates higher much experiencing children Latino and American children. white E these disparities, and will focus the attention of City officials on methods to to methods on officials City of attention the focus will and disparities, these to contribute also can quality air indoor However, disparities. these resolve r Buildings and Housing on Committee Council’s City asthma. with responsibilities owner’s building a increase would that bill on a hearings hazards. allergen asthma to indoor regard 2018] 2018] 2018-07-29 B living children perspective, justice environmental an from most importantly asthma. develop to likely less are streets lined on tree https://www.mountsinai.org/static_files/MSMC/F ental%20Health%20Center/NYS-Children-Environment.pdf. http://data. (last visited Jan. 5, 2018); 2018); 5, Jan. visited (last 17 WEACT (May 7, 2017), https 2017), 7, (May WEACT the City of New York, in Relation to Indoor Asthma Allergen Hazards in Residential Dwe Residential in Hazards Allergen Asthma Indoor to Relation in New York, of City the Management, and to Repeal Section 27-2018 of the Administrative Code of the City of New York, York, New of City the of Code Administrative the of 27-2018 Section Repeal to and Management, Extermination”). and Eradication and Insect Rodent to Relating Justice https://www.health.ny.gov/statis 2010), https 2010), neighborhoods are at a much higher risk. higher much a at are neighborhoods (stating that this pattern holds true across the United States as well); Childhood Asthma in the United States, 1980–2007 States, United the in Asthma Childhood C Y 39895-fiu_13-1 symposium Sheet No. 18 Side A 09/13/2018 14:52:31 A 09/13/2018 No. 18 Side Sheet symposium 39895-fiu_13-1 39895-fiu_13-1 symposium Sheet No. 18 Side B 09/13/2018 14:52:31 M K C Y illon in [Vol. 13:5 13:5 [Vol. Municipal Municipal Under this this Under 204 205 RIVE RIVE At the height of the the of height the At D 206 ITIES TO TO ITIES . 102, 116–20 (2017). 116–20 102, . C EV illon Rule to thwart a Virginia Virginia a thwart to Rule illon 207 U.S. 161, 178–79 (1907) (finding that because because that (finding (1907) 178–79 161, 207 U.S. .L.R ) 9/12/18 ) 3:14 PM OLICY NVTL E P ELETE ELYING ONELYING D FIU LawFIU Review R OT OT N ORDHAM ORDHAM O (D , 28 F , DOCX DOCX What Local Governance Can Contribute to Environmental Defenses Against the the Against Defenses Environmental to Contribute Can Governance Local What FINAL. NVIRONMENTAL E IMITATIONS TO L RATSPIES
The Dillon Rule, which was first articulated by Iowa Supreme Court Justice John D John Justice Court Supreme by Iowa articulated first was which Rule, Dillon The 87–90 (2010). 2d 84, 690 S.E. Hampton, of City v. Technologies Marble For a discussion of some of the ways this plays out across the country, see country, the across out plays this ways the of some McArdle, of Andrea a discussion For III. Although New York City continues to forge new environmental environmental new forge to continues City York New Although 205 206 204 approach to local government, municipalities have only those powers powers those only have municipalities government, to local approach expressly granted state the by legislature,along with powers that either are necessarily implied from those express powers, are essential or and that municipalities Thus, powers. express those exercising to indispensable the of permission the with legislate only can rule Dillon the under operate to municipalities of ability the limits dramatically rule This legislature. state Virginia the example, For environment. the to protect intended choices make Supreme Court recently used the D its within islands on barrier development to limit decision municipality’s Bay. Chesapeake the protect to order in jurisdiction Tea Party furor, Alabama passed a law prohibiting municipalities from from municipalities prohibiting law a passed Alabama furor, Party Tea adopting “any policy recommendation originatingin, or traceable to, on Conference its at 1992 in Nations United the by 21,’ adopted ‘Agenda 30 2018-07-29 B vulnerable most City’s the for asthma childhood in difference significant residents. governments across the country exercise governing power under one of two two of one under power governing exercise country the across governments gives rule Home rule.” “Dillon the or rule” “home under either theories: legislative of range wide a make to authority governing the municipalities Dillon the contrast, By state. the by addressed been not have that decisions governments. local over supremacy state emphasizes rule City of Clinton v. Cedar Rapids & Missouri River R.R., 24 Iowa the 455, from, 475 wholly (1868) rights and powers their and derive to, origin their owe corporations “[m]unicipal the that concluded it 1906 when in view this endorsed Court Supreme States United The (declaringlegislature.”). state of Pennsylvaniacould consolidate the cities of Pittsburgh and that Alleghany over the objections of a majority of Alleghany residents. Hunter v. Pittsburgh, protection ground, and cities in general can be important environmental environmental important be can general in cities and ground, protection leaders, there are some real drawbacks relying to cities on rather than a robust not inherently are cities First, protection. environmental of program federal power. delegated only exercise and entities, sovereign Local Green Initiatives: Onslaught of Climate Change Climate of Onslaught “[m]unicipal corporations are political subdivisions of the State, created as convenient agencies for number, . The . . them . to may be as the entrusted of State powers governmental the of such exercising they which over territory the and corporations these upon conferred powers the of duration and nature State.”). the of discretion absolute the in rests be exercised shall 39895-fiu_13-1 symposium Sheet No. 18 Side B 09/13/2018 14:52:31 B 09/13/2018 No. 18 Side Sheet symposium 39895-fiu_13-1 39895-fiu_13-1 symposium Sheet No. 19 Side A 09/13/2018 14:52:31 . 214 210 (Mar. (Mar. OLUM IMES , 90 C , included 31 207 k/city-council- (Apr. 7, 2008), 2008), 7, (Apr. , N.Y. T (Mar. 31, 2008), 2008), 31, (Mar. IMES L.J. 2542, 2556, 2563– 2556, 2542, L.J. PlaNYC IMES iling how home rule limits ALE , N.Y., T Can Strong Mayors Empower Empower Mayors Strong Can , N.Y. T ynews.com/new-yor Instead, the plan required , 115 Y , 115 213 However, under home rule, rule, home under However, 212 A majority of City Council Council City of majority A 211 209 ttp://www.nydail . 489, 463–65 (2013) (deta 463–65 (2013) 489, . 008/03/24/poll-public-backs-traffic-fees-if-the-money- EV R ) 9/12/18 ) 3:14 PM Y ’ ELETE OL D City Councilmembers Tout East River Bridge Tolls as a Way of of a Way as Tolls Bridge River East Tout Councilmembers City xecutives in a Federal System a Federal in xecutives OT OT Impeding Local Laboratories: Obstacles to Urban Policy Diffusion Diffusion Policy Urban to Obstacles Laboratories: Local Impeding N O .L.&P Congestion Pricing Plan Dies Albany in Dies Plan Pricing Congestion (D Indeed, the scope of local authority is often highly highly often is authority local of scope the Indeed, (Oct. 29, 2015), h 2015), 29, (Oct. ARV Our Localism: Part I—TheOur Part Structure Localism: Law of Local Government 208 DOCX DOCX Council Votes 30-20 For Traffic Fees Traffic For 30-20 Votes Council EWS ,7 H ,7 N Poll: Voters Back Congestion Pricing, If Funds Go To Transit Go Funds If Pricing, Congestion Back Voters Poll: . art. IX, § 2. § 35-1-6(b) (2018) (effective Aug. 1, 2012). 2012). 1, Aug. (effective (2018) § 35-1-6(b) FINAL. , Alderdice, Jacob AILY AILY ODE ONST .C ,D Protecting the Environment in an Era of Federal Retreat Federal of Era in an Environment the Protecting LA RATSPIES Sewall Chan, Sewall Chan, Erin Durkin & Dan Rivoli, Confessore, Nicholas A e.g. See, Richard Briffault, C N.Y. . 1, 18 (1990). 18 (1990). 1, . Home rule provides more scope to municipalities than does the Dillon Dillon the does than municipalities to scope more provides rule Home New York City operates under home rule rather than the Dillon Rule. Dillon the than rather rule home under City operates York New 211 212 213 214 207 208 209 210 EV M K Rule, but still falls far short of the range of powers available to states or the the or to states available powers of range the of short far falls still but Rule, government. federal 64 (2006). 64 (2006). an act of the state legislature, which refused to eventhe put issueto a vote. the City did not have authority to adopt this plan. this to adopt authority have did not City the https://cityroom.blogs.nytimes.com/2008/03/31/council-panel-approves-congestion-pricing-measure/. L. R 2018] 2018] 2018-07-29 B ancillary or law international other any or Development, and Environment constitutions.” federal and state the contravenes that action of plan members-tout-plan-impose-east-river-bridge-article-1.2416432. members-tout-plan-impose-east-river-bridge-article-1.2416432. https://cityroom.blogs.nytimes.com/2008/04/07/congestion-pricing-plan-is-dead-assembly-speaker- says/. members also supported congestion pricing. congestion supported also members Recently, New York’s Governor, Andrew Cuomo, breathed new life into into life new breathed Cuomo, Andrew Governor, York’s New Recently, Nevertheless, the City’s ability to adopt environmental measures has been been has measures environmental adopt to ability City’s the Nevertheless, has City York New example, For legislature. State York New the by limited pricing A congestion years. for plan pricing congestion a to adopt trying been to reduce order in roads certain and bridges on tolls impose would plan funds generate to and City, the of parts in overburdened traffic and pollution Bloomberg, Mayor Under improvements. transit mass for a congestion pricing proposal as a centerpiece of transit and pollution pollution and transit of centerpiece a as proposal pricing congestion a by an pricing congestion backed residents City York planning. New 27%). to (67% majority overwhelming 24, 2008), https://cityroom.blogs.nytimes.com/2 goes-to-mass-transit/. variable, “reflecting an ever-shifting mix of state delegation and oversight, oversight, and delegation state of mix ever-shifting an “reflecting variable, to capacity local the in fluctuations interpretation, judicial of vagaries the changing the and conflict inter-local of strains the measures, initiate local problems the of dimensions technological and social, economic, to address.” upon called are governments governments’ powers to create innovative policies); Richard C. Schragger, Schragger, C. Richard policies); innovative create to powers governments’ Weak Cities? On the Power of Local E Funding MTA Funding in Local Government Law Government Local in C Y 39895-fiu_13-1 symposium Sheet No. 19 Side A 09/13/2018 14:52:31 A 09/13/2018 No. 19 Side Sheet symposium 39895-fiu_13-1 39895-fiu_13-1 symposium Sheet No. 19 Side B 09/13/2018 14:52:31 M K C Y New , N.Y. ition-to- , NBC N.Y. [Vol. 13:5 13:5 [Vol. Governor Governor (2018), (2018), (Oct. 5, 2017), 2017), 5, (Oct. 215 (Nov. 28, 2017), 28, 2017), (Nov. EPORT TATE R IMES T 2017). The Governor will Governor The 2017). Whose Time Come’ Has Time Whose , N.Y. S , N.Y., N.Y.C. Local Law No. 81 (2016) No. 81 (2016) Law Local N.Y.C. , NBC 6, 2017), (Feb. N.Y. ANEL ANEL P ee also The Department of Sanitation Sanitation of Department The 218 ffic Plan‘An Idea 2017/08/13/nyregion/cuomo-rethinks-oppos DVISORY DVISORY Environmental groups lined up behind behind up lined groups Environmental ) 9/12/18 ) 3:14 PM 221 On January 19, 2018, the Advisory Panel Panel Advisory the 2018, 19, On January To combat this problem, New York City City York New problem, this To combat ELETE nor-cuomo-announces-fix-nyc-advisory-panel. The 16 member 16 member The nor-cuomo-announces-fix-nyc-advisory-panel. 216 D FIU LawFIU Review 219 OT OT NYC A N O www.nytimes.com/ (D ws/gover The plan renewed many of the Bloomberg Era Era Bloomberg the of many renewed plan The NYC Lawmakers Approve 5-cent Charge for Disposable Bags Disposable for Charge 5-cent Approve Lawmakers NYC ://www.nbcnewyork.com/news/local/Plastic-Bag-Fee-New-York-City-NYC- IX 217 NY, http://iheartmoveny.org/ (last visited Oct. 31, DOCX DOCX Cuomo Calls Manhattan Tra Manhattan Calls Cuomo OVE om/2017/11/28/nyregion/congestion-pricing-new-york.html. om/2017/11/28/nyregion/congestion-pricing-new-york.html. FINAL. New York City enacted New York Local 63, imposing Law cent a five ouncil.nyc.gov/LegislationDetail.aspx?ID=1687953&GUID=492A60EA-D352-462A- 220 governor.ny.gov/ne RATSPIES Testimony of Kathryn Garcia, Comm’r of N.Y.C. Dep’t of Sanitation, before the New York York New the before Sanitation, of Dep’t N.Y.C. of Comm’r Garcia, Kathryn of Testimony Karen Matthews, city the code of administrative amend the Law to Local (“A No. 61 (2016) Law Local N.Y.C. Governor Cuomo Announces “Fix NYC” Advisory Panel Advisory NYC” “Fix Announces Cuomo Governor N.Y.C., Fee NYC Bag Postpone Move to Lawmakers State F Marc Santoro, The fate of New York City’s attempt to limit use of single-use plastic plastic single-use of use limit to attempt City’s York New of fate The (Aug. 13, 2017), https:// 2017), 13, (Aug. 219 220 221 216 217 218 215 IMES tolls-to-ease-manhattan-traffic.html. In doing so, Governor Cuomo embraced the grassroots planning planning grassroots the embraced Cuomo Governor so, doing In tolls-to-ease-manhattan-traffic.html. M NY. Move done by City Council Committee on Sanitation & Solid Waste Management 1–4 (Nov. 19, 2014), 19, 1–4 (Nov. Management Waste & Solid on Sanitation Committee Council City http://legistar.c (click Testimony] Garcia [hereinafter 915A-BB2C34A58D61&Options=ID%7cText%7c&Search download). to 11/19/14” Testimony “Hearing hyperlink 81, Law was amended by Local The law bags. carry-out of use the reducing to in relation York New of s 2017”); February into date compliance back the pushed which recommendations, and proposed using the congestion fees to fund mass mass fund to fees congestion the using proposed and recommendations, the up take to legislature York New the to up is it Now improvements. transit City. the than rather state, the with rests still decision final the Yet, question. limited with on cities relying of limitations the of example another offers bags bags 10 billion year, Every problems. environmental solve to sovereignty enter City’s New York waste stream. 32 2018-07-29 B come.” has time whose idea “an it calling pricing, congestion https://www.nytimes.c Recycling-Green-Paper-Council-378272421.html. Recycling-Green-Paper-Council-378272421.html. (May 5, 2016), https 2016), 5, (May T http://www.hntb.com/HNTB/media/HNTBMediaLibrary/Home/Fix-NYC-Panel-Report.pdf. sought to join more than 150 municipalities around the country with with country the around municipalities 150 than more join to sought on surcharge a to impose or bags plastic single-use ban to either ordinances their use. https://www.nbcnewyork.com/news/local/New-York-State-Legislature-Blocks-New-York-City-Plastic- Voters). Conservation of League the of President Bystryn, Marcia (quoting Bag-Fee-412958963.html https://www. estimates that collecting and disposing of these plastic bags costs New York York New costs bags plastic these of disposing and collecting that estimates year. per million City $12.5 Cuomo created a Fix NYC Advisory Panel tasked with making making with tasked Panel NYC Advisory Fix a created Cuomo about and Manhattan, in congestion traffic both about recommendations transportation. public funding charge on single-use plastic bags. plastic on single-use charge reportedly make congestion pricing a centerpiece of his transportation plans in 2018. Winnie Hu, Hu, Winnie 2018. in plans transportation his of a centerpiece pricing congestion make reportedly York’s Tilt Toward Congestion Pricing Was Years in Making in the Years Was Pricing Congestion Toward Tilt York’s released itsreport. panel includes business leaders, transit experts, and politicians from outside the City. Notably absent groups. were community or advocates, transit officials, any City 39895-fiu_13-1 symposium Sheet No. 19 Side B 09/13/2018 14:52:31 B 09/13/2018 No. 19 Side Sheet symposium 39895-fiu_13-1 39895-fiu_13-1 symposium Sheet No. 20 Side A 09/13/2018 14:52:31 , The The 224 223 (Mar. 12, 12, (Mar. 33 TATE (Feb. 14, 2017), 2017), 14, (Feb. IMES , N.Y., S At least some news news some least At 227 ,N.Y.T ork-city-plastic-bag-law.html. ork-city-plastic-bag-law.html. Governor Cuomo signed the the signed Cuomo Governor 225 However, to date there have been no been no have there to date However, State Senate Takes Aim at Plastic Bag Fee in New York New in Bag York Fee at Plastic Aim Takes Senate State ) 9/12/18 ) 3:14 PM 228 governor-cuomo-announces-launch-statewide-plastic-bag- ://www.nytimes.com/2017/01/17/nyregion/plastic-bags-new- ELETE In its place, the Governor set upa state-wide 2017/10/plastic_bag_ban_fee.html. 2017/10/plastic_bag_ban_fee.html. D 226 OT OT N note 219. 219. note O ny.gov/news/ (D supra Cuomo Blocks NYC Plastic Bag Law Bag NYC Plastic Blocks Cuomo NY State Task Force Likely to Favor Controls on Plastic Shopping Bags Shopping on Plastic Favor Controls to Force Likely Task State NY DOCX DOCX 2017/02/14/nyregion/cuomo-blocks-new-y FINAL. (Jan. 17, 2017), https 2017), 17, (Jan. (Oct. 12, 2017), 2017), 12, (Oct. ONCLUSION Hearing before the New York City CouncilCommittee on Sanitation & Solid Waste ://www.governor. ouncil.nyc.gov/LegislationDetail.aspx?ID=1687953&GUID=492A60EA-D352-462A- ouncil.nyc.gov/LegislationDetail.aspx?ID=1687953&GUID=492A60EA-D352-462A- IMES Washington D.C’s Director of the Department of the Environment Environment the of Department the of Director D.C’s Washington C Protecting the Environment in an Era of Federal Retreat Federal of Era in an Environment the Protecting T RATSPIES
COM Jesse McKinley, Jesse McKinley, Force Task Bag Plastic Statewide of Launch Announces Governor Tampone, Kevin Garcia Testimony, York New the before the Env’t, of Dep’t D.C. of the Dir. Anderson, A. Keith of Testimony See left were Beach and Long County in bags Suffolk on plastic fees imposing measures Similar . 222 These are trying times for American any committed protectingto the IV. Yet, both houses of the New York state legislature passed bills bills passed legislature state York New the of houses both Yet, 226 227 228 222 223 224 225 ,N.Y. M K YRACUSE environment. Internationally and domestically, the federal government has has government federal the domestically, and Internationally environment. his and President The issues. these on role leadership its abandoned but all only opposition came from the producers and marketers of plastic bags. plastic of marketers and producers the from came only opposition Task Force to investigate the “issue” of plastic bags. plastic of “issue” the to investigate Force Task http://www.syracuse.com/state/index.ssf/ 915A-BB2C34A58D61&Options=ID%7cText%7c&Search= (click hyperlink “Hearing Testimony Testimony “Hearing hyperlink (click 915A-BB2C34A58D61&Options=ID%7cText%7c&Search= download). to 11/19/14” Management (Nov. 19, 2014), 2014), 19, (Nov. Management http://legistar.c City Council Committee on Sanitation & Solid Waste Management 11–15 (Nov. 19, 2014), 2014), 19, 11–15 (Nov. Management Waste & Solid on Sanitation Committee Council City http://legistar.c (click Testimony] Anderson [hereinafter 915A-BB2C34A58D61&Options=ID%7cText%7c&Search= download). to 11/19/14” Testimony “Hearing hyperlink Nir, Maslin Sarah legislation. state by the place in City recommendations from the Task Force, even as billions of plastic bags bags plastic of billions as even Force, Task the from recommendations stream. waste the enter to continue bill killing the five cent fee in February of 2017, just days before Local Law Local before days 2017, of just in February fee cent five the bill killing effect. taken 63 would have (“A Local Law to Amend the Administrative Codeof the City of New York in Relation to Reducing the Bags”). Carryout of Use 2018] 2018] journeytookto to to the about testify York City New trouble the success of bag in disposable decrease 60% a with credited is which program, D.C. the use, a comparable and decrease in litter associated with plastic bags. preventing Local Law 63 from taking effect. taking from 63 Law Local preventing 2018-07-29 B bill. the https://www.nytimes.com/ york.html. york.html. 2017), https 2017), S reports suggest that the Task Force is “likely” to recommend some sort of of sort some recommend to is “likely” Force Task the that suggest reports bags. plastic for measures control task-force. C Y 39895-fiu_13-1 symposium Sheet No. 20 Side A 09/13/2018 14:52:31 A 09/13/2018 No. 20 Side Sheet symposium 39895-fiu_13-1 39895-fiu_13-1 symposium Sheet No. 20 Side B 09/13/2018 14:52:31 M K C Y 230 (June 15, 15, (June OS [Vol. 13:5 13:5 [Vol. K AILY AILY ,D ) 9/12/18 ) 3:14 PM .com/stories/2017/6/15/1672084/-RESISTING-TRUMP-S- NYC is a leader in green governance. But, But, governance. green in leader is a NYC ELETE note 204 (making this case). case). this 204 (making note 229 D FIU LawFIU Review OT OT N supra supra O (D ://www.dailykos Resisting Trump’s Environmental Rollbacks Locally DOCX DOCX McArdle, note 177. 177. note FINAL. supra 231 RATSPIES Havlik, See generally Rushing,Keith New York City is showing how we can move forward together, together, forward move can we how showing City York is New There is a lot that New York City,There that is a lot other New York and protectdo cities, to can the 229 230 231 particularly in responding to climate change and working to confront to confront working and change climate to in responding particularly justice environmental the of Corbin-Marks, Cecil injustice. environmental advocacy when best Justiceit for Environmental expressed WEACT group 2017), https 2017), 34 2018-07-29 B Yet, regulation. environmental to hostility intense expressed have appointees and Creative environmentalism. of death in the not result need retreat federal City York New move to authority their using are officials public committed forward, eventhe in of face a federal retreat. The examples from York New be will and] [can that “models offer essay brief this in City discussed nation.” the around replicated environment in an era of federal neglect. However, City authority has limits, limits, has authority City However, neglect. federal of era an in environment policy. environmental sound of way the in get sometimes can limits those and how highlights bags plastic to regulate attempt City’s York New of saga The City found York New problem. a create can authority municipal of limits the its exercised which legislature, state unsympathetic an of mercy the at itself carefully-considered well-supported, a been had what undo to power to barrier real a is authority on limitation This decision. municipal transformative change. It meansthat, even with most-foresightedthe much. so do only can City York New leaders, environmentally-minded federal the when left hole gaping the fill cannot alone action Municipal protection. to environmental commitment its abandons government he said: “People are looking to New York City for leadership, and some of of some and leadership, for City York New looking to are “People said: he can they else how of thinking and that recognizing are officials elected our up.” step as a general matter, the more latitude that local communities have to tailor tailor to have communities local that latitude more the matter, general a as the ensure can we that is it likely more the conditions, to local governance risks. climate-induced to responding for necessary flexibility of level ENVIRONMENTAL-ROLLBACKS-LOCALLY. 39895-fiu_13-1 symposium Sheet No. 20 Side B 09/13/2018 14:52:31 B 09/13/2018 No. 20 Side Sheet symposium 39895-fiu_13-1