Does Obama's Climate Speech Signal New Era of Polluter Liability for Weather Disasters?
President Barack Obama’s speech on climate change may augur a new era of liability for carbon polluters with respect to climate and weather damages. In his address at Georgetown University on Tuesday, the president laid out the logic that ties greenhouse emissions to economic costs being borne today:
Global warming influences all weather events: “in a world that’s warmer than it used to be, all weather events are affected by a warming planet”There are economic costs from extreme weather: “Americans across the country are already paying the price of inaction in insurance premiums, state and local taxes, and the costs of rebuilding and disaster relief”
Global warming is caused by human activity: “Ninety-seven percent of scientists . . . have acknowledged the planet is warming and human activity is contributing to it.”
Carbon pollution will continue to increase weather damages: “The hard truth is carbon pollution has built up in our atmosphere for decades now. And even if we Americans do our part, the planet will slowly keep warming for some time to come. The seas will slowly keep rising and storms will get more severe, based on the science.”
President Obama highlighted Superstorm Sandy as a specific example of a multi-billion-dollar disaster exacerbated by carbon pollution, noting “[t]he fact that sea level in New York, in New York Harbor, are now a foot higher than a century ago—that didn’t cause Hurricane Sandy, but it certainly contributed to the destruction that left large parts of our mightiest city dark and underwater.”
The $51 billion Sandy federal relief bill was an emergency spending bill that was limited by the sequestration cuts. A majority of Republicans called for pay-fors for the bill. No attempt was made to derive funding from greenhouse emitters or financiers—such as those who make up the wealthiest residents of the New York City region.
Currently, disaster relief and flood and drought insurance programs are treated as discretionary or emergency spending that goes against state and federal budgets. No civil or criminal liability is assumed by emitters of greenhouse gases. The president’s remarks may indicate a new effort to have carbon-producing and financing industries bear the responsibility for the societal costs of extreme weather, sea level rise, and climatic disruptions.
Now, we know that no single weather event is caused solely by climate change. Droughts and fires and floods, they go back to ancient times. But we also know that in a world that’s warmer than it used to be, all weather events are affected by a warming planet. The fact that sea level in New York, in New York Harbor, are now a foot higher than a century ago—that didn’t cause Hurricane Sandy, but it certainly contributed to the destruction that left large parts of our mightiest city dark and underwater.The potential impacts go beyond rising sea levels. Here at home, 2012 was the warmest year in our history. Midwest farms were parched by the worst drought since the Dust Bowl, and then drenched by the wettest spring on record. Western wildfires scorched an area larger than the state of Maryland. Just last week, a heat wave in Alaska shot temperatures into the 90s.
And we know that the costs of these events can be measured in lost lives and lost livelihoods, lost homes, lost businesses, hundreds of billions of dollars in emergency services and disaster relief. In fact, those who are already feeling the effects of climate change don’t have time to deny it—they’re busy dealing with it. Firefighters are braving longer wildfire seasons, and states and federal governments have to figure out how to budget for that. I had to sit on a meeting with the Department of Interior and Agriculture and some of the rest of my team just to figure out how we’re going to pay for more and more expensive fire seasons.
Farmers see crops wilted one year, washed away the next; and the higher food prices get passed on to you, the American consumer. Mountain communities worry about what smaller snowpacks will mean for tourism—and then, families at the bottom of the mountains wonder what it will mean for their drinking water. Americans across the country are already paying the price of inaction in insurance premiums, state and local taxes, and the costs of rebuilding and disaster relief.
So the question is not whether we need to act. The overwhelming judgment of science — of chemistry and physics and millions of measurements — has put all that to rest. Ninety-seven percent of scientists, including, by the way, some who originally disputed the data, have now put that to rest. They’ve acknowledged the planet is warming and human activity is contributing to it. . . .
So using less dirty energy, transitioning to cleaner sources of energy, wasting less energy through our economy is where we need to go. And this plan will get us there faster. But I want to be honest—this will not get us there overnight. The hard truth is carbon pollution has built up in our atmosphere for decades now. And even if we Americans do our part, the planet will slowly keep warming for some time to come. The seas will slowly keep rising and storms will get more severe, based on the science. It’s like tapping the brakes of a car before you come to a complete stop and then can shift into reverse. It’s going to take time for carbon emissions to stabilize.