Penn Undergraduate Law Journal
  • Home
  • About
    • Mission
    • Masthead
    • Faculty Advisory Board
    • Partner Journals
    • Sponsors
  • Submissions
  • Full Issues
  • The Roundtable
    • Pre-Law Corner
  • Events
  • Contact
    • Contact
    • Apply
    • FAQs
  • Home
  • About
    • Mission
    • Masthead
    • Faculty Advisory Board
    • Partner Journals
    • Sponsors
  • Submissions
  • Full Issues
  • The Roundtable
    • Pre-Law Corner
  • Events
  • Contact
    • Contact
    • Apply
    • FAQs

The Roundtable


Welcome to the Roundtable, a forum for incisive commentary and analysis
on cases and developments in law and the legal system.


BRIC by BRIC: Building Climate Resilience in Hurricane-Susceptible Communities

11/4/2024

0 Comments

 
Picture
Written by Alyssa Thomas, Edited by Jameson Russell
​

On September 1st, 2021 Philadelphians awoke to the sound of water rushing past their homes, businesses, and schools.

As the Schuylkill River Storm Surge and remnants of Hurricane Ida rushed through the streets of Philadelphia, property was destroyed, highways were taken out of commission, neighborhoods were ransacked, and countless were stranded without water, power, and food [1].

There’s no need to look too far into the past for examples of these terrifying extreme weather events. Let’s consider the past year. Southeastern states like Florida were hit by 13 named storms this year including Hurricanes Beryl, Helene, and Milton: the last two occurring just a few days apart. The death toll for just this year is already 326 with nearly a month and a half still left in hurricane season [2]
Hurricanes also carry a significant financial cost; the National Oceanic and Atmospheric Administration (NOAA) has estimated that, since the 1980s, hurricanes have caused over 1.3 trillion dollars of damage to vital infrastructure [3].

Climate change is the likely culprit for the increased intensity of hurricanes according to the Intergovernmental Panel on Climate Change (IPCC) due to anthropogenic sea level rise, sea warming increasing cyclone intensity, and an “accompanying increase in atmospheric moisture content” [4]. The IPCC identifies a 1.5°C warming threshold as the crucial limit at which, if surpassed, there would be potentially irreversible negative impacts on ecosystems, human health, and climate stability [5].

With the latest IPCC report finding that, unless significant action is taken, the 1.5°C warming threshold will be blown past by 2030, it begs the question: 

Given that climate change is amplifying disasters, can we afford to wait for the next crisis before investing in the resilience of our most vulnerable communities?

It’s imperative that climate resiliency is included in rebuilding communities affected by hurricanes and flooding. The Federal Emergency Management Agency (FEMA) has begun to take climate resilience seriously, but more is required to fortify FEMA’s delayed response.  

FEMA derives its regulatory authority and power to address disasters from the Stafford Act [6]. This Act allows the federal government to assist local and state governments with disaster response and recovery as well as rebuilding efforts by authorizing FEMA’s provision of physical and monetary support to affected communities.

There have been recent amendments to the Stafford Act under §203 and §204 to include “pre-disaster hazard mitigation measures that are cost-effective and designed to reduce injuries, loss of life, and damage and destruction of property.” 

FEMA replaced its original “Pre-Disaster Mitigation Program” in favor of the Building Resilient Infrastructure and Communities Program (BRIC) under §1234 of the Disaster Recovery Reform Act [7]. BRIC is funded through reserving up to 6% of the Disaster Relief Fund which is the primary source of funding for federal disaster relief [8].

BRIC is an application based grant system where US states, territories, and federally recognized indigenous tribes can receive up to 90% of the cost to strengthen their communities’ defense against climate change-intensified weather. 

One success story made possible by BRIC is in the small incorporated town of Freedom Hill now known as Princeville, NC. 

Situated on the Tar River, Princeville has historically been a site for hurricanes with recent cyclones like Hurricane Matthew wiping out over 57% of their homes [9][10].

Through community partnership, forged at “the speed of trust,” Princeville’s infrastructure was able to be rebuilt in order to withstand hurricanes [10]. This included not only elevating pre-existing structures, but also holding community workshops for public growth and focusing on self-reliance through economic growth [9].

While BRIC is certainly a step in the right direction, there are key areas where BRIC falls flat. The main problems are that BRIC has an overly complex and unknown application process for many communities and is still reactionary in response.

Although Princeville, NC is a small town success story for BRIC, many similar small towns, often people of color, find it difficult to secure the grant aid. Due to extensive red tape in its lengthy, resource-intensive application process, towns with small populations and less robust local governments must consider these pitfalls when applying.

This is primarily due to BRIC requiring local governments to fund-match, a particularly impossible requirement for small, historically underserved communities. Local government price-share contribution is typically 25% of the total cost of hazard mitigation [8].

While BRIC does offer special price shares for Economically Disadvantaged Rural Communities (EDRCs), reducing the price-share down to 10% for local governments, this is still, oftentimes, too expensive. 

Furthermore, the program has been criticized for prioritizing larger development projects, placing climate adaptation and green infrastructure on the back burner, and not appropriately factoring in climate data into its resilience plans.

FEMA has long been criticized for being reactionary by leaning too much on traditional disaster models of response and recovery and not preemptive loss prevention. 

This leads to a never-ending cycle of repeated construction, destruction, rebuilding, and money down the drain.

There are two channels through which BRIC can improve. This first is relatively easy. Increase visibility and outreach.

It is paramount to meet the community impacted. This can be achieved through  community educational outreach and application assistance visibility. By ensuring community leaders are aware of FEMA provided application templates and technical help, we can increase visibility of BRIC and simplify the application process. 

Although all of these are currently being implemented to some degree, the level of assistance that FEMA provides for the BRIC application is highly variable and confusing for many.

In an article published by the National Resources Defense Council (NDRC), it was stated that “results suggest that the lowest-capacity localities are less likely to even apply for funding, meaning they will have no chance of receiving grants.” Further, “[H]igher-capacity jurisdictions are over-represented among both the programs’ selected projects and the application pool as a whole” [11].

Already well-funded areas like Orange County receive the bulk of BRIC funding [11]. 

It seems as though the Building Resilient Infrastructure and Communities Program is a bit of a misnomer. 

Currently, there are not any standardized guidelines on how to best incorporate climate science into proposals. This is a major void. FEMA’s general risk assessments only scratch the surface.

Another way to incorporate climate science into this process is to conduct targeted workshops that include members of affected communities in order to discuss the best climate repositories to use. 

Even though BRIC and FEMA represent a positive step in the right direction to enhance our community’s resilience against increasingly intense weather events, significant gaps are apparent — specifically regarding equity with EDRCs and climate science incorporation. There is a need to expedite the lengthy application processes, address funding inequities, and create more robust community outreach and education regarding this program in order to reach the most people.

It is important to acknowledge that BRIC has only been in effect for four years and is still finding its stride. With thoroughly planned, evidence-based amendments, we can ensure that BRIC reaches all who need it. This new legislative action will make great bounds in achieving a more sustainable and resilient future. Through this, communities could not only withstand the storms of today, but thrive in the storms of tomorrow.

The opinions and views expressed in this publication are the opinions of the designated authors and do not reflect the opinions or views of the Penn Undergraduate Law Journal, our staff, or our clients.

Works Cited

[1] Staff, Nbc10. “1 Year Later: Looking Back at Damage Left by Ida in Philadelphia Region.” NBC10 Philadelphia, September 2, 2022. https://www.nbcphiladelphia.com/weather/stories-weather/1-year-later-ida-philly-region/3351115/. 
[2] USA Today. “Beyond Helene: Hurricane Death Toll Tops 300 Lives, With Month Left in Season.” USA TODAY, October 15, 2024. https://www.usatoday.com/story/news/weather/2024/10/15/hurricane-deaths-2024-helene-milton-atlantic-season/75678995007/.
[3] National Oceanic and Atmospheric Administration Office for Coastal Management. “Hurricane Costs,” n.d. https://coast.noaa.gov/states/fast-facts/hurricane-costs.html#:~:text=Of%20the%20363%20billion%2Ddollar,of%20deaths%3A%206%2C890%20since%201980.
[4]  Geophysical Fluid Dynamics Laboratory, “Global Warming and Hurricanes” n.d. https://www.gfdl.noaa.gov/global-warming-and-hurricanes/#:~:text=According%20to%20the%20IPCC%20AR6,attribution%20studies%20and%20physical%20understanding.
[5] Fox-Kemper, B., H. T. Hewitt, C. Xiao, G. Aðalgeirsdóttir, S. S. Drijfhout, T. L. Edwards, N. R. Golledge, M. Hemer, R. E. Kopp, G. Krinner, A. Mix, D. Notz, S. Nowicki, I. S. Nurhati, L. Ruiz, J.-B. Sallée, A. B. A. Slangen, and Y. Yu. "Ocean, Cryosphere and Sea Level Change." In Climate Change 2021: The Physical Science Basis, edited by V. Masson-Delmotte, P. Zhai, A. Pirani, S. L. Connors, C. Péan, S. Berger, N. Caud, Y. Chen, L. Goldfarb, M. I. Gomis, M. Huang, K. Leitzell, E. Lonnoy, J. B. R. Matthews, T. K. Maycock, T. Waterfield, O. Yelekçi, R. Yu, and B. Zhou, 1211–1362. Cambridge University Press, 2021. https://doi.org/10.1017/9781009157896.011.
[6] Robert T. Stafford Disaster Relief and Emergency Assistance Act, Pub. L. No. 100-707, 102 Stat. 4691 (1988).
[7] Disaster Recovery Reform Act of 2018. In Federal Aviation Administration Reauthorization Act of 2018, Pub. L. No. 115-254, 132 Stat. 3186 (2018).
[8] Federal Emergency Management Agency. “Mitigation Assistance: Building Resilient Infrastructure and Communities.” FEMA POLICY FP-104-008-05, 2021. https://www.fema.gov/sites/default/files/documents/fema_bric-policy-fp-008-05_program_policy.pdf. 
[9] Coastal Resilience Center of Excellence. “Hurricane Matthew Recovery - Princeville - Coastal Resilience Center.” Coastal Resilience Center, April 14, 2020. https://coastalresiliencecenter.unc.edu/crc-projects/hurricane-matthew-recovery/hurricane-matthew-recovery-engagement/hurricane-matthew-recovery-princeville/. 
[10] U.S. Census Bureau. “Explore Census Data,” n.d. https://data.census.gov/profile/Princeville_town,_North_Carolina?g=160XX00US3753840. 
[11]  NRDC. “The BRIC Wall: Capacity Gaps Put FEMA Grants Out of Reach,” March 9, 2023. https://www.nrdc.org/bio/anna-weber/bric-wall-capacity-gaps-put-fema-grants-out-reach. 
0 Comments

Your comment will be posted after it is approved.


Leave a Reply.


    Categories

    All
    Aaron Tsui
    Akshita Tiwary
    Alana Bess
    Alana Mattei
    Albert Manfredi
    Alexander Saeedy
    Alexandra Aaron
    Alexandra Kanan
    Alexandra Kerrigan
    Alice Giannini
    Alicia Augustin
    Alicia Kysar
    Ally Kalishman
    Ally Margolis
    Alya Abbassian
    Amanda Damayanti
    Anika Prakash
    Anna Schwartz
    Arshiya Pant
    Ashley Kim
    Astha Pandey
    Audrey Pan
    Benjamin Ng'aru
    Brónach Rafferty
    Bryce Klehm
    Cary Holley
    Catherine Tang
    Christina Gunzenhauser
    Christine Mitchell
    Christopher Brown
    Clarissa Alvarez
    Cole Borlee
    Connor Gallagher
    Dan Spinelli
    Dan Zhang
    David Katz
    Davis Berlind
    Derek Willie
    Dhilan Lavu
    Edgar Palomino
    Edna Simbi
    Ella Jewell
    Ella Sohn
    Emma Davies
    Esther Lee
    Evelyn Bond
    Filzah Belal
    Frank Geng
    Gabrielle Cohen
    Gabriel Maliha
    Georgia Ray
    Graham Reynolds
    Habib Olapade
    Hailie Goldsmith
    Haley Son
    Hannah Steinberg
    Harshit Rai
    Hennessis Umacta
    Henry Lininger
    Hetal Doshi
    Ingrid Holmquist
    Iris Zhang
    Irtaza Ali
    Isabela Baghdady
    Ishita Chakrabarty
    Jack Burgess
    Jessica "Lulu" Lipman
    Joe Anderson
    Jonathan Lahdo
    Jonathan Stahl
    Joseph Squillaro
    Justin Yang
    Kaitlyn Rentala
    Kanishka Bhukya
    Katie Kaufman
    Kelly Liang
    Keshav Sharma
    Ketaki Gujar
    Khlood Awan
    Lauren Pak
    Lavi Ben Dor
    Libby Rozbruch
    Lindsey Li
    Luis Bravo
    Lyan Casamalhuapa
    Lyndsey Reeve
    Madeline Decker
    Maja Cvjetanovic
    Maliha Farrooz
    Marco DiLeonardo
    Margaret Lu
    Matthew Caulfield
    Michael Keshmiri
    Michael Merolla
    Mina Nur Basmaci
    Muskan Mumtaz
    Natalie Peelish
    Natasha Darlington
    Natasha Kang
    Nathan Liu
    Nayeon Kim
    Nicholas Parsons
    Nicholas Williams
    Nicole Greenstein
    Nicole Patel
    Nihal Sahu
    Omar Khoury
    Owen Voutsinas Klose
    Owen Voutsinas-Klose
    Paula Vekker
    Pheby Liu
    Pragat Patel
    Rachel Bina
    Rachel Gu
    Rachel Pomerantz
    Rebecca Heilweil
    Regina Salmons
    Sajan Srivastava
    Samantha Graines
    Sandeep Suresh
    Sanjay Dureseti
    Sarah Simon
    Saranya Das Sharma
    Saranya Sharma
    Sasha Bryski
    Saxon Bryant
    Sean Foley
    Sebastian Bates
    Serena Camici
    Shahana Banerjee
    Shannon Alvino
    Shiven Sharma
    Siddarth Sethi
    Sneha Parthasarathy
    Sneha Sharma
    Sophie Lovering
    Steven Jacobson
    Suaida Firoze
    Suprateek Neogi
    Takane Shoji
    Tanner Bowen
    Taryn MacKinney
    Thomas Cribbins
    Todd Costa
    Tyler Larkworthy
    Tyler Ringhofer
    Vatsal Patel
    Vikram Balasubramanian
    Vishwajeet Deshmukh
    Wajeeha Ahmad
    Yeonhwa Lee

    Archives

    April 2025
    March 2025
    February 2025
    January 2025
    December 2024
    November 2024
    September 2024
    May 2024
    April 2024
    January 2024
    December 2023
    November 2023
    May 2023
    March 2023
    January 2023
    December 2022
    November 2022
    September 2022
    June 2022
    March 2022
    February 2022
    January 2022
    December 2021
    November 2021
    May 2021
    April 2021
    March 2021
    February 2021
    January 2021
    December 2020
    November 2020
    October 2020
    July 2020
    June 2020
    May 2020
    April 2020
    March 2020
    February 2020
    December 2019
    November 2019
    October 2019
    September 2019
    August 2019
    July 2019
    May 2019
    April 2019
    March 2019
    January 2019
    December 2018
    November 2018
    October 2018
    September 2018
    August 2018
    July 2018
    June 2018
    May 2018
    April 2018
    March 2018
    February 2018
    December 2017
    November 2017
    October 2017
    August 2017
    July 2017
    May 2017
    April 2017
    March 2017
    February 2017
    January 2017
    December 2016
    November 2016
    October 2016
    September 2016
    August 2016
    July 2016
    June 2016
    April 2016
    March 2016
    February 2016
    December 2015
    November 2015
    October 2015
    September 2015
    August 2015
    July 2015
    June 2015
    May 2015
    April 2015
    March 2015
    February 2015
    November 2014
    October 2014
    August 2014
    July 2014
    June 2014
    May 2014
    April 2014
    March 2014
    December 2013
    November 2013
    October 2013
    September 2013

Powered by Create your own unique website with customizable templates.