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