Climate Change Attorney Blog

The New York State Department of Environmental Conservation (DEC) has created an Office of Climate Change which has as its purpose developing “responses needed for significant emissions reductions.” In addition to working on the Regional Greenhouse Gas Initiative (RGGHI) a ten state cap and trade program to reduce CO2 emissions, the office is developing regulatory programs including integrating a climate change element into government decision making.

Silverberg Zalantis LLP has recently contributed to this discussion in an article published in the New York Law Journal. The article entitled “Ultimate Challenge to SEQRA” discusses the use of New York’s SEQRA regulations to address climate change issues during the environmental review process for new projects. In addition, it is our understanding that the Office of Climate Change is looking at possible modifications to the SEQRA regulations in order to implement a more standardized review of GHGs and related issues during the review process.

The Office of Climate Change is also reviewing a wide range of related topics including the need for adaptation techniques and new technologies such as biofuels and carbon capture and storage. No doubt this office will be an important resource to the State of New York in addressing climate change issues going forward.

Earlier this year the New York City Department of Environmental Protection (DEP) issued a “Climate Change Program Assessment and Action Plan”. The DEP provides management of the drinking water, drainage and waste water for the City of New York. The DEP describes the Plan in a report which “summarizes this substantial process of analysis and action and outlines a comprehensive adaptation strategy for DEP as it prepares for a warmer and more volatile future.”

The report notes an expected increase in average annual temperature in New York City and its watershed area of 7.5% to 10% and an increase in sea level of 15.7 to 17.7 inches by the 2080s with increased frequency of extreme weather events. The Plan addresses action to be taken to protect the City’s drinking water and waste water systems. In addition, to various activities to monitor and prepare for the effects of storms and sea level changes the Plan proposes certain proactive activities. The DEP will be leading the City’s actions to reduce the production of greenhouse gases (GHGs) by the City government with an announced goal of a reduction to 30% below 2006 emission levels by 2017.

One of the interesting aspects of the movement to address greenhouse gas (GHG) emissions is the many layers of government that are getting involved in how to curb global warming and confront the problems of climate change. In October, 2008 Sonoma County California issued its Community Climate Action Plan. The detailed and ambitious plan notes: “(e)very historic change is preceded by a massive collection of individual actions. Because we cannot foresee how change will occur, each action is critical.”

The multi-faceted plan seeks to achieve the previously announced goal of the county and all of the nine cities in the county to reduce GHG emissions to 25 percent below 1990 levels by 2015. The four categories of action include: (1) investment in energy and water efficiency to reduce demand, (2) smart transit and land use by shifting to electric vehicles, walking and bicycling from fossil fuel vehicles, (3) invest in renewable energy resources and jobs and (4) protect forests and farmland and convert waste into energy in order to “conserve and capture.”

Some of the details of the plan demonstrate the need for an extraordinary level of legislative and financial commitment, which if successful may serve as a model for many communities. Among the proposals are to retrofit 80 percent of the buildings in the county to make them more energy efficient, strengthening land use regulations to encourage transit oriented mixed use development and creating incentives for small scale solar, wind and hydro power installations.

While some of the proposals are particular to the climate and current land uses in the county, other proposals are similar to or the same as actions being taken by other communities. However, the scope and detail of the plan are impressive and can certainly provide some guidance to other communities looking for ways to begin addressing these issues.

The attorneys at Silverberg Zalantis LLP believe that global warming and the resulting climate change will be one of, if not the most, important issue to confront us all for the balance of the 21st century. Climate change has and will continue to have social and economic impacts that will determine where we live, how we live and the conditions of everyday life. The laws, regulations and treaties that are implemented, or that we fail to implement, to address climate change issues over the next two decades will chart the political and economic course of this country and the rest of the world for the balance of the century.

As attorneys involved in environmental law and real estate development we know that laws and lawyers can play an important role in the events that shape our collective response to climate change. It is our goal to use this Blog to provide information to other lawyers and the general public about the legislative and regulatory responses to climate change issues developed throughout the country. The more information we have and can share, the more likely it is that we can collectively develop a response to the causes and effects of global warming that is timely and effective. We do not intend to Blog on any set schedule but rather to provide information as it becomes available.

We sincerely hope that the information we provide on this Blog will be useful to those who take the time to read it. If you become aware of any new initiatives that may be of interest to our readers please send an e-mail to silverberg@szlawfirm.net.

-Steven Silverberg and Katherine Zalantis