BerkeleyLaw Library

"The argument against crafting federal regulations for problems stemming from development in disaster-prone areas (nation-on-edge problems) assumes that these types of problems are essentially local problems requiring unique local solutions. In this Article, Jeffrey G. Miller challenges this assumption, reasoning that a flexible framework of federal regulations would indeed be effective at remedying these problems. He suggests that such a framework could be modeled after the Clean Water Act's (CWA's) point source pollution control regime. A permitting system similar to that set out in the CWA would promote best management practices while still allowing local entities the freedom to determine which particular practices are most effective for them. He recommends that we reexamine our conception of federalism before abandoning hope of federal solutions to nation-on-edge problems." —Executive Summary.

"The Corps' decisions to acquire the 34 hydraulic pumping systems were focused on satisfying its commitment to have pumping capacity on the drainage canals in place by June 1, 2006—the start of the 2006 hurricane season. In order to increase the likelihood that pumping capacity would be in place when needed, the Corps utilized several tools to expedite and streamline the acquisition process. The Corps appears to have had a valid reason for each of the iterative decisions it made at each stage of the procurement process. The cumulative effect of these decisions resulted in one supplier—Moving Water Industries Corporation—being in the strongest competitive position to receive the contract for the pumping systems."—Summary.

"America builds on the edge of disaster prone areas: on moveable barrier islands, fragile coastal ecosystems, shorelines subject to inundation, and next to flammable forests. Ferocious storm events focus local and national attention in the tragic moment and during short-term recovery efforts; then, too often, we return to business as usual, continuing to build and rebuild on the edge. 'Losing Ground' provides effective perspectives and prescriptions for longer-term disaster mitigation planning and action. Authors from a variety of disciplines (including law, history, geography, environmental science, and urban planning) review past policies and practices, the lessons learned from previous disasters, current approaches to disaster planning and recovery, an assessment of the proper roles and responsibilities of various levels of government in the federal system, new legal and technological tools, and a review of innovations in disaster mitigation.

"Oliver A. Houck, a renowned professor of law from Tulane University, provides a preface from the perspective of a post-Katrina New Orleans: 'Perhaps, the most striking aspect of the post-Katrina Gulf Coast, from Alabama to Texas, is the rush to rebuild in exactly the same places, a few feet back, a few feet higher, more high priced investment than ever before. Two lane bridges are replaced by six lane bridges. Modest beach homes are replaced by condominiums. The hurricane has led to a construction boom. As the Gross National Product measures these things, the hurricanes were a huge success. What is wrong with this picture?.' "—Publisher's Description.

"Historically, regulatory approaches to natural disaster mitigation have been created in the aftermath of specific disasters. For instance, the world's first city building code was created in the wake of the Great Fire of London, and the U.S. Congress enacted flood control rules for the Lower Mississippi after the Great Mississippi River Flood of 1927. In this Article, Rutherford H. Platt discusses how natural disasters have informed society's understanding of natural resource management and land use planning over the last several centuries. He examines the evolution of single use policies into multiple use management, deconstructs federal disaster policies, and advocates for ecological cities. He concludes with a reminder to address natural disaster mitigation—indeed, all of modern urban planning—with comprehensive policies addressing the full range of urban needs."—Editors' Summary.

"The traditional link between disaster mitigation and local land use planning was highlighted by the Disaster Mitigation Act (DMA) of 2000, which emphasizes the need for mitigation coordination among state and local entities. In this Article, Patricia E. Salkin looks at the role of local governments in natural disaster mitigation, specifically, how local governments may use traditional land use powers, such as the police power, to protect against disasters. She cites DMA provisions that offer financial incentives to states that work with local governments to plan for growth and disasters; she also sets forth case studies to illustrate how states can create vertical links among federal, state, and local entities to coordinate disaster mitigation strategies."—Editors' Summary.

This report "analyzes how Gulf Coast roads and highways, transit services, oil and gas pipelines, freight handling ports, transcontinental railroad networks, waterway systems, and airports are likely to be harmed by heat waves, extreme precipitation events, sea level rise, increased hurricane intensity, and storm surge damage associated with climate change. The report outlines why changes must be incorporated in transportation planning now in order to avoid serious future problems."—Docuticker Summary

"The term natural disaster is a misnomer. As Anna K. Schwab and David J. Brower note in this Article, disasters do not occur naturally, they occur only where humans have placed themselves in the way of natural hazard events. Therefore, decisions about the way human environments are initially constructed can mitigate the effects of natural hazard events. They distinguish between resistance and resilience, explaining that attempts to resist forces of nature by trying to contain or control nature itself have largely been unsuccessful. By contrast, resilience efforts, such as hazard avoidance, environmental preservation, and education and outreach, reduce vulnerability to natural hazard events. The authors explain a range of resilience techniques and discuss hazard mitigation planning under the Disaster Mitigation Act of 2000."—Executive Summary.

"The International Strategy for Disaster Reduction (ISDR) welcomes this report as a concrete response to its call for work to promote understanding that: protection of vital ecosystem services is fundamental to reducing vulnerability to disasters and strengthening community resilience.

"Although there is a growing recognition that natural habitats can help to mitigate disasters caused by vulnerability to hazards, we still have a great deal to learn about how to maximise the potential benefits and about what this means in terms of landscape-scale management approaches. Clear evidence linking habitat degradation to a series of so-called 'natural' disasters have added urgency to the need for further research and monitoring efforts. These problems are likely to increase as a result of the disturbance caused by climate change. Research shows that the poorest members of society consistently fare worst when disaster strikes.

"At the same time, natural ecosystems continue to be degraded at an alarming rate, so that in many countries we can no longer assume they exist in good enough condition to provide the environmental services upon which many people depend. In response, governments and local communities are setting aside and where necessary restoring natural habitats deliberately for their protective role. Although protected areas such as national parks and nature reserves are primarily designed to conserve biodiversity, most also supply important environmental services, including disaster mitigation. Whilst this is understood and acted upon by many protected area managers, it has never been systematically assessed and the current report makes a first attempt to provide a global overview.

"By focusing the case studies on major disasters in the new millennium, the authors have deliberately chosen a fairly narrow data set rather than choosing 'best case' examples. They have found cases where protected areas clearly play a major role in disaster mitigation and cases where the links are not so clear cut or where changes in management approaches within protected areas are needed. One clear result of this study is a need for specialists in disaster risk reduction, environmental management and protected areas to work together far more closely than they have in the past. There is already much that could be done through better collaboration to increase the role of natural habitats in disaster mitigation and these opportunities will continue to increase as we learn more. We call on both communities to develop talks and to take the necessary steps to ensure that natural safety measures are maintained and enhanced."—Foreword.

"Hurricane Katrina's disastrous flooding of the Gulf Coast confirmed three decades of warnings by scientists. Most of New Orleans is below sea level, and South Louisiana's coastal wetlands, which once helped buffer the city from giant storms, have been disappearing at a spectacularly swift pace. Now some researchers are calling for restoration of wetlands and barrier islands to help protect New Orleans the next time a hurricane strikes."

This report focuses on the environmental effects of natural disasters that occur on the U.S.-Mexico border.