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Disasters & the Law

UC Berkeley School of Law

4 entriesexpand all

+Mason, Byron, National Research Council, Law, Science & Disaster: Summary of the October 18, 2005 Workshop of the Disasters Roundtable (National Academies Press) (2006)

"The Disasters Roundtable convened its 15th workshop on Law, Science, and Disaster on October 18, 2005. It is recognized that science and technology can provide part of the basis for more effective hazard-related laws and regulations, including zoning laws, building codes, and hazard disclosure requirements. It is also clear that issues unrelated to science and technology also drive the development of hazard and disaster law. This workshop examined recent developments and trends in hazard and disaster law and its implementation, and drew on the September 11, 2001 experience to discuss the related issue of victim compensation."—Summary.

+Platt, Rutherford H., Learning From Disasters: The Synergy of Law and Geography (Environmental Law Reporter, Volume 38, Issue 3, Page 10150) (March 2008) (PDF — 403K)

"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.

+Schwab, Anna K. & David J. Brower, Increasing Resilience to Natural Hazards: Obstacles and Opportunities for Local Governments Under the Disaster Mitigation Act of 2000 (Environmental Law Reporter, Volume 38, Issue 3, Page 10171) (March 2008) (PDF — 463K)

"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.

+United States Environmental Protection Agency (EPA), Treatment of Data Influenced by Exceptional Events (40 CFR Parts 50 and 51, Final Rule) Federal Register, v.72, no.55, pp. 13560-13581 (March 22, 2007)

Final rule published by the EPA on March 22, 2007, which excuses violations of air quality standards for major air pollutants that are due to "exceptional events," including natural events, such as hurricanes and other natural disasters.