Assessing the Impacts of Climate Change on the Built Environment: A Framework for Environmental Reviews

• Date: 01 November 2015

11-2015 NEWS & ANALYSIS 45 ELR 11015

A R T I C L E S

Assessing the

Impacts of

Climate Change

on the Built

Environment:

A Framework for

Environmental

Reviews

by Jessica Wentz

Jessica Wentz is an Associate Director and

Postdoctoral Fellow at Columbia Law School’s

Sabin Center for Climate Change Law.



Federal agencies are beginning to incorporate descrip-

tions of climate change impacts into environmental

reviews for buildings and infrastructure, but there is no

consistent methodology for evaluating these impacts

and mitigating any foreseeable risks to the project

or a ected environment. is Article asserts that an

assessment of climate-related risks and adaptation

options falls within the scope of considerations that

should be addressed under the National Environmen-

tal Policy Act and similar laws. It concludes with a set

of recommended protocols for identifying the impacts

of climate change on projects and their aected envi-

ronment, evaluating physical and environmental risks,

and selecting appropriate mitigation measures.

I. Introduction

Sea-level rise, heavy downpours, extreme heat, and other

climate-related phenomena are already damaging build-

ings and infrastructure, and these damages are projected

to increase with continued climate change. e potential

impacts of climate change should therefore be considered

in the location and design of major infrastructure projects.

is Article recommends that existing procedures for envi-

ronmental impact assessment (EIA) can and should be used

to evaluate climate-related risks and adaptation options for

such projects. Such an approach would be more pragmatic

than developing a separate platform for conducting climate

risk a nd vulnerability assessments, and is consistent with

the legal requirements of the National Environmental Pol-

icy Act (NEPA)1 and simila r statutes. Ma ny federal agen-

cies have already begun to consider climate change impacts

in their environmental reviews, but there is no consistent

methodology for evaluating such impacts and mitigating

any risks to the project or aected environment. e Arti-

cle oers a set of model protocols for assessing the impact

of climate change on infrastructure projects and selecting

appropriate risk mitigation measures.

Recognizing the implications of climate change on the

construction, maintenance, a nd operation of buildings

and infrastructure, the Barack Obama Administration has

issued several executive orders directing federal agencies to

prepare for the impacts of climate change on federal opera-

tions and facilities.2 e Council on Environmental Qual-

ity (CEQ) has also issued draf t guidance directing federal

agencies to account for these impacts when conducting

environmental reviews under NEPA.3

e EI A process prov ides a usef ul framework for

addressing the risks of climate change in the context

1. 42 U.S.C. §§4321-4370f, ELR S. NEPA §§2-209.

2. Exec. Order No. 13693: Planning for Federal Sustainability in the Next

Decade (2015); Exec. Order No. 13690: Establishing a Federal Flood Risk

Management Standard and a Process for Further Soliciting and Consider-

ing Stakeholder Input (2015); Exec. Order No. 13677: Climate-Resilient

International Development (2014); Exec. Order No. 13653: Preparing the

United States for the Impacts of Climate Change (2013); e President’s

Climate Action Plan (2013); Exec. Order No. 13547: Stewardship of the

Ocean, Our Coasts, and the Great Lakes (2010).

3. Council on Envtl. Quality (CEQ), Revised Draft Guidance for Federal De-

partments and Agencies on Consideration of Greenhouse Gas Emissions

and the Eects of Climate Change in NEPA Reviews, 79 Fed. Reg. 77802

(proposed Dec. 24, 2014) [hereinafter CEQ 2014 Draft Guidance].



       J W,

A  I  C C   B E

 U NEPA  S EIA L: A S  C

P  R  M P (2015),

available at http://web.law.columbia.edu/climate-change/resources/

nepa-and-state-nepa-eis-resource-center/model-eia-protocols.

Copyright © 2015 Environmental Law Institute®, Washington, DC. Reprinted with permission from ELR®, http://www.eli.org, 1-800-433-5120.

45 ELR 11016 ENVIRONMENTAL LAW REPORTER 11-2015

of specic projects.4  rough EIA, decisionmakers can

assess the potential impac ts of climate cha nge on a pro-

posed project and the surrounding environment before

the project is implemented, thus al lowing the decision-

maker to modify design features, develop alternat ives,

or adopt other measures to m itigate climate-related

risks. e publication of E IA documents also provides

a collaborative mechanism through which agencies and

other stak eholders can lea rn about the impacts of climate

change and make recommendations on appropriate adap-

tation and resilience measures.

Federal agencies have begun to incorporate climate-

related considerations into their NEPA review processes,

and have taken t he rst steps toward addressing the

impacts of climate change on proposed federal projects.

However, the scope and depth of this analysis vary sub-

stantially across dierent agencies and projects, and it is

still very rare for an agency to conduct an in-depth a ssess-

ment of how climate change may impact a project and its

surrounding environment.

CEQ’s latest draft guidance directs agencies to consider

the built environment during NEPA reviews by incorpo-

rating climate change projections into their assessments

of baseline environmental conditions and environmental

impacts from proposed actions. However, the draft guid-

ance does not contain detailed instructions on how agen-

cies should conduct this a nalysis. More specic guidelines

or protocols would help to promote consistency in agency

practice and ensure that federal agencies a re adequately

accounting for the impacts of climate cha nge when con-

ducting these assessments. To ll t he gap, Columbia

University’s Sabin Center for Climate Change Law has

developed a set of model protocols for assessing the impacts

of climate change on the built environment under NEPA

and state EIA laws. is Article summarizes the empirical

and lega l research underpinning the project and presents

suggested model protocols.

4. Many commentators have endorsed the utilization of EIA to assess the im-

pacts of climate change on proposed projects. , Teresa Parejo Nava-

jas,   



 (Columbia Public Law Research Paper No.

14-445, 2015); Sean Capstick et al., Incorporating Climate Change Impacts

Into Environmental Assessments (Conference of Internat’l Ass’n for Impact

Assessment, 2014); Michael B. Gerrard, Reverse Environmental Impact Anal-

  , 45 N.Y. LJ. 247 (2012); Shardul

Agrawala et al., Organization for Econ. Coop. & Dev. (OECD), Incorporat-

ing Climate Change Impacts and Adaptation in Environmental Impact Assess-

 (OECD Environmental Working Paper

No. 24, 2010) [hereinafter OECD Working Paper No. 24]; E

C’, W P  A  C C: T

 E F  A 13 (2009); I-A D.

B, D R M P G (2008); CARI-

COM, G   I  C C A

I  E I A (EIA) P (2004);

CBD & CARICOM, S   I  N

H I  E I A (EIA) P

(2004).

II. Climate Change and the Built

Environment

Climate change will have far-reaching impacts on build-

ings and infrastructure. e risks posed by climate change

in t his context are threefold. Climate-related phenomena

such as ooding and heat waves can directly impair the

performance and longevity of buildings and infrastructure.

ese phenomena can also alter the nature and magnitude

of environmental impacts associated with a particular

project, such as surface runo and releases of hazardous

substances. Finally, climate change can increase t he vul-

nerability of t he surrounding environment (human and

natural) to the environmental impacts of a project. For

example, prolonged drought can make aquatic ecosystems

more vulnerable to water withdrawals or discharges from a

project. Local changes in climate and ecosystem function-

ing can also make certain species more vulnerable to any

disruptive impacts caused by a building project.

e ird National Climate A ssessment, published by

the U.S. Global Change Research Program (USGCRP)

in 2014, described the observed and predicted impacts of

climate change on dierent sectors of the U.S. economy.

One key nding from the report was that climate change

is already aecting much of our nation’s infrastructure.

USGCRP summarized t he observed impacts as follows:

Sea level rise, storm surge, and heavy downpours, in com-

bination with the pattern of continued development in

coastal areas, are i ncreasing damage to U.S. infrastruc-

ture including roads, buildings, a nd industrial facilities,

and are a lso increasing risks to por ts and coastal mi litary

installations. Flooding along rivers, lakes, and in cities

following heavy downpours, prolonged r ains, and rapid

melting of snowpack is exceeding the limits of ood pro-

tection infrastructure designed for historical conditions.

Extreme heat is damaging transportation infrastruct ure

such as roads, rail li nes, and air port runways.5

Based on current greenhouse gas emissions trajectories,

it is extremely likely that the scope and severity of these

impacts will increase in the coming decades.

III. Rationale and Legal Context for

Addressing Climate Change Impacts in

EIA

Some concerns have been raised about the feasibility of

integrating climate change projections into EIA , given the

inherent uncertainty about these projections and the di-

culty of downscaling climate models for regional and local

impact assessments. But agencies a nd EIA consultants

frequently confront uncerta inty during environmental

reviews, and there are methodologies that can be employed

to conduct meaningf ul assessments in the context of sig-

5. U.S. G C R P (USGCRP), C C

I   U S: T T N C A-

 13 (2014).

Copyright © 2015 Environmental Law Institute®, Washington, DC. Reprinted with permission from ELR®, http://www.eli.org, 1-800-433-5120.