Integrating Climate Change Resilience Into HUD's Disaster Recovery Program

• Date: 01 April 2016

46 ELR 10282 ENVIRONMENTAL LAW REPORTER 4-2016

A

changi ng climate mea ns that storms, oods, wild-

res, and even coastlines cannot be e xpected to

adhere to historic al pattern s.1 Pursuant to lan-

guage in existing legislation, new legislation, a nd recent

executive orders, federal agencies responsible for risk

management and disaster recovery have begun givi ng

priority to this fact. e U.S. Department of Housing

and Urban Deve lopment (HUD) is among t hose agen-

cies, but HU D ha s just one foot i n the boat—t he other

foot is still on the dock.

at is, HUD currently only integrates climate change

resilience considerations into its approval of projects seeking

Community Development Block Grant Disaster Recovery

(CDBG-DR) funds insofar as it has sometimes voiced clear

support for a “build back better” approach.2 But HUD’s

statutory authority enables it to more denitively and sys-

temically support projects aimed at improving resilience

and adapting to climate change. Such projects would be

oriented toward reducing the disaster risks associated with

increasingly severe a nd frequent extreme events brought

about by climate change, as much as past disasters.

1. U.S. G C C R P , N C

A 38-45 (2014). Key terms used in this Comment include “cli-

mate change mitigation,” “adaptation,” “resilience,” a nd “hazard mitiga-

tion.” Climate change mi tigation refers to eorts to stem or eliminate t he

anthropogenic greenhouse gas emissions responsible for climate change.

Adaptation refers to eorts to modify existing structures, plans, and sys-

tems in response to the results of a changing climate—accommodatin g

shifting shorelines is an obvious a nd important example. Resilience refers

to the abili ty to recover quickly and fully from adverse climate-related

events, such as severe storms or oods. Adaptation and resilien ce overlap

but a re distinct. Finally, hazard mitigation refers to eorts to anticipate

future adverse weather events and to adjust in ways that redu ce or mitigate

the likely impacts of those events. Its usage predates common usag e of the

term climate change mitigation.

2. See, e.g., Press Release, Hurricane Sandy Rebuilding Task Force, Statements

of Representatives From Non-Prots, Academic Institutions and Commu-

nity Groups From Around the Region and the Country on the Hurricane

Sandy Rebuilding Strategy (Aug. 19, 2013), http://1.usa.gov/1KZXaPn;

Press Release, HUD, [Secretary] Donovan Joins State and Local Leaders to

Formally Open Marrero Commons on the Site of the Former B.W. Cooper

(May 4, 2012), http://1.usa.gov/1XTnyDF (“Today we make good on a

promise the Obama Administration made to the residents of this great city

[New Orleans]: to build back better and stronger.”).

C O M M E N T S

Integrating Climate Change

Resilience Into HUD’s Disaster

Recovery Program

by Justin Gundlach and Channing Jones

Justin Gundlach is a post-doctoral Climate Law Fellow and Channing Jones is a Research

Assistant, both at Columbia Law School Sabin Center for Climate Change Law.

HUD’s somewhat ambivalent current approach unnec-

essarily and unreasonably limits opportunities to make

housing and infrastructure assets resilient in the face of

disaster- and climate-related risks. HUD should clarify

that approach—indeed, the formation of the HUD Cli-

mate Council announced in October 2015 seems designed

to do t hat and more.3 is Comment argues for carrying

this potential reconciliation forward into future disaster

recovery contexts and also into other HUD programs that

relate in less obvious ways to disaster recovery a nd resil-

ience to climate change, and proposes several ways t he

agency might do so.

I. Relevant Statutes, Regulations,

Guidance, and Executive Orders

HUD’s role in disa ster recovery is prescribed generally by

two statutes, the Housing and Community Development

Act of 1974, as amended (HCD Act),4 and the Robert T.

Staord Disaster Relief and Emergency Assistance Act of

1988 (Staord Act).5 In addition, the U.S. Congress fur-

ther prescribes HUD’s role in a given disaster through

disaster-specic appropriations legislation.6 As described

below, HUD’s role chiey involves ensuring access to hous-

ing for people eligible for federal housing a ssistance, and

obligating CDBG-DR funds for eligible projects to restore

buildings and infrastructure in a declared disaster area.

3. Julián Castro, HUD Secretary, “HUD’s Climate Council Is Answering @

POTUS’ call to #ActOnClimate, leading on resiliency and green energy

solutions,” T (Oct. 27, 2015).

4. Pub. L. No. 93-383, 88 Stat. 633 (1974).

5. Pub. L. No. 100-707, 102 Stat. 4689 (1988).

6. See, e.g., Disaster Relief Appropriations Act of 2013, Pub. L. No. 113-2, 127

Stat. 4 (Jan. 29, 2013); U.S. Department of Defense, Emergency Supple-

mental Appropriations to Address Hurricanes in the Gulf of Mexico, and

Pandemic Inuenza Act, Pub. L. No. 109-148, 119 Stat. 2680 (Dec. 30,

2005).

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