President Barack
Obama’s speech on climate
change
may augur a new era of liability for carbon polluters with respect to
climate and weather damages. In his address at Georgetown University on
Tuesday, the president laid out the logic that ties greenhouse emissions
to economic costs being borne today:
Global warming influences all weather events: “in a world that’s
warmer than it used to be, all weather events are affected by a
warming planet”
There are economic costs from extreme weather: “Americans across
the country are already paying the price of inaction in insurance
premiums, state and local taxes, and the costs of rebuilding and
disaster relief”
Global warming is caused by human activity: “Ninety-seven percent
of scientists . . . have acknowledged the planet is warming and human
activity is contributing to it.”
Carbon pollution will continue to increase weather damages: “The
hard truth is carbon pollution has built up in our atmosphere for
decades now. And even if we Americans do our part, the planet will
slowly keep warming for some time to come. The seas will slowly keep
rising and storms will get more severe, based on the science.”
President Obama highlighted Superstorm Sandy as a specific example of a
multi-billion-dollar disaster exacerbated by carbon pollution, noting
“[t]he fact that sea level in New York, in New York Harbor, are now a
foot higher than a century ago—that didn’t cause Hurricane Sandy, but it
certainly contributed to the destruction that left large parts of
our mightiest city dark and underwater.”
The $51 billion Sandy federal relief
bill
was an emergency spending bill that was limited by the sequestration
cuts. A majority of Republicans called for pay-fors for the bill. No
attempt was made to derive funding from greenhouse emitters or
financiers—such as those who make up the wealthiest residents of the New
York City region.
Currently, disaster relief and flood and drought insurance programs are
treated as discretionary or emergency spending that goes against state
and federal budgets. No civil or criminal liability is assumed by
emitters of greenhouse gases. The president’s remarks may indicate a new
effort to have carbon-producing and financing industries bear the
responsibility for the societal costs of extreme weather, sea level
rise, and climatic disruptions.