1. Environmental Justice and Domestic Climate Policy Prof. Alice Kaswan University of San Francisco School of Law Symposium on “Advocating for an Environment of Equality: Legal and Ethical Duties in a Changing Climate” University of Oregon Law School September 11, 2009

2. Climate Change Policy Parameters Just greenhouse gas reductions? or Comprehensive restructuring?

3. The Climate Change Imperative: Dramatic Emissions Reductions Source: Pew Center on Global Climate Change (April 13, 2009)

4. The Climate Justice Perspective Comprehensive planning: Increase energy security Promote green technology development and climate justice: Environmental protection Economic protection and opportunities

5. Justifications for Incorporating Environmental Justice Intrinsic moral value Maximize social welfare Political advantages Van Jones: “Today the ‘clean-tech’ revolution and the transformation of our aging energy infrastructure are poised to become the next great engines for American innovation, productivity and job growth, and social equity.” Van Jones, The Green Collar Economy: How One Solution Can Fix Our Two Biggest Problems 180 (2008)

6. Overview Environmental Benefits and Risks Economic Risks and Benefits Politics Participation California’s Example

7. Protect Vulnerable Populations from Climate Change Impacts Heat Worsening air quality Flooding Flooding-related contamination

8. Maximize Social Welfare through Co-Pollutant Control Poor air quality in poor communities of color Significant public health consequences (and costs) Reducing the use of fossil fuels and maximizing co-pollutant reductions would create significant benefits that justify greater GHG-reduction costs

9. Environmental Co-Benefits: Fossil Fuels and Air Pollution Percentage of Major Co-Pollutants from Fossil Fuel Combustion Source: J. Andrew Hoerner & Nia Robinson, A Climate of Change: African Americans, Global Warming, and a Just Climate Policy for the U.S. 13 (2008).

10. Environmental Co-Benefits: California’s Estimates for 2020 Source: California Air Resources Board, Scoping Plan, Appendix H: Public Health Analysis H-36 (2008).

11. Policy Implications Promote renewable energy Limit the use of international and domestic offsets Target GHG reductions in the most polluted sectors or areas –Direct regulation –Trading limitations or incentives

12. Environmental Risks Incorporate co-pollutant and other environmental risks in determining the appropriate role for renewable energy alternatives: Waste and biomass combustion Diesel and Biofuels Nuclear energy Wind energy Wave energy

13. Economic Risks Economic implications of greening the grid: Less cheap coal More expensive alternative energy and higher energy costs? Unemployment in the fossil fuel industry

14. Economic Risks: Regressive Impact of Increasing Energy Costs Source: Terry Dinan, Congressional Budget Office, Testimony: The Distributional Consequences of a Cap-and-Trade Program for CO2 Emissions 5 (March 12, 2009)

15. Economic Risks: Climate Policy Implications Use auction/tax/stimulus revenue to: Invest in energy efficiency and alternative energy for low-income households Provide revolving loan fund for energy efficiency and alternative energy for low-income (and other) households Direct rebates to poorest consumers Provide skills training for workers in the fossil fuel industry

16. Economic Benefits: Maximize Social Welfare by Reducing Inequity Source: Alemayehu Bishaw and John Iceland, Census 2000 Brief, Poverty: 1999 8 (2003).

17. Economic Benefits: Renewable Energy and Employment Source: J. Andrew Hoerner & Nia Robinson, A Climate of Change: African Americans, Global Warming, and a Just Climate Policy for the U.S. 33 (2008)

18. Economic Benefits: Alternative Energy Development in Disadvantaged Areas Example: wind energy on tribal lands Key issues: tribal control and opportunities Winona LaDuke: “Alternative energy represents an amazing social and political reconstruction opportunity.” (Winona LaDuke, Local Energy, Local Power, Yes Magazine (Winter 2007)(emphasis added))

19. Economic Benefits: Urban Revitalization Energy Efficiency Retrofits Urban Solar and Wind Energy Development Waste Management Local Food Production

20. Economic Benefits: Climate Policy Implications Integrated economic and environmental development programs - Job training - Seed money - Project coordination and management - Federal/state/local roles?

21. The Politics of Integrating Environmental Justice Impediment? “Achieving greenhouse gas reductions will be hard enough! Integrating environmental and economic justice considerations will only further complicate an already uphill battle” Or a political opportunity?

22. The Value of a Comprehensive Approach: Social and Environmental Justice Deserve a Place Reality: climate change legislation will address many important political and economic concerns pushed by numerous interest groups Social and environmental justice concerns are likewise entitled to consideration

23. The Political Benefits of a Comprehensive Approach A substantial transformation of the energy infrastructure will be politically, not just technically, challenging Disadvantaged constituencies may be drawn to oppose efforts to green the grid due to economic concerns A political coalition that includes, rather than opposes, disadvantaged groups may be likelier to succeed Disadvantaged groups are unlikely to support a green agenda unless it addresses their concerns

24. Participatory Justice In Luke’s honor: Bottom-up participation by disadvantaged groups is essential to: Achieve political empowerment Meet real rather than presumed needs Build trust and substantive alliances

25. Example (?): California’s AB 32 Develop climate change regulations … “in a manner that minimizes costs and maximizes benefits for California’s economy, improves and modernizes California’s energy infrastructure and maintains electric system reliability, maximizes additional environmental and economic co-benefits for California, and complements the state’s efforts to improve air quality.” Cal. Health & Safety Code §385921(h)

26. California’s AB 32 and Economic Justice The state must, to the extent feasible, “direct public and private investment toward the most disadvantaged communities in California.” Cal. Health & Safety Code §38565

27. Contact Information Prof. Alice Kaswan University of San Francisco School of Law 2130 Fulton St. San Francisco, CA 94117 (415) 422-5053 kaswan@usfca.edu Faculty web page: http://www.usfca.edu/law/faculty/fulltime/kaswana.html