Hurricanes Harvey, Irma, Maria, and Nate:The Environmental and Economic Justice

Implications of Climate Change

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Agenda

Introduction: Alli Kielsgard(ABA)

Moderator: Tiffany Sanchez (Barry Law)

Panelists

• Victor Flatt (Houston Law)

• Rachel Deming (Barry Law)

• Barry Hill (Environmental Law Institute)

#EnvironmentalJustice

@ABAesq

@ABA_CRSJ

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Agenda

Introduction: Alli Kielsgard (ABA)

Moderator: Tiffany Sanchez (Barry Law)

Panelists

• Victor Flatt (Houston Law)

• Rachel Deming (Barry Law)

• Barry Hill (Environmental Law Institute)

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Hurricane Harvey and Vulnerable Communities

• Victor B. Flatt, Dwight Olds Chair in Law, and Faculty Director, EENR Center

Unprecedented Nature of Harvey

Unprecedented means unprepared

• More flood than hurricane

• Damages Rich and Poor (no zoning)

• But higher toll on lower income folks

• Lost Everything

Environmental Disaster

• Breach of Hazardous Waste Sites

• Exposed Flaws in CERCLA/Superfund

• Shifts Responsibility Away from

Responsible Parties

• Air Emissions and Explosions

• Houston’s Lack of Zoning Harder on Poor

Agenda

Introduction: Alli Kielsgard (ABA)

Moderator: Tiffany Sanchez (Barry Law)

Panelists

• Victor Flatt (Houston Law)

• Rachel Deming (Barry Law)

• Barry Hill (Environmental Law Institute)

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Hurricane Irma and Bithlo, Florida

RACHEL E. DEMING

DIRECTOR, ENVIRONMENTAL AND EARTH LAW CLINIC

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Bithlo, Florida• Formerly incorporated city that went bankrupt in 1929

• Municipal government ceased to function in 1941

• Was not technically absorbed into Orange County until 1977, functionally in 1982

• Bithlo became the home of several junkyards and an unregulated dumpsite

• The dumpsite was identified as a significant health concern by Orange County in 1992

• It was subsequently closed, but has remained in same condition

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Irma Impacts• Flooding near dumpsite

• Well infiltration • Shallow wells

• DOH testing offer limitations

• Distrust of government

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Bithlo, Florida• United Global Outreach community organization created in 2009

• Mission: to transform a community in place to a vibrant, healthy place to live

• Created partnerships with Florida Hospital, University of Central Florida, Barry Law School Environmental and Earth Law Clinic and many other organizations to address the constellation of issues the community faces

• Achievements include establishment of a local health clinic; extension of public transportation; establishment of a local school and GED center; working on establishing a community center• Primary achievement was to draw attention to this overlooked community

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Agenda

Introduction: Alli Kielsgard (ABA)

Moderator: Tiffany Sanchez (Barry Law)

Panelists

• Victor Flatt (Houston Law)

• Rachel Deming (Barry Law)

• Barry Hill (Environmental Law Institute)

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Questions

• Type them in the question bar on your screen.

• If you have programming ideas, please email paula.shapiro@americanbar.org.

IF YOU ARE A HURRICANE MARIA DISASTER SURVIVOR IN PUERTO RICO• IF YOU ARE A HURRICANE MARIA DISASTER SURVIVOR IN PUERTO RICO

• Legal Hotline (with press releases in English and SpanishPuerto Rico – (800) 310-7029 (SP Press Release)

• www.ambar.org/disasterrelief has Spanish Resources (upper right hand corner)

• DLS Resources @ #Maria Relief

• FEMA - HURRICANE MARIA RESOURCE PAGE

• FEMA - PUERTO RICO HURACÁN MARÍA (en español)

• APPLY FOR ASSISTANCE AND REGISTER WIH FEMA

• * Online at https://disasterassistance.gov/* Call 1-800-621-3362* Speech Disability/Hearing Loss/Use TTY: 1-800-462-7585* Use 711 or Video Relay Service (VRS): 1-800-621-3362

• OVERVIEW OF FEDERAL DISASTER ASSISTANCE

• FEMA TRAININGS

• TIPS FOR APPLYING FOR ASSISTANCE (TRLA)

• SBA - Disaster Assistance

• DISASTERS AND EMERGENCIES | USA.gov

• EMERGENCY PREPAREDNESS AND RESPONSE(CDC)

• Disaster Preparedness @Ready.gov - also available in Spanish (Español)

IF YOU ARE A LAWYER AND WOULD LIKE TO ASSIST IN HURRICANE MARIA RELIEF IN PUERTO RICO• The ABA YLD DLS program and the Louisiana Civil Justice Center, who is coordinating the Puerto

Rico (PR) hotlines for disaster legal assistance, as the island currently has limited to no connectivity and electricity. PR has not enacted the Katrina rule, which would allow attorneys not barred in the jurisdiction to provide legal services, and currently the court system is not up and functional yet to make a declaration waiving the requirement. Consequently, the need for legal services is great for PR. As such, there are potentially three buckets of need.

• 1) We need PR-barred attorneys to provide pro bono assistance, as referrals from the hotline.

• Description and Google Docs Volunteer Form

• 2) We need mentors with substantial experience with federal disaster issues (especially FEMA claims and appeals) to provide technical assistance and mentor the “boots on the ground” attorneys who may have limited training or experience.

• Experienced Mentor Google Docs Volunteer Form

• 3) Especially for Puerto Rico, we need Spanish speaking attorneys,

• Description and Google Docs Volunteer Form (Please note, please use the same form as the one used for PR-barred attorneys)

• www.ambar.org/disasterrelief and ABA YLD DLS Hurricane Recovery Resources provide great legal assistance resources for disaster recovery, with particular emphasis on hurricanes

Questions

• Type them in the question bar on your screen.

• If you have programming ideas, please email paula.shapiro@americanbar.org.