In episode 208 of America Adapts, Mark Nevitt, an associate professor of law at Emory University joins the podcast to discuss his new paper that’s under review, entitled, Destroy, Rebuild, Repeat: How to Break the Climate Disaster Cycle.  Mark delves into the expansion of climate change law courses and his research on the security implications of climate change. He discusses his articles highlighting legal challenges in climate adaptation and introduces his new article focusing on breaking the climate disaster cycle. Mark emphasizes the importance of democratizing climate risk information and proactive measures like managed retreat. He explores legal liabilities in climate adaptation, the semantics of resilience, and the significance of accurate terminology in conveying climate risks. It’s a packed legally episode along with Doug’s ‘Hot Take’!

Transcript of this episode available here.

Topics covered:

 

• The Legal Crisis Within the Climate Crisis
• Emory's Climate Research Initiative
• Flying Navy Jets and Legal Scholarship
• Destroy, Rebuild, Repeat: Overview
• Democratizing Climate Risk Information
• The Adaptation Paradox
• Holding Individuals Responsible for Climate Risk Decisions
• Adaptation vs. Resilience Semantics

Quotes from the episode:

Mark Nevitt:

 

The National Flood Insurance Program is essentially a massive program to subsidize sandcastles. That is in place. It's a classic moral hazard where the people who are benefiting from the program are not fully invested in all the risks associated with it. It's heavily subsidized.

 

My central argument in that article is that just as we have a climate crisis, and most of your listeners are aware of that, we also have legal doctrines, statutes that have not really kept up with our climate destabilized world.

 

Doug Parsons:

 

And so you're proposing an entirely new framework. To break this cycle of destroy, repealed, rebuild, repeat.

 

…we've got to hold people responsible even today decisions that are going to be happening in the next few years, because we won't ever be able to afford this because 10 years from now.

 

Mark Nevitt’s previous appearance on America Adapts:
Climate Change and the Legal System:  Why the U.S. Constitution Needs to Adapt with Law Professor Mark Nevitt

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Links in this episode:
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4744172

 

https://law.emory.edu/faculty/faculty-profiles/nevitt-profile.html

 

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Strategies to Address Climate Change Risk in Low- and Moderate-income Communities - Volume 14, Issue 1
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