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Verchick’s ‘Facing Catastrophe’: A Roadmap to a Safer Future

Rob Verchick’s new book, “Facing Catastrophe: Environmental Action for a Post-Katrina World,” might help avoid future disasters like the Deepsea Horizon blowout. 

Verchick views wetlands, lakes, forests, and rivers as a kind of infrastructure, providing ecosystem services that are just as important as the services provided by other infrastructure, such as roads and dams. For instance, Gulf Coast wetlands provide a buffer against storm surges (protecting not only people but key oil facilities), and nurtures vast numbers of birds and sea creatures (including a fifth of all U.S. seafood). He makes a compelling case that we need to do more to preserve this crucial infrastructure.

Too often, Verchick says, we rely on cost-benefit analysis (CBA) to guide our decisions about preservation. Like many critics of CBA, he argues that it shortchanges such important values as preservation of human life and natural wonders; undercounts the interests of future generations; and assumes a degree of knowledge about risks that is often out of reach. He also points out that “most of the flaws in the cost-benefit approach regarding monetization, discounting, and uncertainty are grossly amplified in cases of low-probability, high-magnitude events.” Think Katrina. Think Deepwater Horizon.

Instead of CBA, Verchick contends we should stress three principles. First, we should minimize exposure to hazards by preserving natural buffers and integrating those buffers into artificial systems like levees or seawalls.  Second, we need to pay close attention to issues of environmental justice. Third, we need to cultivate a precautionary attitude toward disaster risks. In particular, we should make much more use of scenario analysis, considering a range of possible futures, rather than trying to guesstimate the odds of any one outcome.

In my view, his point about scenario analysis is especially powerful. RAND pioneered a method called “future-now thinking,” which has given rise to impressive scenario exercises by global companies like G.E. and Shell, as well as sophisticated governmental efforts like Finland’s FISKEN project. Even the Army Corps of Engineers is getting into the act, using scenarios to help plan the post-Katrina flood control system.

As Verchick points out, scenario planning can help planners “break out of established assumptions and patterns of thinking.” This is particularly important because experts believe “failures in crisis management can usually be attributed to a lack of imaginative vision or denial of that vision.”

No set of precepts and processes – be they the precautionary principle and scenario planning, or environmental justice and awareness of ecosystem services – can provide a surefire guarantee against another disaster like Deepwater Horizon. But at the very least, following Verchick’s approach would have led government officials and business managers to ask the right questions. 

Forcing decision-makers to ask the right questions and pay attention to the answers may require new legal mandates. Verchick argues that government must assume a stronger regulatory role in managing natural infrastructure, distributional fairness, and public risk. He proposes changes to the federal statutes governing environmental impact assessments, wetlands development, air emissions, and flood control, among other legal reforms. 

Verchick, a former CPR member scholar, is currently doing a stint in D.C. as Deputy Associate Administrator of the Office of Policy, Economics, and Innovation at EPA.  He is on leave from Loyola University New Orleans, where he teaches environmental law. Hopefully, he’ll have a chance to influence policy in the right direction while he’s in D.C. 

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Daniel Farber | June 11, 2010

Verchick’s ‘Facing Catastrophe’: A Roadmap to a Safer Future

Rob Verchick’s new book, “Facing Catastrophe: Environmental Action for a Post-Katrina World,” might help avoid future disasters like the Deepsea Horizon blowout.  Verchick views wetlands, lakes, forests, and rivers as a kind of infrastructure, providing ecosystem services that are just as important as the services provided by other infrastructure, such as roads and dams. For instance, […]

Shana Campbell Jones | June 10, 2010

Bidding for Pollution Control Dollars in the Chesapeake: A Modest Proposal for the Amish Farmer

If I remember my Sunday School lessons correctly, “clean living” should result in a lot of good things in addition to a heavenly reward: a strong character, an orderly home, and a healthy body and environment.   Ironically for the Amish, a clean living group if there ever was one, clean living also produces dirty waters. As […]

Shana Campbell Jones | June 9, 2010

CPR Scholarship Round-up: Innovation for nonpoint source pollution and animal migrations on the one hand, and obfuscation at OIRA on the other

We’ve all seen the dramatic headlines recently concerning large-scale environmental disruptions, including a catastrophic oil spill in the Gulf and mining disasters killing workers from West Virginia to China. Meanwhile, in Congress, climate change bills are proposed, altered, weakened, and eventually shelved, and the United States still fails to take action on climate change. CPR’s Member Scholars […]

Yee Huang | June 8, 2010

International Law Implications of the BP Oil Spill

Hundreds of offshore extraction platforms dot the world’s oceans, funneling millions of gallons each day of oil, natural gas, and other extracted resources to the surface. While these operations are regulated by the country where they’re located, they have the potential to cause international environmental disasters when located near boundary waters or near large currents. The New […]

Rebecca Bratspies | June 7, 2010

Deepwater Horizon: Day 48

Cross-posted from IntLawGrrls Ever since the Deepwater Horizon began gushing oil into the Gulf of Mexico, BP has been dazzling the American people with a series of colorfully named “solutions:” the dome; top hat, junk shot, top kill. However, as the days turned into week, and the weeks turned into months, one thing has become […]

Victor Flatt | June 4, 2010

Texas’ Clean Air Act Alamo May Win the Environmental War for us All

In the little-followed but hugely important “joint federalism” system through which our environmental laws are implemented, a seismic change may be afoot that could vastly improve environmental compliance and environmental quality in the future. Last week, Al Armendariz, the head of the Environmental Protection Agency’s Region VI, indicated that unless significant changes are made by […]

Ben Somberg | June 3, 2010

New Drywall Revelations, Courtesy of the Tort System

ProPublica teamed with the Sarasota Herald-Tribune to put out an important investigative piece on drywall a few days ago — “Tainted Chinese Drywall Concerns Went Unreported for Two Years.” The article, by Joaquin Sapien and Aaron Kessler, reports that: A leading East Coast homebuilder learned four years ago that the Chinese-manufactured drywall it had installed […]

Yee Huang | June 3, 2010

Spotlight on CAFOs: EPA Settlement Requires More Info on CAFOs

EPA and a coalition of environmental groups recently settled ongoing litigation related to the regulation of concentrated animal feeding operations (CAFOs). The litigation dates back to 2003, when EPA finally proposed comprehensive regulation of CAFOs, and it centers on what actually constitutes a CAFO. The original Clean Water Act labeled CAFOs as point sources that require a […]

Alyson Flournoy | June 2, 2010

Looking Beyond Deepwater to the Horizon: Government-on-Demand Doesn’t Work (Surprise!)

In following the oil spill disaster, it can be hard to think beyond the control effort du jour to the bigger picture. I was riveted by the latest of BP’s seven failed efforts to stop the flow of oil, hoping it would succeed and that the underwater tornado of oil devastating the Gulf, the coast, […]