Law, Science, and Disaster Summary of the October 18, 2005 Workshop of the Disasters Roundtable (2006) / Chapter Skim
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Summary of the October 18, 2005 Workshop of the Disasters Roundtable
Summary of the October 18, 2005 Workshop of the Disasters Roundtable
Pages 1-14
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With this goal in mind, these entities develop and implement a complex variety of laws and regulations that impact individuals and institutions in all sectors of society. Decision makers enact and implement disaster-related laws to regulate land use, building practices, emergency response planning, and other actions.
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He suggested reviewing and modifying existing public policies to ensure that they do not encourage at-risk development. Learning from Disasters: The Synergy of Law and Geography Rutherford Platt, professor of geography and planning law and director of the Ecological Cities Project at the University of Massachusetts, Amherst, stressed the importance of learning from past disasters and suggested that the lessons learned from the rebuilding of London, England, after the fire of 1666 provide an example of smart rebuilding as the United States embarks upon rebuilding communities in the Gulf Coast in the wake of Hurricane Katrina.
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Session II: Some Recent Trends and Issues in Disaster-Related Law Emergency Management Law The creation of the Department of Homeland Security (DHS) in response to the September 11, 2001 terrorist attacks caused concern among emergency managers and fueled the conflict of cultures that exists between emergency management and law enforcement, according to William Nicholson, assistant professor at North Carolina Central University.
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The National Response Plan (NRP) provides the coordinating structure for national-level policy and operational direction for federal support to local and state emergency managers, as well as federal-tofederal support, and for the exercise of direct federal authority as appropriate to manage domestic incidents.
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Gable stated that public health laws need to be updated to keep pace with scientific developments, clarify legal powers and duties, and improve public health emergency responses. Following the September 11, 2001 attacks, the Center for Disease Control and Prevention (CDC)
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Following this model, governors would be empowered to declare a public health emergency, granting states powers to manage and seize property, to house people for medical care, and to stockpile medical supplies. States would also be allowed to destroy property that is contaminated or deemed a threat to the public's health.
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Congress passed the Air Transportation Safety and System Stabilization Act in response to the unprecedented terrorist attacks on the World Trade Center and the Pentagon, establishing the September 11th Victim Compensation Fund. Kenneth Feinberg, managing partner and founder of The Feinberg Group, LLP, was designated as special master and charged with administering the program over a period of 33 months.
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Abbott stated that, under the 2000 Stafford Disaster Relief and Emergency Assistance Act, commonly referred to as the Stafford Act, governors of states impacted by a disaster must request a declaration from the President before the federal government exercises its response powers. The President may declare an emergency without a governor's request if it is found that 8
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The conference focused on public health emergency responses. Ianni reported that participants examined emergency management laws, the legal lessons learned from September 11, the roles of an attorney general in a disaster, and the role of the judiciary.
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For example, emergency managers are often surprised to learn of the legal attributes of public health and emergency responses. Rotanz stated that laws like the Stafford Act directly impact the planning and preparedness efforts of emergency mangers.
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In a reference to comments made earlier by Brower, Nutter suggested that the NFIP and state pools that provide private insurance against natural hazards have spurred development in high risk areas. The need for increased collaboration between the state and federal levels of government was discussed at length.
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There is a pressing need for reliable information at every stage of a public health emergency response. Noji stressed the importance of providing accurate information to the media to quell public fears.
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Concluding Remarks William Hooke, director of the Atmospheric Policy Program at the American Meteorological Society and chair of the Disasters Roundtable, remarked that, without planning, the rule of law can be one of the first casualties of a disaster or public emergency. Disasters are socially constructed, a result of social decisions made within a legal framework that shapes mitigation, response, and recovery and determines their effectiveness.
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2001. National Incident Management System.
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