Fordham Environmental Law Review 2014 Symposium
Eye of the Storm: Hurricane Sandy Response and Rebuilding Strategies through the Lens of
Environmental Justice
February 21, 2014
9:30 AM – 4:20 PM
Over a year ago, Hurricane Sandy hit the northeast area. Since then a number of response and
rebuilding strategies have been put in place to address the needs of those displaced by the storm and
those living in areas that are vulnerable to future climate change induced storm surges. Hurricane
Sandy, like storms before it, was a reminder that some communities are especially vulnerable to
storms and other events that may be related to climate change, including children, the elderly, the
homeless, the chronically ill, the disabled, individuals in long term care facilities, low income
communities, and communities of color. This symposium will focus on the unique barriers to these
communities that prevent them from receiving aid and resources to rebuild or return to their
neighborhoods if they are displaced, and potential legal remedies they may have under federal, state,
and local laws. This symposium will be an opportunity for the legal community to provide feedback
on Hurricane Sandy response and rebuilding efforts and recommendations for how best to address
future climate change induced disasters in the area.
Breakfast / Registration
9:30 AM – 10:00 AM
Opening Remarks / Keynote Address
10:00 AM – 10:20 AM
Panel 1: Disaster and Vulnerable Communities — Unique Barriers
10:20 AM – 11:50 AM
This panel will address issues unique to particular vulnerable populations, such as NYCHA’s response
and assistance provided during Hurricane Sandy, their role in disasters, and the possibility of setting
up a registry of NYCHA residents who need assistance with evacuation efforts during disasters. This
panel could also explore evacuation efforts of prisoners on Riker’s Island; the level of precautions
taken for those with disabilities and language barriers; implications arising from the disproportionate
number of nursing homes and adult care facilities that are located in evacuation zones in New York;
and cumulative impacts resulting from Hurricane Sandy in SMIA and superfund communities.
Lunch
11:50 AM – 12:50 PM
Panel 2: Level of Governance and System for Spreading Risks and Compensating Victims
1:00 PM – 2:30 PM
This panel will look at the specific legal and practical issues resulting from rebuilding strategies
undertaken in response to Hurricane Sandy. The panel will focus on issues of Federalism and
emergency response issues, as well as mitigation, compensation, and risk spreading in recovery
efforts. Panel topics could address how various policies affect renters, co-ops, and home owners; the
need of federal funding during catastrophic loss as compared to the moral hazard issue of federal
funding to rebuild disaster affected areas that are vulnerable to future harm; maintaining affordability
while improving flood insurance programs to reduce incentives for unwise development; which entity
or agency should be responsible for ensuring long-term housing needs are met for those who are
displaced and what rights they are afforded (specifically low-income or those living in public
housing); and the role of various levels of government and methods of ensuring participation of
vulnerable communities in rebuilding decisions.
Break
2:30 PM – 2:40 PM
Panel 3: Going Forward — Reducing Vulnerability and Increasing Resilience
2:40 PM – 4:10 PM
This panel will look at what lawyering/litigation strategies have been used in the Sandy response.
Panelists could address the effectiveness of various dispute resolution mechanisms that have been put
into place to handle the volume of disputes over insurance coverage and valuation to deal with the
number of flood insurance arising from Sandy related damage. Representation of low-income
populations including lawyers who represented beneficiaries in the federally funded hotel relief
program; lawyers involved in the Fare Share Housing lawsuit against Governor Christie; those
involved with disability rights lawsuits, as well as other lawyers involved with Hurricane Sandy
litigation that represented or are currently representing vulnerable populations. Panelists will also be
invited to speak about the potential litigation that may arise out of Hurricane Sandy in the future.
Closing Remarks
4:10 PM – 4:20 PM
List of Confirmed Moderators / Presenters
Opening Remarks
Keynote:
Daniel Garodnick, New York City Councilman representing Manhattan’s 4th District since 2006
Panel 1
Moderator:
Sheila Foster, Vice-Dean Fordham Law School
Panelists:
Anne Kelsey, Disability Rights Advocates Fellowship Attorney
Judith Goldiner, Attorney-in-Charge of The Legal Aid Society’s Civil Law Reform Practice
Robert R.M. Verchick, Gauthier-St. Martin Eminent Scholar and Chair in Environmental Law,
Loyola University New Orleans
Juan Camilo Osario, Director of Research, NYC Environmental Justice Alliance (NYC-EJA)
Nicky Sheets, Director of the Center for the Urban Environment at the John S. Watson Institute for
Public Policy
Panel 2
Moderator
Christine A. Fazio, Partner Co-Director, Environmental Practice Group at Carter Ledyard & Milburn
LLP
Panelists
James M. Chen, Justin Smith Morrill Chair in Law, Professor of Law, Michigan State University
College of Law
Stephen L Kass, Partner and Founder, Environmental Practice Group at Carter Ledyard & Milburn
LLP
Rachel D. Godsil, Eleanor Bontecou Professor of Law, Seton Hall University School of Law
Panel 3
Moderator
Paolo Galizzi, Clinical Professor of Law, Fordham Law School
Panelists
Ernest Abbott, founder of FEMA Law Associates, PLLC
Margaret Becker, Director of Staten Island Legal Services Disaster Recovery Unit
Benjamin R. Rajotte, Visiting Professor of Law, Director of the Disaster Relief Clinic, Touro Law
Maria R. Volpe, Director of the Dispute Resolution Program at John Jay College of Criminal Justice,
and Director of CUNY Dispute Resolution Center
Albert Huang, Senior Attorney, Director of Environmental Justice Natural Resources Defense
Council