Question of Liability for Emissions from Land Development in Relation to New York State Climate Change Plan

The question of liability (responsibility) for loss and damage (L&D) associated with climate change often ignores the liability for L&D from greenhouse gas (GHG) emissions which are the source of climate change-related impacts. New York State (NYS) recognizes its responsibility regarding cli...

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Main Authors: Elena A. Mikhailova, Lili Lin, Zhenbang Hao, Hamdi A. Zurqani, Christopher J. Post, Mark A. Schlautman, Gregory C. Post, George B. Shepherd
Format: Article
Language:English
Published: MDPI AG 2023-05-01
Series:Climate
Subjects:
Online Access:https://www.mdpi.com/2225-1154/11/5/109
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author Elena A. Mikhailova
Lili Lin
Zhenbang Hao
Hamdi A. Zurqani
Christopher J. Post
Mark A. Schlautman
Gregory C. Post
George B. Shepherd
author_facet Elena A. Mikhailova
Lili Lin
Zhenbang Hao
Hamdi A. Zurqani
Christopher J. Post
Mark A. Schlautman
Gregory C. Post
George B. Shepherd
author_sort Elena A. Mikhailova
collection DOAJ
description The question of liability (responsibility) for loss and damage (L&D) associated with climate change often ignores the liability for L&D from greenhouse gas (GHG) emissions which are the source of climate change-related impacts. New York State (NYS) recognizes its responsibility regarding climate change as documented in the NYS Climate Leadership and Community Protection Act (CLCPA) (Senate Bill S6599), which put forward the goal of reducing greenhouse gas emissions from all anthropogenic sources 100% over 1990 levels by the year 2050, with an incremental target of at least a 40% reduction in climate pollution by the year 2030. The current NYS carbon footprint (CF) does not include soil-based GHG emissions from land developments, preventing the state from reaching its net-zero emission goals. The current study addresses this shortcoming by quantifying the “realized” social costs of CO<sub>2</sub> (SC-CO<sub>2</sub>) emissions for NYS from all land developments (12,037.5 km<sup>2</sup>, midpoint 1.7 × 10<sup>11</sup> of total soil carbon (TSC) losses with midpoint $28.5B (where B = billion = 10<sup>9</sup>, USD)) in social costs of carbon dioxide emissions, SC-CO<sub>2</sub>) and “new” land developments (485.2 km<sup>2</sup>) in the period from 2001 to 2016, which caused a complete loss of midpoint 6.6 × 10<sup>9</sup> kg of TSC resulting in midpoint $1.1B SC-CO<sub>2</sub>. All NYS’s counties experienced land conversions, with most of the developments, TSC losses, and SC-CO<sub>2</sub> occurred near the existing urban areas of New York City (NYC), Long Island, and Albany. Land conversion to developments creates additional liability by the loss of future GHG sequestration potential in developed areas. In addition, there is a substantial future liability in NYS from climate change impacts, such as the projected sea-level rises will impact 17 of NY’s 62 counties, which will cause high costs of adaptation. Incorporation of land use/land cover change (LULCC) analysis can help better quantify the CF and identify ways to reduce GHG emissions and the associated liabilities and compensations to help achieve some of the United Nations (UN) Sustainable Development Goals (SDGs).
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spelling doaj.art-7aeacd47cd684b6aa4a1b2f7b7bd8cee2023-11-18T00:57:38ZengMDPI AGClimate2225-11542023-05-0111510910.3390/cli11050109Question of Liability for Emissions from Land Development in Relation to New York State Climate Change PlanElena A. Mikhailova0Lili Lin1Zhenbang Hao2Hamdi A. Zurqani3Christopher J. Post4Mark A. Schlautman5Gregory C. Post6George B. Shepherd7Department of Forestry and Environmental Conservation, Clemson University, Clemson, SC 29634, USADepartment of Biological Science and Biotechnology, Minnan Normal University, Zhangzhou 363000, ChinaUniversity Key Lab for Geomatics Technology and Optimized Resources Utilization in Fujian Province, No. 15 Shangxiadian Road, Fuzhou 350002, ChinaArkansas Agricultural Experiment Station, Arkansas Forest Resources Center, University of Arkansas, Monticello, AR 71655, USADepartment of Forestry and Environmental Conservation, Clemson University, Clemson, SC 29634, USADepartment of Environmental Engineering and Earth Sciences, Clemson University, Anderson, SC 29625, USAGeography Department, Portland State University, Portland, OR 97202, USASchool of Law, Emory University, Atlanta, GA 30322, USAThe question of liability (responsibility) for loss and damage (L&D) associated with climate change often ignores the liability for L&D from greenhouse gas (GHG) emissions which are the source of climate change-related impacts. New York State (NYS) recognizes its responsibility regarding climate change as documented in the NYS Climate Leadership and Community Protection Act (CLCPA) (Senate Bill S6599), which put forward the goal of reducing greenhouse gas emissions from all anthropogenic sources 100% over 1990 levels by the year 2050, with an incremental target of at least a 40% reduction in climate pollution by the year 2030. The current NYS carbon footprint (CF) does not include soil-based GHG emissions from land developments, preventing the state from reaching its net-zero emission goals. The current study addresses this shortcoming by quantifying the “realized” social costs of CO<sub>2</sub> (SC-CO<sub>2</sub>) emissions for NYS from all land developments (12,037.5 km<sup>2</sup>, midpoint 1.7 × 10<sup>11</sup> of total soil carbon (TSC) losses with midpoint $28.5B (where B = billion = 10<sup>9</sup>, USD)) in social costs of carbon dioxide emissions, SC-CO<sub>2</sub>) and “new” land developments (485.2 km<sup>2</sup>) in the period from 2001 to 2016, which caused a complete loss of midpoint 6.6 × 10<sup>9</sup> kg of TSC resulting in midpoint $1.1B SC-CO<sub>2</sub>. All NYS’s counties experienced land conversions, with most of the developments, TSC losses, and SC-CO<sub>2</sub> occurred near the existing urban areas of New York City (NYC), Long Island, and Albany. Land conversion to developments creates additional liability by the loss of future GHG sequestration potential in developed areas. In addition, there is a substantial future liability in NYS from climate change impacts, such as the projected sea-level rises will impact 17 of NY’s 62 counties, which will cause high costs of adaptation. Incorporation of land use/land cover change (LULCC) analysis can help better quantify the CF and identify ways to reduce GHG emissions and the associated liabilities and compensations to help achieve some of the United Nations (UN) Sustainable Development Goals (SDGs).https://www.mdpi.com/2225-1154/11/5/109carbonCO<sub>2</sub>compensationgreenhouse gaslawpolicy
spellingShingle Elena A. Mikhailova
Lili Lin
Zhenbang Hao
Hamdi A. Zurqani
Christopher J. Post
Mark A. Schlautman
Gregory C. Post
George B. Shepherd
Question of Liability for Emissions from Land Development in Relation to New York State Climate Change Plan
Climate
carbon
CO<sub>2</sub>
compensation
greenhouse gas
law
policy
title Question of Liability for Emissions from Land Development in Relation to New York State Climate Change Plan
title_full Question of Liability for Emissions from Land Development in Relation to New York State Climate Change Plan
title_fullStr Question of Liability for Emissions from Land Development in Relation to New York State Climate Change Plan
title_full_unstemmed Question of Liability for Emissions from Land Development in Relation to New York State Climate Change Plan
title_short Question of Liability for Emissions from Land Development in Relation to New York State Climate Change Plan
title_sort question of liability for emissions from land development in relation to new york state climate change plan
topic carbon
CO<sub>2</sub>
compensation
greenhouse gas
law
policy
url https://www.mdpi.com/2225-1154/11/5/109
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