Political and Legal Issues in Catastrophe Readiness and Response

1. Session 5: Political and Legal IssuesJohn C. PineDirector, Research Institute for Environment, Energy and EnvironmentAppalachian State UniversityBoone, NC Session 5: Catastrophe Readiness and Response Course 1

2. Objectives 5.1 Discuss how the National Disaster Response Framework, the National Preparedness Guidelines, and the National Incident Management System shape the readiness and response of the U.S. for extreme events. 5.2 Discuss the principles of federalism and exceptions to federalism (e.g. major exceptions – Posse Comitatus, use of military forces, police roles of military forces, etc. – there are exceptions to the breathing room that the Federal Government gives to the states) 5.3 Discuss three key political issues that may hamper catastrophe preparedness efforts 5.4 Describe current government plans for catastrophe readiness and response 5.5 Identify and discuss the political structure of the U.S. emergency management system, and the use of the National Guard, Coast Guard and other military forces in catastrophe response. Session 5: Catastrophe Readiness and Response Course 2

3. Objectives • 5.6 Identify and discuss potential Federal system break-downs in hypothetical future catastrophic events. • 5.7 Identify and discuss government legal powers during catastrophes. •  5.8 Identify and discuss state legal protection laws for volunteers •  5.9 Discuss the political implications of catastrophes at various governmental and political levels •  5.10 Identify legal issues involving governmental powers for catastrophe response and reconstruction •  5.11 Discuss ways in which political and legal change can result from catastrophes Session 5: Catastrophe Readiness and Response Course 3

4. Objective 1: Shaping U.S. Readiness and Response for Extreme Events. • The National Disaster Response Framework • Provides guiding principles for a unified national response • Defines key roles and structures • Replaces the National Response Plan • The Framework is written for senior elected and appointed leaders • National Preparedness Guidelines (2007) • Elements of the National Preparedness Guidelines (Purpose, Vision and Capabilities) • National Incident Management System • Consistent nationwide template for organizing response Session 5: Catastrophe Readiness and Response Course 4

5. Concept of Federalism: The Tenth Amendment to the Constitution provides that powers not delegated to the federal government nor prohibited by it to the states are reserved to the states. Key federal powers include collection of taxes, duties, pay debts and provide for the common defense and welfare. Questions: Hurricane Katrina provided a test for federalism and the capacity of our system to effectively deal with a catastrophe. What do you see that Katrina showed us about federalism and disasters? Why can’t Federal authorities simply respond to disasters without waiting for a formal request from the state governor? Under what circumstances might it be reasonable or justifiable to have a direct federal response, and what circumstances might make it very inappropriate and possibly even more difficult to respond effectively to the needs of victims? Session 5: Catastrophe Readiness and Response Course 5

6. Objective 2: Principles of Federalism and Exceptions to Federalism(continued) Question: The Posse Comitatus Act (18 U.S.C. 1385), along with other related laws and administrative provisions, prohibits the use of the military to execute civilian laws unless expressly authorized by the Constitution or an act of Congress. What is the intent behind the limitations imposed on the federal government? What do you see are the impacts that this imposes in a large scale catastrophe? Session 5: Catastrophe Readiness and Response Course 6

7. Objective 5.3. Discuss three key political issues that may hamper catastrophe preparedness efforts Questions: In what ways do you see that political issues hamper catastrophe preparedness efforts at the federal, state or regional, or local levels of in the U.S. or internationally? How do political issues impact preparedness initiatives in cross boundary areas? Session 5: Catastrophe Readiness and Response Course 7

8. Objective 5.4. Describe current government plans for catastrophe readiness and response • Federal System (Stafford Act) • In what ways does the Stafford Act provide a basis for federal, state and local planning initiatives for disasters? Is this sufficient for large scale catastrophes? • State All Hazards Emergency Response Plans • Provide examples of state statutory requirements for developing and maintaining emergency operations plans. • Local Government Emergency Response Plans • Most state homeland security and emergency management statutes require local governments to prepare disaster plans. They may be sufficient for local disasters, but not address inherent differences that are present in catastrophe preparedness plans. Session 5: Catastrophe Readiness and Response Course 8

9. Objective 5.5. Identify and discuss the political structure of the U.S. emergency management system, and the use of the National Guard or other military forces in catastrophe response Questions: How would you characterize the U.S. emergency management system? Is it centralized or decentralized? What do you see are the primary roles for local, state and federal governments in emergency management? The deployment of Dept. of Defense resources in response to Hurricane Katrina was viewed by many as critical to rescue efforts. What limitations need to be acknowledged in the use of military resources in an emergency response? Session 5: Catastrophe Readiness and Response Course 9

10. Objective 5.6. Identify and discuss potential Federal system break-downs in hypothetical future catastrophic events Questions: What potential system breakdowns could limit effective preparedness and response efforts to catastrophic events? How should these system limitations be addressed? Are these limitations also seen in cross boundary international catastrophic events? Session 5: Catastrophe Readiness and Response Course 10

11. Objective 5-7: Identify and discuss government legal powers during catastrophes. Questions: State laws provide specific powers of the governors in dealing with disasters. To what extent can the governor declare a disaster, order an evacuation, compel an evacuation, limit return of the public to the disaster area, obtain property, suspend bid procedures, or identify routes for an evacuation? What other powers does the governor have in a disaster? Are the powers limited and if so how? Review the state emergency management act in your state and determine if the governor has similar powers. Are these powers sufficient for dealing with large scale catastrophes? Session 5: Catastrophe Readiness and Response Course 11

12. Objective 5-7: Identify and discuss government legal powers during catastrophes (continued). Questions: • What powers does the local chief executive office have? • What local official is mentioned in your state statute who can exercise these powers? • Are these adequate to address a catastrophe? Session 5: Catastrophe Readiness and Response Course 12

13. Objective 5.8. Identify and discuss state legal protection laws for volunteers. Questions: A claim of negligence for the torts of a volunteer in a disaster could result from claims of harm. Who are volunteers? Explain how a claim could be made and how the volunteer could be immune from a civil suit. Under what conditions could the volunteer lose this protection? Session 5: Catastrophe Readiness and Response Course 13

14. Objective 5.8. Identify and discuss state legal protection laws for volunteers (continued). • What strategies should be implemented to ensure that volunteers perform in a proper manner and that they do not harm others in assisting in a response to a disaster? Session 5: Catastrophe Readiness and Response Course 14

15. Objective 5.9. Discuss the political implications of catastrophes at various governmental and political levels Questions: What are the political considerations and barriers that impact our efforts to plan for more resilient places that are socially just, economically vital, ecologically compatible, and less vulnerable to future catastrophes? How does our political system integrate planning for transportation, housing, land use and environmental issues? Do we have special opportunities following a disaster to address these issues? Session 5: Catastrophe Readiness and Response Course 15

16. Objective 5.9. Discuss the political implications of catastrophes at various governmental and political levels (continued) Do you see significant differences in local, state and national policies? What does citizen engagement in recovery planning contribute to full restoration of the community? How do political factors influence the implementation of emergency response plans in a catastrophe? Session 5: Catastrophe Readiness and Response Course 16

17. Objective 5.10. Identify legal issues involving governmental powers for catastrophe response and reconstruction Questions: Discuss the legal issues involving government powers in catastrophic response and recovery in the following: Use of private resources Communication and warnings Compelling actions (evacuations or prohibiting access or egress from areas) Session 5: Catastrophe Readiness and Response Course 17

18. Objective 5.11. Discuss ways in which political and legal change can result from catastrophes Questions: Hurricane Katrina provided the opportunity for political and legal changes including: reducing vulnerability, linking recovery with land use decisions, mitigation strategies and an assessment of liability laws. We continue to see that large scale disasters present opportunities for change. Provide examples of political and legal change that results from disasters – including large scale economic ones. How do you see that our legal system differentiates disasters from large scale catastrophes? Session 5: Catastrophe Readiness and Response Course 18

19. Objective 5.11. Discuss ways in which political and legal change can result from catastrophes • Pelling and Dill (2006) in Objective 5.11 Section V. see that political outcomes surrounding a disaster are influenced by existing social conditions. Given recent large scale disasters in the U.S. and abroad, do you see that their observations are accurate? Are the changes following Katrina truly the exception or should we expect further political and legal change following large scale disasters / catastrophes? Session 5: Catastrophe Readiness and Response Course 19

20. Objective 5. 12. Describe the challenges of inter-jurisdictional partnership issues Questions: Some scholars believe that inter-organizational collaboration and partnerships have failed us in large scale disasters such as Katrina. Are efforts to provide partnerships not possible in such extreme conditions? Are international cross border efforts for collaboration possible in extreme events? What are the major issues in developing and implementing international collaborations and partnerships? Do we face the same barriers in developing international collaboration as we do in domestic environments? What strategies might be used to address the barriers to inter-jurisdictional partnerships? Session 5: Catastrophe Readiness and Response Course 20