Puerto Rico and Hurricane Maria

September 5, 2018

I’m glad Gov. Cuomo has been talking about what happened to Puerto Rico after Hurricane Maria. It should never have dropped out of public discussion both for the sake of the residents of Puerto Rico and for the rest of us.

Katrina undid George Bush when many in New Orleans and the surrounding area got no help. The public was disgusted when Bush praised the head of FEMA for “doing a heck of a job” four days after the hurricane struck. After Hurricane Maria hit, the whole island of Puerto Rico was without power. Half were still powerless half a year later, jerry-rigging connections or using generators for life-saving equipment. At least 11,000 US citizens were still powerless in June, with power authorities still figuring out who was without. But it didn’t bother Trump. The storm hit Puerto Rico on September 20. In early October, Trump announced he’d already done enough.

Dealing with weather disasters takes advance planning. Reacting after the damage is done is too late for many of the injured and displaced. A member of the Albany Law Board who worked on disaster planning for the Red Cross described the process to me. One has to anticipate needs, delivery routes, and get things to staging areas from which they can be delivered before the storm hits, together with the vehicles needed to bring supplies to the affected people. That’s complex and difficult but it can be done because we have considerable advance warning of where major weather events will strike. Not rocket science, it’s a well-worn path of jobs that need to be done.

Puerto Rico is not unmapped far away frontier territory. It’s an island, which should have suggested advance planning for sea-worthy ships and protected areas on the island. Its miles of unpaved mountain roads should have suggested the need for helicopters, like those New York supplied when the Feds didn’t. FEMA was busy with other disasters but that too was predictable. It didn’t raise the alarm and ask for help until well after the storm passed by. Only then was the U.S. Army, itself skilled in disaster relief abroad, permitted to go into Puerto Rico.

Some politicians like to charge that the damage was Puerto Rico’s own fault, the result of graft, corruption and mismanagement. That’s a misdirected ascription of collective guilt. Most Puerto Ricans are related to those ills only as victims. And the beneficiaries were the same people and institutions that we like to hold harmless, the wealthiest people and corporations. The electrical grid was unable to resist storm damage because the corporate leadership left it that way. But we prefer to blame an island and an ethnic or racial group. It would be such bad form to notice who actually caused and who was victimized by the problems in Puerto Rico.

Worse, it hasn’t been allowed to use federal money to fix anything in the cleanup, only to rebuild not one jot better than before, ready to collapse again in the next storm.

All this reflects incompetence and lack of concern about the welfare of Americans. We are all diminished by humanitarian disasters. And disasters are contagious. As John Donne so eloquently put it, “never send to know for whom the bells tolls; it tolls for thee,” for all of us.

My classmate, Judge José Cabranes, wrote in the Washington Post that Puerto Ricans would be leaving the island and coming to the mainland. They have, and as citizens, they may, and should, vote where they settle.

— This commentary was originally scheduled for broadcast on WAMC Northeast Report, September 4, 2018. The broadcast by NPR and WAMC of the hearings on the nomination of Judge Kavanaugh, however, preempted broadcast on the 4th. We plan to broadcast it at a later date but I am posting it now nonetheless.


The Moral and Legal Meaning of Failing to Deal with Climate Change

August 30, 2018

I often wrestle with how gentle or how strong to come on. To get everyone’s support on climate change, I want to come on gently. But climate change is so big, urgent and underappreciated that I want to come on strong.

The experts tell us that we can make a big difference. We can take steps that will really slow down and even stop climate change beyond what is already inevitable. But nothing will happen by itself. The economy won’t automatically stop selling carbon-based fuels that produce greenhouse gasses. Government is necessary to do that. Without government coordinating our efforts, each of us individually make only a small difference and we can defend our bad choices by pointing out that it’s legal. But with government coordinating the move to more climate friendly products and methods, we can make a big difference.

Unfortunately, the current Administration is fighting against rules designed to reduce greenhouse gasses. It is rolling back automobile emission and engineering standards that would significantly reduce greenhouse gasses that we produce. The transportation industry produces a large part of greenhouse gasses so real progress requires action among auto manufacturers. But with the Administration working to roll rules back, auto makers say they’ll just wait and see. Meanwhile, Americans buy the largest vehicles they can afford. Progress on sedans gets wiped out by the market for SUVs, trucks and HUMVEEs. One way to control the impact of those market choices is to retain, not roll-back, those emission rules. Another is to introduce greenhouse gas taxes. Government is a necessary part of any real effort to control global warming, for ourselves, our children, grandchildren and posterity.

Failing to act against global warming will increase the worldwide refugee flow which many Americans fear, and turn many Americans into refugees in our own country, from the coasts and the great Midwest Mississippi River basin the where people will be forced to leave their homes and push into places ill-prepared to house, feed and employ them. Failing to act against global warming will magnify the onslaught of tropical illnesses on Americans who are ill-prepared to deal with them. Failing to act against global warming will send our parents to early graves in heat waves that stress their hearts.

The law makes a stronger point that reflects the stakes in global warming. Intentional, premeditated, criminally negligent or reckless killing of one or more human beings is murder.

The lowest form of murder is involuntary manslaughter. An unintentional, involuntary killing is nevertheless manslaughter if it was inherently dangerous or was done with reckless disregard for human life, and the defendant knew or should have known the conduct was a threat to others’ lives.

Does that fit the people who are tearing down the rules to slow or stop global warming and other forms of climate change? We know that climate change will kill many people, in this country and all across the globe. We know that greenhouse gasses from burning carbon-based fuels is heating the earth and additional burning of carbon-based fuels will heat it more. In other words, burning carbon-based fuels is inherently dangerous – it will kill people. The impact of government rules on death and survival is very clear. That will certainly bubble up in lawsuits. But the law also reflects powerful moral conclusions well worth thinking about.

— This commentary was broadcast on WAMC Northeast Report, August 28, 2018.

 


Environmental War – The Climate Will Show No Mercy

August 21, 2018

With my grandchildren here, I’ve been slower getting my reading done, but they are also central to what we need to deal with. The entire NY Times Magazine of Sunday, August 5, was devoted to the story of climate change, when we knew it, what it would do, and our failure to stop it. Some of us have known for a long time without knowing how to ring the alarm bell. But there is no more time.

Within two decades the earth’s temperature will have risen enough to force a large portion of the earth, with its homes and cities under water. Don’t think you’re affected? A rise of 10-20 feet in the height of the oceans will swamp large portions of our coast – and forget about rebuilding like before. If you live above the sea line, it may not matter because much of the coastal infrastructure will be swamped. Roads, bridges, subways, pipelines and much more will become unusable. Our towns and cities won’t function like what brought us there.

Think it’s just the coasts? Actually, a large portion of the Midwest will be submerged. And a large portion of the Southwest will be a dust bowl, equally unusable. Worried about refugees? Much of our country will be refugees from the rising waters and the droughts caused by climate change. Feel secure in your property rights? Think about Sutter’s mill in California when gold was discovered. Large movements of people can swamp settled practices.

Where will your food come from? Rising, warming oceans threaten coral reefs and with them much of the global maritime food supply. Droughts and submerged land will reduce much earthbound food supplies. Still think this is a story about someone else? That you can pass on to your children and grandchildren the rising standard of living that is supposed to be the American dream?

Can we still stop it? Not if we fiddle while Rome burns or tweet while America disappears under water. This is a national and international crisis and it’s way more than politics. Yes, other nations have to get on board and many have but it destroys their efforts, achievements and resolve if America continues irresponsibly pumping CO2 and methane into the atmosphere. The battle against environmental devastation must be waged on a war footing, with everything at our disposal.

What will it take? More than your SUVs. Americans have been responding to cleaner power by buying more gas-guzzling cars and tools. At the very minimum we’ll have to accept a steep carbon tax, so that we can stanch the growing flood of energy use, even if we lower other taxes. We can’t keep fracking and building pipelines or mining coal – I understand the concern about jobs but we have to put our labor where it helps, not where it hurts. Global changes require global solutions that cut energy use and eliminate greenhouse gasses.

Retail suggestions can make some dents – like solar panels, green roofs, white roof tiles and white roads and drives. Cities are much more efficient than sprawling development, and multi-family homes are much more efficient than single-family dwellings because they insulate each other. Some building and zoning changes could push people to use passive solar to make the most of the sun’s heat in the winter and shield us from as much as possible in the summer. We have to start using our collective heads.

And we have to address this problem like an emergency that will require effort and sacrifice from all of us. Patriotism requires no less. Our families, children, grandchildren and everyone we hold dear require no less. This is a war for a livable environment. Losing it means losing everything, our country, our families, our homes and lives. Fussing about issues of heritage and color are the work of fools. Sweating about how much damage will take place by 2035 or whether catastrophe will take a few more years just makes it inescapable. We have serious work to do.

— This commentary was broadcast on WAMC Northeast Report, August 21, 2018.

 

 


I’m an Affirmative Action Baby

September 20, 2017

I went out for an early walk recently. One of the things I like about taking a walk is the way it clears the mind. This morning, the fog lifted and I realized with great clarity that I was an affirmative action baby. About a decade before I applied, Princeton had made the decision, not just to eliminate the quota that limited the number of Jews admitted, but to actively encourage Jews to come.

When my high school college advisor suggested I apply to Princeton I was surprised. Princeton was not on my radar. But all the top students at Midwood wanted to go to Harvard, so I figured it was worth a try. I will never forget the day my parents drove me to campus for an interview. I expected to be grilled on whether I was good enough. The admissions office was on Cannon Green, cattycorner from Nassau Hall where the 1783 Treaty of Peace ending the Revolutionary War was signed. I don’t remember the man’s name, but I think he was an assistant Dean. And the whole interview was about trying to convince me to come.

I walked out and told my parents, in a tone that must have revealed both my joy and surprise, that they want me to come. Is it ever great to feel wanted. After that, there was never any question in my mind where I was going. I remember trying to conceal my sense of joy from fellow students at Midwood High – I didn’t want to be taken as bragging. And by the way, Yale Law School treated me much the same way four years later. This was not the education I expected. But I would have had to be dumb to turn it down.

It doesn’t seem to have occurred to anyone to challenge my credentials because Princeton decided to encourage Jews to apply and come. I think it was a good bargain for everyone. As a group we were hungry for knowledge, opportunity and a chance to make the world better. And Princeton designed its program so that we students got to know our professors. Some of them invited us to their homes; some of us invited them to dinner with our friends.

Only one African-American graduated with our class. So I was proud of the school when it made the same decision to bring African-Americans to campus and then did it again with women. That’s quite a transformation between about 1944 and 1969. And it didn’t hurt a bit. Princeton is still at the top of everybody’s chart of the best schools to go to 55 years after yours truly graduated.

When I got to law school, I really got to experience and appreciate the value of diversity. Students came from literally all over the world to study with a couple of my teachers. I learned a great deal. Some of it was comic, like the student who wanted to work for Pakistan in order to promote the independence of Kashmir, directly contrary to Pakistani policy. One of my fellow students nearly burned my stomach with Indian spices. And I was terrified to introduce my dates to him because they all thought he was gorgeous. But they all enriched my life, my understanding and my appreciation of different peoples.

So yes, I’m an affirmative action baby. I’m not the least bit embarrassed about it. I hope I’ve justified their confidence in me – I’ve certainly spent my life trying.

— This commentary was broadcast on WAMC Northeast Report, September 19, 2017.

 

 


Refugees and the Impact of Immigration

April 5, 2016

Let’s talk about immigration in this current frenzy about keeping Syrian refugees out.

DAESH (ISIS) or al Qaeda used EU citizens to damage Paris. They will try to use Americans here. Some Americans have gone over to the dark side, trained abroad, could return and blend in here. That is a similar problem with deporting those undocumented people who have spent most of their lives here – in their countries of origin many have no ties, job history, knowledge of the culture or the environment. Deported, they are valuable to smugglers who use them to get contraband across our borders. Allowed to stay, they could be productive members of society. For Americans and immigrants alike, keeping people working at decent jobs is the best way to keep everyone out of trouble.

Population also affects national power, what we can produce, and the power we project. That is important in an increasingly dangerous world. Adding to the workforce and as consumers, immigrants increase the size and health of our economy, and instead of straining our budget, they help to sustain our social safety net, as many aging countries have been finding out.

Immigration is not without costs, however. China and India now each have over a billion people. India’s population has tripled since I was young. These are population explosions. Chinese authorities understood that China could not sustain population growth and slowed it precipitously.

Moving people from places where they live in fear to an America where they can live in peace and prosperity is neutral with respect to worldwide population. But it may do environmental damage if it means changing to an environmentally more destructive lifestyle. That makes it doubly important to control, limit and reduce environmental damage. It means that we should, must, continue to invest in ways to reduce our use of fossil fuels, and increase our use of solar and wind energy and passive solar heating. We must control our overuse of water, and invest in better ways to use it. We need to rethink our national land-use policies – it makes little sense to irrigate deserts for farmland and build suburbs on productive lands. We are shifting farmland from places that have plenty of water to those that don’t. That is not only wasteful, it also leads to drought, salinization of the land, and makes other settled places unlivable, save at the enormous cost of desalinization of seawater.

Ultimately both our goals for immigration and our goals for America, our children and grandchildren must be driven by concern for the people who will inhabit it. That means care and concern for the immigrants themselves, and care for everyone, those we are strongly attached to and all the people of the earth, expressed through environmental policies that can keep the earth habitable. In that effort we all have to be willing to share and accept effective regulation. There is no other way.

And yes, protecting the lives of our children and grandchildren requires some sacrifice. But aren’t the sacrifices we make for those we deeply care about one of the most satisfying things we get to do? All our faiths confirm those duties and affirm the joy of giving and caring. It’s hard to think of people as deserving who are unwilling to share in the general sacrifices for their and our offspring.

— This commentary was broadcast on WAMC Northeast Report, April 5, 2016.

 


Refugees and the Impact of Immigration

December 1, 2015

Two things have been capturing our attention, the plight of Syrian refugees, and the environmental summit in Paris. They are in fact closely connected.

First, immigration is valuable to us. Immigrants bolster national power – it matters that China and India have a billion people each. Immigrants grow the economy and make it easier to sustain what’s left of our social safety net because they work and contribute. They are productive  partly because they are new blood, and look at things with new eyes. This country has been at the forefront of innovation since it was founded because mixing peoples from different countries and parts of the globe consistently stimulated and refreshed the American economy. With globalization that is even more important. So for national security, economic health and continuing the path of American innovation, immigration is a big plus. In the case of refugees, generosity is also a big plus, good for our hearts and good for making America the world’s destination.

Immigration is not without problems. In the short run, the impact on jobs seems to be a wash – immigrants compete for existing jobs but create new ones by expanding the market. There is reason for concern that some supporters of DAESH (also called ISIL) could get in, but DAESH now has American supporters with passports. So the problem is much broader and needs to be dealt with in a broader way – Americanizing immigrants by reaching out, welcoming and including them in our activities.

But there is a problem. World population has tripled since I was a youngster. That’s an explosion. Chinese authorities understood that China could not sustain population growth and slowed it precipitously. Immigration initially doesn’t change world population. But the ultimate impact will result from improved health, cultural change, and rising living standards. Americans consume far more than our proportion of the world’s resources and we produce far more carbon dioxide and other toxins than our proportion of the world’s population. That is ground for concern. And immigration will stress the environment of some states and communities.

We can enjoy the benefits of immigration IF we can limit and reduce the environmental damage. It means that we should, must, continue to invest in ways to reduce our use of fossil fuels, and increase our use of passive solar heating and solar and wind energy. We must control our overuse of water, and invest in better ways to use it. We need to rethink our national land-use policies – irrigating deserts for farmland and building suburbs on productive lands with an abundance of water is wasteful, leading to drought, salinization of the land, and making many places unlivable.

Ultimately both our goals for immigration and our goals for America, our children and grandchildren must be driven by concern for the people who will inhabit it. That means care and concern for the immigrants and all of us, expressed through environmental policies that can keep the earth habitable. In that effort we have to be willing to share and accept effective regulation. There is no other way.

— This commentary was broadcast on WAMC Northeast Report, December 1, 2015.


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