Document Type
Article
Publication Date
Spring 2020
Abstract
This Article examines the social justice implications of federal buyout programs as the United States increasingly confronts sea level rise and the necessity of managed retreat. Focusing primarily on the Federal Emergency Management Agency’s (FEMA) Hazard Mitigation Grant Program (HMGP), as well as related programs administered under the Stafford Act and through HUD’s Community Development Block Grants, the Article argues that existing buyout mechanisms risk perpetuating and exacerbating racial and economic inequalities. Drawing on empirical studies, case examples, and interdisciplinary scholarship, it demonstrates that structural features of the HMGP—lengthy post-disaster timelines, cost-benefit analysis methodologies that privilege high-value properties, matching-fund requirements, and decentralized local administration—systematically disadvantage socially vulnerable communities. These communities, often characterized by higher poverty rates and lower political capital, are both more exposed to climate risk and less able to navigate protracted and bureaucratic recovery processes. The Article further contends that the top-down, parcel-by-parcel design of buyouts undermines community cohesion and fosters distrust, thereby reducing participation and long-term effectiveness. In response, it proposes a more equitable framework for managed retreat that emphasizes proactive planning, expanded pre-disaster funding, revised cost-benefit criteria incorporating environmental justice considerations, and robust community engagement and relocation planning. By redesigning federal buyout programs to center social vulnerability, policymakers can transform managed retreat from a reactive disaster-relief tool into a just and forward-looking climate adaptation strategy.
Recommended Citation
Travis Brandon, Sea Level Rise Planning for Socially Vulnerable Communities: A More Equitable Approach to Federal Buyout Programs, 97 U. Det. Mercy L. Rev. 435 (Spring 2020).
