Global warming: Where is the law that addresses this issue?

The media reports numerous stories about the developing global catastrophe associated with human-induced global warming. And if these accounts are to be believed, the future is bleak. Predictions include rising sea levels that will flood coastal areas throughout the world, as well as increasing global temperatures that will cause droughts, species migrations, and crop failures. In the face of this expected global cataclysm, significant legislative and policy initiatives would be expected. Historically, environmental issues have been addressed through comprehensive legislative and regulatory programs; however, human-induced global warming has resulted in virtually no legislative action. With few exceptions, no laws address this issue. To make matters worse, federal or state politicians are not promoting legislation, in any significant way. Even in the midst of a presidential campaign, no serious proposals address global warming. Why? Perhaps the issue is too complex. Perhaps the issue is perceived as having long-term consequences with no short-term political benefits. Or, perhaps many politicians are unsure that the dire media reports are actually true. Many developers and builders are interested in environmentally-friendly construction. Even more would be interested if tax incentives or government subsidies existed. It should be obvious to our governmental leaders, both in Washington D.C. and Albany, that tax incentives, and to a lesser degree, governmental subsidies would provide critical motivation to address what is perceived as a growing problem. Tax deductions or credits for developing environmentally-friendly buildings would provide significant incentives to the development community. Similarly, tax incentives for the purchase of vehicles that have excellent gas mileage could have a strong impact. Similar incentives for energy-efficient appliances could be established. Governmental initiatives are also necessary to promote solar and wind technologies that generate electricity without fossil fuels. These technologies are generally more expensive to develop when compared to fossil fuel power plants. As a result, governmental incentives in the form of subsidies or tax benefits are critical. In recent months, applications for new nuclear power plants, the first in decades, have been submitted as a result of governmental incentives. To be fair, there are some limited initiatives associated with climate change. On the federal level, court decisions providing issues associated with global warming must be considered in environmental impact statements associated with certain projects. This does not, however, necessarily result in specific action. Also, the New York State Department of Environmental Conservation has recently issued proposed regulations to implement a regional greenhouse gas initiative, part of a regional agreement with nine other states, to reduce greenhouse gas emissions from power plants and to develop carbon dioxide offset allowances for emission reductions. Perhaps there are other limited initiatives, but not one broad based legislation or policy addresses this problem. The tax benefits and subsidies discussed above have the potential to address global warming on a national and state level, and should also result in a reduction in the use of fossil fuels, a critical goal of great importance. James Riganois a partner with Certilman Balin Adler & Hyman, LLP, East Meadow, N.Y.