Ten states, along with numerous Louisiana parishes, two Louisiana towns, and a number of Louisiana levee and drainage districts, filed a lawsuit in the federal district court for the Eastern District of Louisiana alleging that the Federal Emergency Management Agency (FEMA) had adopted a new methodology for calculating flood insurance rates in the National Flood Insurance Program that would make flood insurance much more expensive . The plaintiffs asserted that this methodology, called Risk Rating 2.0—Equity in Action, “ignores historical observed flood events and demonstrably effective mitigation efforts in favor of future flood hypotheticals to determine the flood risk of each insured property.” The plaintiffs argued that the new methodology was contrary to law; arbitrary and capricious; and unconstitutional. They alleged that FEMA acted arbitrarily and capriciously by failing to consider the reliance interests of those affected and by failing to take into account important aspects of the problem, including by considering “inappropriate factors” such as “future climate change,” which the plaintiffs alleged “does not relate to the risk a property actually faces today.” The complaint also asserted that the methodology was arbitrary and capricious because it departed from prior policy without adequate justification and that FEMA “acted pretextually” by “tweaking flood insurance rates to meet its separate objective of addressing future climate change.” In addition, the complaint asserted that FEMA adopted the methodology without compliance with notice-and-comment requirements, exceeded its statutory authority, failed to comply with NEPA, and violated the Spending Clause.

Lawsuit challenging the Federal Emergency Management Agency's adoption of a new methodology for calculating flood insurance rates in the National Flood Insurance Program.

Louisiana v. Mayorkas

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Lawsuit Challenged New FEMA Methodology for Setting Flood Insurance Rates, Including for Allegedly Improper Consideration of Future Climate Change

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

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Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

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Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

People whose sexual orientation, gender identity, or gender expression differs from the majority or societal norms

People who are less able to respond to the effects of climate change due to having limited financial or physical assets

A loan is a policy instrument where funds are provided to a borrower with the expectation of repaying the principal plus interest.

Financial support to help individuals manage the effects of unexpected events, securing their livelihoods and increasing the resilience of people and businesses to the changing climate. It’s especially vital in developing regions where everyday risks, climate-related weather extremes, or crop failures can push people into poverty. Without insurance, people may have to resort to selling assets or cutting consumption to cope with losses.

Codes and standards are regulatory instruments that specify minimum standards to protect health and safety. This ranges from performance standards, which prescribe outcomes while allowing flexibility to achieve compliance, to the more prescriptive approach of technology-specific standards.

A ban is a legal action that prevents the sale or supply of a product or service, or that recalls a product from the market. Examples are bans on SF6, greenwashing, fossil fuel advertisement or single-use plastics.

Either money or something of monetary value is transferred between two or more organisations, people or countries.

Conditions that enhance the feasibility of adaptation options. Enabling conditions include finance, technological innovation, strengthening policy instruments, institutional capacity, multi-level governance and changes in human behaviour and lifestyles.

Actions or measures to adapt freshwater systems to climate change.

Actions to adapt and increase the resilience of rural and urban infrastructure and settlements to climate change.

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Extreme weather refers to events where a weather variable exceeds (or falls below) a threshold. Meaning it is significantly different from the average or usual weather pattern.

Social protection systems consist of policies that help people manage social risks in order to prevent poverty and maintain decent incomes and living standards

Oil is a combustible liquid fossil fuel composed mainly of hydrocarbons, occurring as crude oil and refined into petroleum products such as petrol, diesel and kerosene.

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The activities of industries involved in the production, distribution, and sale of energy, including electricity, gas, and renewables.

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This sector involves the wholesale and retail selling of goods.

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Activities involving the catching, processing, and selling of fish for food, recreation, and industry.

Climate change can have a range of impacts on technological system. Extreme weather events can cause infrastructure failures like power outages or damage to roads and bridges, as well as the impacts from waste following natural disasters. Human activities also cause technological impacts, such as the risks posed by oil spillage and leaks.

Heavy precipitation refers to any form of weather where substances fall from the sky, including rain, snow, sleet, or hail.

Lawsuit Challenged New FEMA Methodology for Setting Flood Insurance Rates, Including for Allegedly Improper Consideration of Future Climate Change

Policy instrument

Risk

Impacted group

Just transition

Fossil fuel

Economic sector

Adaptation/resilience

Finance