Question of Liability for Emissions from Land Development in Relation to New York State Climate Change Plan

Abstract

The question of liability (responsibility) for loss and damage (L&D) associated with climate change often ignores the liability for L&D from greenhouse gas (GHG) emissions which are the source of climate change-related impacts. New York State (NYS) recognizes its responsibility regarding climate change as documented in the NYS Climate Leadership and Community Protection Act (CLCPA) (Senate Bill S6599), which put forward the goal of reducing greenhouse gas emissions from all anthropogenic sources 100% over 1990 levels by the year 2050, with an incremental target of at least a 40% reduction in climate pollution by the year 2030. The current NYS carbon footprint (CF) does not include soil-based GHG emissions from land developments, preventing the state from reaching its net-zero emission goals. The current study addresses this shortcoming by quantifying the “realized” social costs of CO2 (SC-CO2) emissions for NYS from all land developments (12,037.5 km2, midpoint 1.7 × 1011 of total soil carbon (TSC) losses with midpoint $28.5B (where B = billion = 109, USD)) in social costs of carbon dioxide emissions, SC-CO2) and “new” land developments (485.2 km2) in the period from 2001 to 2016, which caused a complete loss of midpoint 6.6 × 109 kg of TSC resulting in midpoint $1.1B SC-CO2. All NYS’s counties experienced land conversions, with most of the developments, TSC losses, and SC-CO2 occurred near the existing urban areas of New York City (NYC), Long Island, and Albany. Land conversion to developments creates additional liability by the loss of future GHG sequestration potential in developed areas. In addition, there is a substantial future liability in NYS from climate change impacts, such as the projected sea-level rises will impact 17 of NY’s 62 counties, which will cause high costs of adaptation. Incorporation of land use/land cover change (LULCC) analysis can help better quantify the CF and identify ways to reduce GHG emissions and the associated liabilities and compensations to help achieve some of the United Nations (UN) Sustainable Development Goals (SDGs).