Legal Tools for Climate Adaptation Advocacy: Flood Insurance

Flooding is one of the most costly natural hazards. As climate changes and sea level rises this danger will only increase. A common sense insurance regime could have a significant positive impact on the responsible management of flooding risks. It would incentivize responsible development of coastal areas as well as provide a pool of money of sufficient size to cover rebuilding costs without the expense to tax payers of ad hoc disaster relief acts. In response to serious flooding events congress passed the Biggert-Waters Flood Insurance Reform Act (Biggert-Waters), which undertook to establish such a regime by reforming the existing National Flood Insurance Program. This effort was met with significant backlash culminating in the Homeowner Flood Insurance Affordability Act of 2014 (Affordability Act). The Affordability Act undoes or delays many of the measures in Biggert-Waters that were intended to create a sustainable and responsible insurance regime. Flooding risks will only become more pressing with time and for those interested in this matter this paper suggest means by which citizens may sway decision makers towards a sensible regime.This paper explores the impact that climate change will have on flooding and provides details on the operation and functions of the National Flood Insurance Program (NFIP). The paper then discuss the ways the current regime discourages adaptation to climate change, and offers suggestions for how readers can promote climate change adaptation by advocating for changes to the NFIP.