The Infrastructure Bill: A Controversial Investment in Climate Justice and Resilience
By: Sarah Davidson (3/10/22)
On November 15, 2021, President Joe Biden signed the $1.2 trillion Infrastructure Investment and Jobs Act into law.[1] Among other measures, the bill includes the largest amount of money ever spent by the United States government to mitigate the effects of climate change.[2] The legislation designates $47 billion for climate resilience and $65 billion for clean energy investment.[3] In a landmark for climate legislation, the bill received bipartisan support from Congress with direct Republican involvement in crafting climate resilience clauses.
Significant climate-related provisions in the bill include $11.6 billion of construction funds for various projects, such as flood control and river dredging, $1 billion for water recycling and reuse, $492 million to map and forecast inland and coastal flooding, $250 million for desalination programs, and $50 million to predict, model, and forecast wildfires. The legislation will triple the budget of a FEMA program aimed at reducing property damage by buying or elevating homes at risk of flooding. Furthermore, the Department of Agriculture will receive $500 million for “wildfire defense grants to at-risk communities” that can help people alter their homes or surroundings to blunt the impact of wildfires. Finally, the Bureau of Indian Affairs will obtain $216 million to promote climate resilience and adaptation among tribal nations.[4]
Proponents of the bill argue that it would result in the most significant emissions reduction in U.S. history. Emissions would fall by over a gigaton by 2030, which translates into a decrease of roughly 32% to 36% below 2005 levels. In addition, the legislation could have indirect financial benefits by preventing damage from future environmental catastrophes. In 2020 alone, twenty-two climate disasters that cost at least $1 billion occurred in the United States.[5]
Numerous Republican lawmakers have objected to the infrastructure bill on the grounds that its climate provisions are a misuse of government money. House Minority Leader Kevin McCarthy (R-CA) argued that the legislation includes “reckless, irresponsible spending.”[6] Representative Kay Granger (R-TX) labeled the package “a socialist plan full of crushing taxes and radical spending.”[7] Other prominent Republicans have argued that the infrastructure bill’s clauses aimed at fighting climate change would damage the economy by disincentivizing investment in the fossil fuel industry and destroying traditional energy jobs.[8]
On the other hand, numerous critics allege that the legislation falls far short of the levels of government action needed to prevent the worst effects of climate change. A 36% drop in emissions would not realize Biden’s pledge to halve greenhouse gas emissions by 2030.[9] Furthermore, the bill may prevent attempts to challenge environmentally destructive projects. For example, the legislation imposes new restrictions on environmental impact assessments that would mandate their completion in under two years. The legislation also limits environmental impact assessments to 200 pages, which could lead to incomplete evaluations and potentially undercut environmental protections. Karen Sokol, a professor at Loyola University New Orleans College of Law, asserted that the act would “perpetuate historic environmental injustices and the racism the Biden administration was purportedly tackling.”[10]
Advocates for the infrastructure bill argue that it would address environmental racism by creating an environmental justice framework called Justice40, which “commits the federal government to directing 40% of climate and energy investments into communities impacted by environmental injustice.” Specifically, it would address disproportionate exposure to pollution and climate hazards in communities of color and low-income areas through initiatives that include the replacement of lead pipes, waste removal, and public transit expansion.[11]
[1] Jacob Pramuk, “Biden Signs $1 Trillion Bipartisan Infrastructure Bill into Law, Unlocking Funds for Transportation, Broadband, Utilities,” CNBC, November 16, 2021, https://www.cnbc.com/2021/11/15/biden-signing-1-trillion-bipartisan-infrastructure-bill-into-law.html.
[2] Coral Davenport, and Christopher Flavelle. “Infrastructure Bill Makes First Major U.S. Investment in Climate Resilience,” New York Times, November 6, 2021, https://www.nytimes.com/2021/11/06/climate/infrastructure-bill-climate.html.
[3] Ben Geman, “What the $1.2 Trillion Infrastructure Bill Means for Climate Change,” Axios, November 8, 2021, https://www.axios.com/infrastructure-bill-climate-change-clean-energy-8b4403e4-b25c-4128-99ea-b2a5069883f3.html.
[4] Davenport, “Infrastructure Bill.”
[5] Davenport, “Infrastructure Bill.”
[6] Kelsey Vlamis, “Republicans are going after their own after 13 voted with House Democrats in favor of the bipartisan infrastructure bill,” Business Insider, November 6, 2021, https://www.businessinsider.com/republicans-criticize-13-colleagues-who-voted-for-infrastructure-bill-2021-11.
[7] Erin B. Logan, and Anumita Kaur, “Republicans who voted against Biden’s infrastructure bill are touting its projects anyway,” Los Angeles Times, January 24, 2022, https://www.latimes.com/politics/story/2022-01-24/these-republicans-voted-against-bidens-infrastructure-bill-theyre-running-on-it-anyway.
[8] Sylvan Lane, “Senators spar over Biden green energy infrastructure push,” The Hill, April 22, 2021, https://thehill.com/policy/finance/549782-senators-spar-over-biden-green-energy-infrastructure-push.
[9] Megan Mahajan, “Infrastructure Bill Could Be Strongest-Ever U.S. Climate Action-If Congress Acts,” Forbes, October 22, 2021, https://www.forbes.com/sites/energyinnovation/2021/10/22/infrastructure-bill-could-be-strongest-ever-us-climate-action-if-congress-acts/?sh=57b63d18384d.
[10] David Sherfinski, “Analysis: U.S. Infrastructure Deal Threatens to Undercut Key Environmental Law,” Reuters, September 29, 2021, https://www.reuters.com/legal/litigation/us-infrastructure-deal-threatens-undercut-key-environmental-law-2021-09-29/.
[11] Brentin Mock, and Hadriana Lowenkron, “The Infrastructure Bill is a Trillion-Dollar Test for Environmental Justice,” Bloomberg City Lab, August 11, 2021, https://www.bloomberg.com/news/articles/2021-08-11/an-infrastructure-bill-built-on-environmental-justice.