Blog By: Abigail Barford
“Florida rejects the designs of the left to weaken our energy grid, pursue a radical climate agenda, and promote foreign adversaries.” – @GovRonDeSantis via X.[i]
Prior to the start of an infamous hurricane season, on May 15, 2024, Florida Governor Ron DeSantis signed and passed House Bill 1645, which went into effect July 1, 2024.[ii] The new legislation “eliminate[s] climate change as a priority in making energy policy decisions. . . . [and] also remove[s] most references to climate change in state law.”[iii] The Republican-led measure bans offshore wind turbines – which currently do not exist in Florida’s waters – and “weakens regulations on natural gas pipelines.”[iv] Additionally, the “wide-ranging law makes several changes to the state’s energy policy – in some cases deleting entire sections of state law that talk about the importance of cutting planet-warming pollution.”[v] The legislation also deletes a requirement that any vehicles purchased by Florida be fuel efficient.[vi]
The passing of this legislation has been met with significant criticism. For example, Emily Hammond, a law professor at George Washington University, stated, “[w]hat Florida is really doing is saying we’re going to deemphasize any policies that would help mitigate climate change.”[vii] Some “[c]ritics [have] said the measure made law by the former Republican presidential hopeful ignores the reality of climate change threats in Florida, including projections of rising seas, extreme heat and flooding and increasingly severe storms.”[viii] Over fifty lines in Florida state law, all addressing climate change, were removed by the recent legislation.[ix] One criticism of the legislation is that it is “further evidence of Florida’s continued backtracking on climate policy, after being a leader more than [fifteen] years ago under then-Gov. Charlie Crist.”[x] Bradley Marshall, a senior attorney at the Florida office of Earthjustice, a nonprofit environmental law firm, stated, “‘[o]ut in the real world, citizens are dealing with devastating impacts as our climate heats up and gets more volatile,’ . . . . ‘Heat is killing our reefs, our creatures, and even our citizens. State leaders should be doing all they can to protect and prepare us.’”[xi]
In June 2024, while touring “flood-ravaged areas of South Florida,” Governor DeSantis defended the legislation by describing the changes as a reflection of “a substantive position about what is in the best interest of the state.”[xii] DeSantis stated, “‘[r]egardless of what you choose in that, it isn’t going to prevent [the State of Florida] from having tropical weather during tropical season’ . . . . ‘That’s just baked in the cake.’”[xiii] DeSantis continued, “[b]ut we have definitely said affordability for Floridians is important. We want low energy costs. And that means you’ve got to utilize things like natural gas.’”[xiv] The Florida Governor insists that the priority of the new energy policy legislation is to ensure that it “‘promotes the health and welfare of the public and economic growth,’ as spelled out in a [Florida house of representatives] legislative analysis.”[xv]
Florida is one of the most impacted states in the United States when it comes to climate change. Florida is impacted every year by rising temperatures, rising sea levels, and increasingly tumultuous hurricanes and tropical storms.[xvi] Given the drastic impact the deteriorating climate has on the state, “‘Florida should be the last state to stand in the way of fighting climate change,’” as stated by Michael Gerrard, founder of the Sabin Center of Climate Change Law at Columbia University.[xvii] It would be in Florida’s best interest for Governor DeSantis and Florida’s other politicians to consult environmental and climate experts and reconsider reinstating legislation that actively combats climate change.
[i] Ron DeSantis (@GovRonDeSantis), X (May 15, 2024, 3:58 PM), https://x.com/govrondesantis/status/1790834198682480874?s=46 [https://perma.cc/M6N2-37B3].
[ii] Mitch Perry, DeSantis signs bill erasing the term ‘climate change’ from state law, Fla. Phoenix (May 15, 2024, 4:39 PM), https://floridaphoenix.com/2024/05/15/desantis-signs-bill-erasing-the-term-climate-change-from-state-law/ [https://perma.cc/J4V5-Z56M].
[iii] Anna Phillips, DeSantis signs bill scrubbing ‘climate change’ from Florida law, The Wash. Post (May 15, 2024, 3:46 PM), https://www.washingtonpost.com/climate-environment/2024/05/15/florida-law-climate-change-desantis-energy/ [https://perma.cc/CDC8-2MVT].
[iv] Id.
[v] Ella Nilsen, As sea levels rise, DeSantis signs bill deleting climate change mentions from Florida state law, CNN (May 15, 2024), https://www.cnn.com/2024/05/15/politics/desantis-bill-climate-change-florida/index.html [https://perma.cc/A5UA-97EH].
[vi] Id.
[vii] Id.
[viii] DeSantis, amid criticism, signs Florida bill making climate change a lesser state priority, AP News (May 15, 2024, 6:20 PM), https://apnews.com/article/florida-desantis-climate-change-environment-b8230e47da342b9379fa054d197b278a [https://perma.cc/6H55-T4C7].
[ix] Perry, supra note ii.
[x] Bruce Ritchie, Florida has unraveled climate goals for years. DeSantis struck the latest blow., Politico(June 15, 2024, 7:00 AM), https://www.politico.com/news/2024/06/15/ron-desantis-florida-climate-change-00163504 [https://perma.cc/Z9TF-JHAZ].
[xi] Craig Pittman, By signing bill deleting climate change from FL law, DeSantis shows he’s living in denial, Fla. Phoenix (May 23, 2024, 7:00 AM), https://floridaphoenix.com/2024/05/23/by-signing-bill-deleting-climate-change-from-fl-law-desantis-shows-hes-living-in-denial/ [https://perma.cc/L8X2-EFQP].
[xii] Ritchie, supra note ix.
[xiii] Ritchie, supra note ix.
[xiv] Ritchie, supra note ix.
[xv] Perry, supra note viii.
[xvi] Nilsen, supra note iv.
[xvii] Nilsen, supra note iv.