-
Climate Change and Existing Law: A Survey of Legal Issues Past, Present, and Future
-
Summary: This report surveys existing law for legal issues that have arisen, or may arise in the future, on account of climate change and government responses thereto. At the threshold of many climate-change-related lawsuits are two barriers—whether the plaintiff has standing to sue and whether the claim being made presents a political question. Both barriers have forced courts to apply amorphous standards in a new and complex context. Efforts to mitigate climate change—that is, reduce greenhouse gas (GHG) emissions—have spawned a host of legal issues. The Supreme Court resolved a big one in 2007: the Clean Air Act (CAA), it said, authorizes EPA to regulate GHG emissions. EPA’s subsequent efforts to carry out that authority have been sustained by the D.C. Circuit. Another issue is whether EPA’s “endangerment finding” for GHG emissions from new motor vehicles will compel EPA to move against GHG emissions from other sources, and, if EPA does, whether the CAA authorizes cap- and-trade programs. Still other mitigation issues are (1) the role of the Endangered Species Act in addressing climate change; (2) how climate change must be considered under the National Environmental Policy Act; (3) liability and other questions raised by carbon capture and sequestration; (4) constitutional constraints on land use regulation and state actions to control GHG emissions; and (5) whether the public trust doctrine applies to the atmosphere. Liability for harms allegedly caused by climate change has raised another crop of legal issues. The Supreme Court decision that the CAA bars federal judges from imposing their own limits on GHG emissions from power plants has led observers to ask: Can plaintiffs alleging climate change harms still seek monetary damages, and are state law claims still allowed? The two rulings so far say no to the former, but split on the latter. Questions of insurance policy coverage are also likely to be litigated. Finally, the applicability of international law principles to climate change has yet to be resolved.Water shortages thought to be induced by climate change likely will lead to litigation over the nature of water rights. Shortages have already prompted several lawsuits over whether cutbacks in water delivered from federal projects effect Fifth Amendment takings or breaches of contract. Sea level rise and extreme precipitation linked to climate change raise questions as to (1) the effect of sea level rise on the beachfront owner’s property line; (2) whether public beach access easements migrate with the landward movement of beaches; (3) design and operation of federal levees; and (4) government failure to take preventive measures against climate change harms. Other adaptation responses to climate change raising legal issues, often property rights related, are beach armoring (seawalls, bulkheads, etc.), beach renourishment, and “retreat” measures. Retreat measures seek to move existing development away from areas likely to be affected by floods and sea level rise, and to discourage new development there.
Natural disasters to which climate change contributes may prompt questions as to whether response actions taken in an emergency are subject to relaxed requirements and, similarly, as to the rebuilding of structures destroyed by such disasters just as they were before. Finally, immigration and refugee law appear not to cover persons forced to relocate because of climate change impacts such as drought or sea level rise.
Located in
Resources
/
Climate Science Documents
-
Climate change and the ecologist
-
The evidence for rapid climate change now seems overwhelming. Global temperatures are predicted to rise by up to 4 °C by 2100, with associated alterations in precipitation patterns. Assessing the consequences for biodiversity, and how they might be mitigated, is a Grand Challenge in ecology.
Located in
Resources
/
Climate Science Documents
-
Climate change and the invasion of California by grasses
-
Over the next century, changes in the global climate are expected to have major consequences for plant communities, possibly including the exacerbation of species invasions. We evaluated this possibility in the grass flora of California, which is economically and ecologically important and heavily invaded. We used a novel, trait-based approach involving two components: identifying differences in trait composition between native and exotic components of the grass flora and evaluating contemporary trait–climate relationships across the state. The combination of trait–climate relationships and trait differences between groups allows us to predict changes in the exotic-native balance under climate change scenarios. Exotic species are more likely to be annual, taller, with larger leaves, larger seeds, higher specific leaf area, and higher leaf N percentage than native species. Across the state, all these traits are associated with regions with higher temperature. Therefore, we predict that increasing temperatures will favor trait states that tend to be possessed by exotic species, increasing the dominance of exotic species. This prediction is corroborated by the current distribution of exotic species richness relative to native richness in California; warmer areas contain higher proportions of exotic species. This pattern was very well captured by a simple model that predicts invasion severity given only the trait–climate relationship for native species and trait differences between native and exotic species. This study provides some of the first evidence for an important interaction between climate change and species invasions across very broad geographic and taxonomic scales.
Located in
Resources
/
Climate Science Documents
-
Climate change and the world economy: short-run determinants of atmospheric CO2
-
Volcanic eruptions, the El Nin ̃ o Southern oscillation (ENSO), world population, and the world economy are the four variables usually discussed as influencing the short-run changes in CO2 atmospheric levels through their influence on CO2 emissions and sinks. Using proper procedures of detrending, we do not find any observable relation between the short-term growth of world population and the increase of CO2 concentrations. Results suggest that the link between volcanic eruptions, ENSO activity, and CO2 concentrations may be confounded by the coincidence of the Pinatubo eruption with the breakdown of the economies of the Soviet Bloc in the early 1990s. Changes in world GDP (WGDP) have a significant effect on CO2 concentrations, so that years of above-trend WGDP are years of greater rise of CO2 concentrations. Measuring WGDP in constant US dollars of 2000, for each trillion WGDP deviates from trend, the atmospheric CO2 concentration has deviated from trend, in the same direction, about half a part per million.
Located in
Resources
/
Climate Science Documents
-
Climate change and tropical biodiversity: a new focus
-
Considerable efforts are focused on the consequences of climate change for tropical rainforests. However, potentially the greatest threats to tropical biodiversity (synergistic interactions between climatic changes and human land use) remain understudied. Key concerns are that aridification could increase the accessibility of previously non-arable or remote lands, elevate fire impacts and exacerbate ecological effects of habitat disturbance. The growing climatic change literature often fails to appreciate that, in coming decades, climate–land use interac- tions might be at least as important as abiotic changes per se for the fate of tropical biodiversity. In this review, we argue that protected area expansion along key ecological gradients, regulation of human-lit fires, strategic forest–carbon financing and re-evaluations of agricultural and biofuel subsidies could ameliorate some of these synergistic threats.
Located in
Resources
/
Climate Science Documents
-
Climate Change Challenges and Opportunities for Global Health
-
Editorial: Journal of the American Medical Association. Health is inextricably linked to climate change. It is important for clinicians to understand this relationship in order to discuss associated health risks with their patients and to inform public policy. To provide new US-based temperature projections from downscaledclimate modeling and to review recent studies on health risks related to climate change and the cobenefits of efforts to mitigate greenhouse gas emissions. We searched PubMed from 2009 to 2014 for articles related to climate change and health, focused on governmental reports, predictive models, and empirical epidemiological studies. Of the more than 250 abstracts reviewed, 56 articles were selected. In addition, we analyzed climate data averaged over 13 climate models and based future projections on downscaled probability distributions of the daily maximum temperature for 2046-2065. We also compared maximum daily 8-hour average with air temperature data taken from the National Oceanic and Atmospheric Administration National Climate Data Center. By 2050, many US cities may experience more frequent extreme heat days. For example, New York and Milwaukee may have 3 times their current average number of days hotter than 32°C (90°F). The adverse health aspects related to climate change may include heat-related disorders, such as heat stress and economic consequences of reduced work capacity; and respiratory disorders, including those exacerbated by fine particulate pollutants, such as asthma and allergic disorders; infectious diseases, including vectorborne diseases and water-borne diseases, such as childhood gastrointestinal diseases; food insecurity, including reduced crop yields and an increase in plant diseases; and mental health disorders, such as posttraumatic stress disorder and depression, that are associated with natural disasters. Substantial health and economic co-benefits could be associated with reductions in fossil fuel combustion. For example, the cost of greenhouse gas emission policies may yield net economic benefit, with health benefits from air quality improvements potentially offsetting the cost of US carbon policies. Evidence over the past 20 years indicates that climate change can be associated with adverse health outcomes. Health care professionals have an important role in understanding and communicating the related potential health concerns and the cobenefits from reducing greenhouse gas emissions.
Located in
Resources
/
Climate Science Documents
-
Climate Change Conversations
-
THE THOUSANDS OF PRESENTATIONS AT NEXT WEEK’S MEETING OF THE AMERICAN CHEMICAL SOCIETY (ACS) in New Orleans exemplify one of the many ways scientists converse among themselves
about the most recent advances in science. Science and technology continue to reshape the
world we live in, and appreciating how these changes, both intended and unintended, come
about is a necessity for all citizens in a democratic society. Scientists have a responsibility to
help their fellow citizens understand what science and technology can and cannot do for them
Located in
Resources
/
Climate Science Documents
-
Climate change effects on stream and river temperatures across the northwest U.S. from 1980–2009 and implications for salmonid fishes
-
Thermal regimes in rivers and streams are fundamentally important to aquatic ecosystems and are expected to change in response to climate forcing as the Earth’s temperature warms. Description and attribution of stream temperature changes are key to understanding how these ecosystems may be affected by climate change, but difficult given the rarity of long-term monitoring data. We assembled 18 temperature time-series from sites on regulated and unregulated streams in the northwest U.S. to describe historical trends from 1980–2009 and assess thermal consistency between these stream categories. Statistically significant temperature trends were detected across seven sites on unregulated streams during all seasons of the year, with a cooling trend apparent during the spring and warming trends during the summer, fall, and winter. The amount of warming more than compensated for spring cooling to cause a net temperature increase, and rates of warming were highest during the summer (raw trend = 0.17°C/decade; reconstructed trend = 0.22°C/decade). Air temperature was the dominant factor explaining long-term stream temperature trends (82–94% of trends) and inter-annual variability (48–86% of variability), except during the summer when discharge accounted for approximately half (52%) of the inter-annual variation in stream temperatures. Seasonal temperature trends at eleven sites on regulated streams were qualitatively similar to those at unregulated sites if two sites managed to reduce summer and fall temperatures were excluded from the analysis. However, these trends were never statistically significant due to greater variation among sites that resulted from local water management policies and effects of upstream reservoirs. Despite serious deficiencies in the stream temperature monitoring record, our results suggest many streams in the northwest U.S. are exhibiting a regionally coherent response to climate forcing. More extensive monitoring efforts are needed as are techniques for short-term sensitivity analysis and reconstructing historical temperature trends so that spatial and temporal patterns of warming can be better understood. Continuation of warming trends this century will increasingly stress important regional salmon and trout resources and hamper efforts to recover these species, so comprehensive vulnerability assessments are needed to provide strategic frameworks for prioritizing conservation efforts.
Located in
Resources
/
Climate Science Documents
-
Climate Change Hot Spots Mapped Across the United States
-
Taking some of the fuzziness out of climate models is revealing the uneven U.S. impact of future global warming; the most severely affected region may be emerging already
Located in
Resources
/
Climate Science Documents
-
Climate change hotspots in the United States
-
We use a multi-model, multi-scenario climate model ensemble to identify climate change hotspots in the continental United States. Our ensemble consists of the CMIP3 atmosphere-ocean general circulation models, along with a high-resolution nested climate modeling system. We test both high (A2) and low (B1) greenhouse gas emissions trajectories, as well as two different statistical metrics for identifying regional climate change hotspots. We find that the pattern of peak responsiveness in the CMIP3 ensemble is persistent across variations in GHG concentration, GHG trajectory, and identification method. Areas of the southwestern United States and northern Mexico are the most persistent hotspots. The high-resolution climate modeling system produces highly localized hotspots within the basic GCM structure, but with a higher sensitivity to the identification method. Across the ensemble, the pattern of relative climate change hotspots is shaped primarily by changes in interannual variability of the contributing variables rather than by changes in the long-term mean
Located in
Resources
/
Climate Science Documents
