Climate Change Impacts on Ocean and Coastal Law U.S. and International Perspectives

About this book

Ocean Law and Coastal Law have grown rapidly in the past three decades as specialty areas within natural resources law and environmental law. The protection of oceans has received increased attention in the past decade because of the global overfishing crisis, widespread depletion of marine living resources (such as marine mammals and coral reefs), and oil pollution. During this same period, climate change regulation has emerged as a focus of international environmental diplomacy, and has gained increased attention in the wake of disturbing and abrupt climate change related impacts throughout the world that have profound implications for ocean and coastal regulation and marine resources.

Climate Change Impacts on Ocean and Coastal Law effectively brings together the two worlds of climate change and ocean and coastal management. It raises important questions about whether and how ocean and coastal law will respond to the regulatory challenges that climate change presents to resources in the oceans and coasts of the U.S. and the world. This comprehensive work assembles the insights of global experts from academia and major NGOs (e.g., Center for International Environmental Law, Ocean Conservancy, and Environmental Law Institute) to address regulatory challenges from the perspectives of U.S. law, foreign domestic law, and international law.

Contents

Editor and Contributor Biographies
Acknowledgments
Foreword by Robin Kundis Craig, William H. Leary Professor of Law, University of Utah, S.J. Quinney College of Law
Preface
Introduction

Chapter 1: Climate Change Impacts on Ocean and Coastal Law: Scientific Realities and Legal Responses
Randall S. Abate and Dr. Sarah Krejci

Part I: Oceans
Chapter 2: Curbing CO₂ Pollution: Using Existing Laws to Address Ocean Acidification
Miyoko Sakashita
Chapter 3: Using the Clean Air Act to Address Ocean Acidification
Dr. Margaret E. Peloso
Introduction to the Magnuson-Stevens Act (provides context for Chapters 4-6)
Chapter 4: Moving Targets: Fisheries Management in New England in the Midst of Climate Change
Susan Farady
Chapter 5: Responding to Climate Change Impacts to Fisheries and Marine Habitat in the Gulf of Mexico
Dr. Richard McLaughlin
Chapter 6: Climate Change Impacts to Fisheries and Habitat in the Pacific and the Arctic
Janis Searles Jones, Ivy Fredrickson, and Adena Leibman
Chapter 7: The Endangered Species Act and Marine Species Protection in the Climate Change Era
Alexis K. Segal
Chapter 8: Offshore Wind and Wave Energy and Ocean Governance
Megan Higgins and Jason Busch
Chapter 9: Marine Mammal Protection Act Implementation in an Era of Climate Change
Keith Rizzardi
Chapter 10: Confronting the Marine Invasive Species Threat: Practical and Legal Challenges
Stephanie Showalter Otts
Chapter 11: The Impact of Marine Invasive Species on Endangered Species Protection Efforts in a Changing Ocean Environment
Eric Hull
Chapter 12: Climate Change and the International Law of the Sea: Mapping the Legal Issues
Dr. Marcos A. Orellana
Chapter 13: Governance of Arctic Ocean Marine Resources
Dr. Kamrul Hossain
Chapter 14: Climate Change and the Shifting International Law and Policy Seascape for Arctic Shipping
Dr. David L. VanderZwaag
Chapter 15: Governance of Climate Change Impacts on the Antarctic Marine Environment
Elizabeth Burleson and Jennifer Huang
Chapter 16: Climate Geoengineering and Dispute Settlement under UNCLOS and the UNFCCC: Stormy Seas Ahead?
Dr. Meinhard Doelle
Chapter 17: The Regulation of Ocean Fertilization and Marine Geoengineering under the London Protocol
Bettina Boschen
Chapter 18: Law, Climate Change, and the Marine Environment in the Indian Ocean Region
Dr. Erika Techera

Part II: Coasts
Chapter 19: Climate Change and the Coastal Zone Management Act: The Role of Federalism in Adaptation Strategies
Chad McGuire
Chapter 20: Coastal Construction and Beach Renourishment in the New Climate
Patrick W. Krechowski
Chapter 21: Temporary Takings, More or Less
Timothy M. Mulvaney
Chapter 22: Climate Change Adaptation Strategies in New England
Julia Wyman
Chapter 23: The Role of Alaska Natives in Climate Change Decision-Making in the Alaskan Arctic
David Roche, Ramona Sladic, Jordan Diamond, and Dr. Kathryn Mengerink
Chapter 24: Rising to the Challenge: California Climate Change Adaptation
Sara Aminzadeh
Chapter 25: Sea Level Rise and Species Survival along the Florida Coast
Jaclyn Lopez
Chapter 26: Sea Level Rise and a Sinking Coast: How Louisiana Coastal Communities are Addressing Climate Change
Melissa Trosclair Daigle
Chapter 27: Coastal Climate Change Adaptation and International Human Rights
Megan M. Herzog
Chapter 28: The Ebb and Flow of Coastal Adaptation in Australia
Jan McDonald
Chapter 29: Legal and Policy Responses to Climate Change in the Philippines
Dr. Lowell Bautista

Index

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