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

Ocean and coastal law has grown rapidly in the past three decades as a specialty area within natural resources law and environmental law. The protection of oceans has received increased attention in the past decade because of sea-level rise, ocean acidification, the global overfishing crisis, widespread depletion of marine biodiversity such as marine mammals and coral reefs, and marine pollution. Paralleling the growth of ocean and coastal law, 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 unites these two worlds. 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.

Randall S. Abate is a Professor of Law, Director of the Center for International Law and Justice, and Project Director of the Environment, Development & Justice Program at Florida A&M University College of Law. Professor Abate teaches several courses in domestic and international environmental law, including the Ocean and Coastal Law, and the Climate Change Law and Indigenous Peoples. He also teaches Constitutional Law, and Animal Law. Professor Abate has published widely on environmental law topics. His articles on climate change law and justice have appeared in several law journals including the Stanford Environmental Law Journal, Cornell Journal of Law and Public Policy, Connecticut Law Review, Duke Environmental Law and Policy Forum, Washington Law Review, William & Mary Environmental Law and Policy Review, Ottawa Law Review, and Fordham Environmental Law Review. His articles on ocean law and policy have appeared in the Journal of International Wildlife Law and Policy, the Oregon Law Review, and the Pace Environmental Law Review. He also contributed a chapter on ocean iron fertilization in Climate Change Geoengineering: Philosophical Perspectives, Legal Issues, and Governance Frameworks (Wil Burns & Andrew Strauss, eds., 2013). Professor Abate is the co-editor (with Professor Elizabeth Kronk) of Climate Change and Indigenous Peoples: The Search for Legal Remedies (2013). He holds a B.A. from the University of Rochester and a J.D. and M.S.E.L. (Environmental Law and Policy) from Vermont Law School.

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