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Climate Change and the Puget Sound: Building the Legal Framework for AdaptationRobert L. GlicksmanGeorge Washington University - Law School Catherine O'NeillSeattle University School of Law Ling-Yee Huangaffiliation not provided to SSRN William L. AndreenUniversity of Alabama - School of Law Robin Kundis CraigUniversity of Utah S.J. Quinney College of Law Victor Byers FlattUNC Chapel Hill School of Law; University of Houston Global Energy Management Institute William FunkLewis & Clark Law School Dale D. GobleUniversity of Idaho College of Law Alice KaswanUniversity of San Francisco - School of Law Robert R. M. VerchickLoyola University New Orleans College of Law June 10, 2011 Center for Progressive Reform White Paper No. 1108 Lewis & Clark Law School Legal Studies Research Paper No. 2011-18 Abstract: The scope of climate change impacts is expected to be extraordinary, touching every ecosystem on the planet and affecting human interactions with the natural and built environment. From increased surface and water temperatures to sea level rise and more frequent extreme weather events, climate change promises vast and profound alterations to our world. Indeed, scientists predict continued climate change impacts regardless of any present or future mitigation efforts due to the long-lived nature of greenhouse gases emitted over the last century. The need to adapt to this new future is crucial. Adaptation may take a variety of forms, from implementing certain natural resources management strategies to applying principles of water law to mimic the natural water cycle. The goal of adaptation efforts is to lessen the magnitude of these impacts on humans and the natural environment through proactive and planned actions. The longer we wait to adopt a framework and laws for adapting to climate change, the more costly and painful the process will become. This publication identifies both foundational principles and specific strategies for climate change adaptation across the Puget Sound Basin. The projected impacts themselves of climate change in the region were well studied in a landmark 2009 report by the state-commissioned Climate Impacts Group. This publication analyzes adaptation options within the existing legal and regulatory framework in Washington. Recognizing the economic and political realities may not lead to new legislation, the recommendations focus on how existing laws can be applied and made more robust to include climate change adaptation.
Number of Pages in PDF File: 81 Keywords: climate change, adaptation, prior appropriation, sea level rise, planning, disaster law, public health, clean air act, clean water act, adaptive management, flexibility, uncertainty Accepted Paper SeriesDate posted: June 13, 2011 ; Last revised: February 3, 2013Suggested CitationContact Information
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