Tagged: Policy

Navigating Litigation Floodwaters: Legal Considerations for Funding Municipal Stormwater Programs

Published by the National Association of Clean Water Agencies (NACWA), Navigating Litigation Floodwaters provides an overview of legal issues associated with user-fee funded municipal separate storm sewer systems (MS4s) stormwater programs, as well as a summary of selected legal decisions and pending cases. The report represents how different courts across the nation have addressed  the issue of stormwater management, the types of legal analyses that have been used when evaluating MS4 fee programs and the kinds of factors that have been relevant in the courts’ deliberations.

Coastal Management in the Face of Rising Seas: Legal Strategies for Connecticut

This article examines legal strategies to help state and local governments reconcile these governance challenges when adapting to sea level rise (SLR). In the context of Connecticut state law, this article examines how land use regulations can be used to ensure that coastal development is more resilient to SLR impacts and less harmful to coastal ecosystems.

Adapting to Climate Change: The Potential Role of State Common-Law Public Trust Doctrines

This article from the Vermont Law Review demonstrates that water law can provide a legal mechanism for climate change adaptation. Specifically, the article agues that within water law, state public trust doctrines can provide legal support for climate change adaptation regimes.

Legal Considerations for Climate Change Impacts on Tribes’ Off-Reservation Resources

Roughly 1. 2 million U. S. tribal members living on or near reservations are experiencing constraints on their lifestyles and economic activity due to the impacts of climate change. Forest resources are deteriorating due to invasive species, while salmon are threatened by warmer water temperatures. In the United States, the federal government has an obligation to exercise legal authorities to protect tribal lands, resources and rights. Because ecosystems and ecosystem impacts permeate jurisdictions and borders, tribal dependence on the land extends beyond on-reservation resources.

Transforming the Means and Ends of Natural Resource Management

This article, from the North Carolina Law Review, addresses limitations of existing regulatory systems to manage the effects of climate change on natural resources in the United States. The Article explores the implications of continuing to rely on conventionally static and fragmented decision making, passive management, and historical preservation when global climatic shifts are widely expected to lead to rapid changes in ecological systems that are unforeseen, novel, and potentially detrimental to ecological diversity and function.

General Design Principles for Resilience and Adaptive Capacity in Legal Systems: Applications to Climate Change Adaptation Law

This Article explores ways to think about designing legal instruments and institutions to be resilient and adaptive to climate change impacts – described as "massive, variable, and long-term." The article reviews resilience theory in a framework relevant to lawyers, and explores general design principles for legal systems.