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How Global Warming Works

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How Global Warming Works – PowerPoint PPT presentation

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Title: How Global Warming Works


1
Presentation
  • Nature
  • Failure of Environmental law
  • Structure of Environmental Law
  • A Trust Paradigm
  • V. Role of ADR

2

Assaults on Nature Clear cuts of ancient
forest
3
Mining
4
Hanford Nuclear Reservation
  • Radioactive contamination entering
  • Columbia River

5
Bulldozer
6
(No Transcript)
7
John Day Dam, Columbia River
Worlds largest commercial fishery now at brink
of extinction
8
How Global Warming Works
9
Melting ice bergs
The polar ice cap in the arctic may have no more
summer ice by 2012
10
Portage Glacier
  • Alaska

Photos NOAA Photo Collection and Gary Braasch
WorldViewOfGlobalWarming.org
11
Polar Bears Drowning
Survival threatened by global warming
12
Effects of Global Warming
Water Supplies Dry Up - Where will the water come
from?

Glaciers on the Tibetan Plateau in China supply
the Yangtze River, which provides 40 of Chinas
water
13
Forests
  • Heating causes
  • trees to dry and
  • become susceptible
  • to insects/disease
  • Millions of acres of trees are dying

14
25-30 of species threatened by climate change
15
  • THE TIPPING POINT
  • 383 parts per million
  • 350 parts per million to
  • stabilize climate

16
End Coal
  • One more new coal fired
  • plant with its lifetime
  • Emissions of CO2, could be
  • the straw that breaks
  • the camels back. Jim
  • Hansen

17
  • Global warming threatens "not simply the Earth,
    but the fate of all its species, ?including
    humanity," Jim Hansen, Leading Climate Scientist,
    NASA
  • The world wont be fit to live in by
    mid-century James Gustave Speth, Dean, Yale
    School of Forestry

18
Governments Role in the Age of Global Warming
Mitigation - slash carbon -- cap by 2010 --
reduce by 4 year -- zero by 2050 Adaptation -
help people survive 3.6 F. degrees heating
19
Failure of Environmental Law
  • Doesnt reflect reality of nature
  • Doesnt respond to change quickly
  • Too complex
  • Too many jurisdictions
  • Fragmentation of protection
  • Ignores cumulative effects
  • Captured agencies
  • Law is unstable
  • No ethical backing
  • One LARGE experiment

20
Environmental Law Overview
  • Structure
  • Federalism
  • Separation of powers
  • Legislative
  • Executive
  • Judicial

21
Quinalt Indian Nation
22
Modern Tribal Self Governance
23
Summary of Principles
Federal Plenary Power Federal Trust
Responsibility Inherent Tribal
Sovereignty Domestic Dependent Nation
24
Traditional Platform Fishing
25
Celilo Falls Fishing Platforms
The right of taking fish is secured to said
Indians
26
Private Property Rights
  • And the takings issue

McMansions Across the land
27
Statutes
  • Public Lands and Resources laws
  • Pollution laws
  • Process laws

28
Public lands statutes
FLPMA NFMA Refuge Act Wilderness Act Parks
Act State lands
Resources laws
Endangered Species Act Mining laws Water laws
29
Pollution Laws
CAA CWA RCRA CERCLA TSCA FIFRA
30
Process Laws
NEPA APA FOIA
31
NEPA
  • Study effects of proposed action (cumulative)
  • Look at alternatives
  • Involve the public
  • Process statute
  • EIS/EA/FONSI
  • Federal, but state equivalents

32
New Paradigm
Old POLITICAL DISCRETION MODEL New TRUST
MODEL
Duty of Protection Duty against Waste Duty of
Restoration - NRDs Duty of Loyalty Precautionary
Approach
33
NEW ROLES ROLE POLITICAL TRUST
AGENCY BUREAUCRATS TRUSTEES CITIZENS CONSTITUENTS
BENEFICIARIES NATURE ENVIRONMENT ASSETS DECISION D
ISCRETION FIDUCIARY DUTY INDUSTRY STAKEHOLDER TRUS
T USURPER
34

ROLE OF ADR
  • Know environmental law and its instability
  • Not enough chips on the table for some disputes
  • Complexity stifles settlement
  • Dont depend on process for protection
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