Preparing For Disaster: How Our Voting Sends The Wrong Message, Chad J. Mcguire
Jan 2015
Preparing For Disaster: How Our Voting Sends The Wrong Message, Chad J. Mcguire
Chad J McGuire
I would like to propose that we, the voting public, bear an important respon- sibility when it comes to our role in providing for the public good. Evi- dence is clear that in our system of government, elected officials are recep- tive to how we vote. If we choose to understand and prioritize the benefits of preparing for disaster, it is likely our elected offi- cials will follow our lead. But if we fail to realize the benefits of preparing, then it is more likely politi- cians will respond to those signals, throwing money at a problem that is not …
Rising Sea Levels Challenge Flood Insurance Management, Chad J. Mcguire
Jan 2015
Rising Sea Levels Challenge Flood Insurance Management, Chad J. Mcguire
Chad J McGuire
Our climate is changing. And the trend of this climate change shows the earth is, on average, getting warmer. We in New England emerged from a very cold winter in 2014 making it hard for us to see (and thus believe) the earth is getting warmer. But this is the trick of cli- mate change: The pattern of overall warming is hard to see on a day-to-day basis. We tend to judge our climate through experiencing our local weather patterns: When the weather is cold like it has been in our region over the past winter, it is hard for …
Valuing Ecosystem Services In Coastal Management Policy: Looking Beyond The Here And Now, Chad J. Mcguire
Dec 2014
Valuing Ecosystem Services In Coastal Management Policy: Looking Beyond The Here And Now, Chad J. Mcguire
Chad J McGuire
This article explores how the identification and account- ing of ecosystem services can aid coastal management policies, particularly as management looks to a future that includes the impacts of climate change. At the core of making better deci- sions is an understanding of the value of ecosystem services. The economic context of ecosystem services is explored in order to outline what may be considered a complete account- ing of costs. Once contextualized, ecosystem services will then be applied to current coastal management issues associ- ated with sea level rise. In particular, policy-relevant questions about mitigating and adapting to sea level …
The Role Of Risk Perception In Building Sustainable Policy Instruments: A Case Study Of Public Coastal Flood Insurance In The Usa, Chad J. Mcguire
Dec 2014
The Role Of Risk Perception In Building Sustainable Policy Instruments: A Case Study Of Public Coastal Flood Insurance In The Usa, Chad J. Mcguire
Chad J McGuire
Public planning for sustainability implies a forward-looking approach that often includes imagining future harm and taking steps to prevent that future harm before it occurs. A major challenge to implementing such forward looking, or precautionary, a policy instrument is managing the impacts such policies have on existing expectations. The purpose of this paper is to discuss the role of risk perception in the development of forward-looking policy instruments. A case study example focused on coastal flood insurance in the USA is presented to highlight the difficulty of implementing sustainable policy goals when current policies incentivise the discounting of risk. The …
Climate-Induced Sea Level Rise And Sustainable Coastal Management: The Influence Of Existing Policy Frameworks On Risk Perception, Chad J. Mcguire
Nov 2014
Climate-Induced Sea Level Rise And Sustainable Coastal Management: The Influence Of Existing Policy Frameworks On Risk Perception, Chad J. Mcguire
Chad J McGuire
This article looks at the role of existing government policies on perceptions of risk and the impact they have on developing forward-looking sustainable policy instruments. Coastal flood insurance policy in the United States is examined as a way of exploring the relationship between policy instruments and risk perception. Insights include the importance of understanding the role of community risk perception in policy development, as well as the role of historical and existing policies in influencing community risk perception.
Regulatory Takings Claims And Coastal Management Of Sea Level Rise: Remembering Governments Are More Than Regulators, Chad J. Mcguire
Jan 2012
Regulatory Takings Claims And Coastal Management Of Sea Level Rise: Remembering Governments Are More Than Regulators, Chad J. Mcguire
Chad J McGuire
The purpose of this article is to highlight some of the roles government can take on that exist outside the traditional regulatory powers of government. Two such nonregulatory roles include the rights of government as the property owner of submerged lands, and the rights/ obligations of government as trustee of the public trust under the public trust doctrine that exists at common law and also statutorily in many coastal states. The reasons these nonregulatory roles are important considerations is because of the reasonable argument that a government that is not acting in a regulatory capacity cannot be said to be …
Coastal Planning, Federal Consistency, And Climate Change: A Recent Divergence Of Federal And State Interests, Chad J. Mcguire
Dec 2011
Coastal Planning, Federal Consistency, And Climate Change: A Recent Divergence Of Federal And State Interests, Chad J. Mcguire
Chad J McGuire
The purpose of this article is to identify the contrasting policy approaches being undertaken at the state and federal levels with respect to climate change and offshore resource development respectively, noting how these respective approaches are leading to a divergence between state and federal priorities in the marine environment. The divergent approaches identified will be placed in the context of the CZMA, particularly the federal consistency requirement of that act, which helps to define the relationship between state and federal actions in ocean waters. Legal issues that arise from this divergence will be identified and analyzed. We begin with identification …
Climate Adaptation And The Fifth Amendment Of The U.S. Constitution: A Regulatory Takings Analysis Of Adaptation Strategies In Coastal Development With Application To Connecticut’S Coastal Management Regime, Chad J. Mcguire, Jason Hill
Dec 2011
Climate Adaptation And The Fifth Amendment Of The U.S. Constitution: A Regulatory Takings Analysis Of Adaptation Strategies In Coastal Development With Application To Connecticut’S Coastal Management Regime, Chad J. Mcguire, Jason Hill
Chad J McGuire
As climate change impacts are realized at the governance level, states and local governments are moving towards adaptation strategies that include increasing restrictions on how land is used in coastal zones. The purpose of this article is to review state regulatory strategies that are attempting to adapt to climate change in light of limits placed on those strategies by the Fifth Amendment to the United States Constitution: the prohibition against the taking of private property by government action without a public purpose and just compensation. This article highlights the importance in identifying the roles governments can take beyond the role …
Climate Adaptation And The Fifth Amendment To The United States Constitution: How Do Adaptation Strategies Impact Regulatory Takings Claims?, Chad J. Mcguire
May 2010
Climate Adaptation And The Fifth Amendment To The United States Constitution: How Do Adaptation Strategies Impact Regulatory Takings Claims?, Chad J. Mcguire
Chad J McGuire
As the impacts and potential of climate change are realized at the governance level, states are moving towards adaptation strategies that include greater regulatory restrictions on development within coastal zones. The purpose of this paper is to outline the impacts of existing and planned regulatory mechanisms on the Fifth Amendment to the United States Constitution, which prevents the government taking of private property for public use without just compensation. A short history of regulatory takings is explained, and the potential legal issues surrounding mitigation and adaptation measures for coastal communities are discussed. The goal is to gain an understanding of …
