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Articles 1 - 13 of 13
Full-Text Articles in Social and Behavioral Sciences
Preparing For Disaster: How Our Voting Sends The Wrong Message, Chad J. Mcguire
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 …
Valuing Ecosystem Services In Coastal Management Policy: Looking Beyond The Here And Now, Chad J. Mcguire
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
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 …
Losing The Message: Some Policy Implications Of Anthropocentric Indirect Arguments For Environmental Protection, Chad J. Mcguire
Losing The Message: Some Policy Implications Of Anthropocentric Indirect Arguments For Environmental Protection, Chad J. Mcguire
Chad J McGuire
The value of anthropocentric indirect arguments (AIAs), as stated by Elliott (2014), is to focus on non-environmental benefits that derive from actions or policies that also benefit the environment. The key difference with these indirect arguments—from more direct anthropocentric arguments—is they focus on human benefits unrelated to the environment. So, for example, less coal burning power plants means less respiratory illness and higher worker productivity. The air is cleaner, but rather than clean air being the goal in arguing for less coal burning power plants, healthier people is the goal. Or as Elliott notes, clean energy can create jobs, and …
Regulatory Takings Claims And Coastal Management Of Sea Level Rise: Remembering Governments Are More Than Regulators, Chad J. Mcguire
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 …
Systems Thinking Applied To U.S. Federal Fisheries Management, Chad J. Mcguire, Bradley P. Harris
Systems Thinking Applied To U.S. Federal Fisheries Management, Chad J. Mcguire, Bradley P. Harris
Chad J McGuire
The goal of this article is to provide the reader with a kind of historical case study on how fisheries law and policy evolution has brought management of the resource to a more ‘systems-centered’ approach. In addition to this historical rendition, another goal of this article is to identify some areas of potential growth, specifically the development of legal instruments that are more adapted to systems principles.
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
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 …
A Review Of Amendment 16 To The Northeast Multispecies Fishery Management Plan, Jonathon N. Feinberg, Chad J. Mcguire
A Review Of Amendment 16 To The Northeast Multispecies Fishery Management Plan, Jonathon N. Feinberg, Chad J. Mcguire
Chad J McGuire
The purpose of this article is to review Amendment 16 to the Northeast Multispecies Fishery Management Plan, highlighting some of the legal and policy implications to the fishing community and regulatory bodies. Questions of impact are framed from the local fishing community perspective, while larger questions of regulatory implications, including statutory purpose, are identified where appropriate. The article concludes by identifying necessary policy questions that need to be resolved if we are to move toward a coherent strategy of national fisheries management that is both rational for the sake of the resource, and equitable to those who are most directly …
Who Owns The Fish? Moving From The Commons To Federal Ownership Of Our National Fisheries, John B. Walden, Chad J. Mcguire
Who Owns The Fish? Moving From The Commons To Federal Ownership Of Our National Fisheries, John B. Walden, Chad J. Mcguire
Chad J McGuire
The purpose of this article is to explore a premise that fishery management at the federal level would be more effective if the U.S. government simply charged for the privilege to commercially harvest fish. This argument is supported by a mix of historical fact-finding and legal precedent, brought together in an attempt to identify a basic economic principle of property rights. The goal is to allow both practitioners and policy makers an opportunity to view fishery management options through a lens of government property rights, and show how a rational distribution of those rights through advancing market mechanisms may provide …
Some Back-Ended Legal And Political Issues In United States Fisheries Management, Chad J. Mcguire, Bradley P. Harris
Some Back-Ended Legal And Political Issues In United States Fisheries Management, Chad J. Mcguire, Bradley P. Harris
Chad J McGuire
In response to over-exploitation and ecosystem degradation, United States federal fisheries policy is shifting from species-based to ecosystem-based management. In addition, the reauthorized Magnuson-Stevens Fisheries Conservation and Management Reauthorization Act of 2006 identifies the following goals to be achieved by 2011: end over-fishing, create market-based incentives, strengthen enforcement mechanisms, and improve cooperative conservation efforts. We refer to these goals (including the “status quo”) as front-ended policy objectives. Left unresolved are what we term back-ended policy and legal issues, specifically including issues involving the legal limitations that inhibit full consideration of ecosystem-based management principles through the adopting of scientific information. In …
Sustainable Approaches To Managing Small-Scale Ecosystems: A Case Study Of Vernal Pool Protection In The Commonwealth Of Massachusetts, United States Of America, Chad J. Mcguire
Chad J McGuire
This paper reviews the current management scheme used by Massachusetts to protect vernal pools, which represent small-scale ecosystems, and analyzes its relative strengths and weaknesses from an overall sustainability standpoint by looking at the frameworks developed for management. The frameworks are analyzed to determine if the objectives of vernal pool protection are being met. The initial impression is the outcomes are not meeting the objective of overall vernal pool protection, because there are failures in the drivers (mainly the certification requirement), which limits the number of verbal pools actually protected. An expansion of the current Massachusetts program is suggested to …
A Case Study Of Carbon Sequestration Potential Of Land Use Policies Favoring Re-Growth And Long-Term Protection Of Temperate Forests, Chad J. Mcguire
A Case Study Of Carbon Sequestration Potential Of Land Use Policies Favoring Re-Growth And Long-Term Protection Of Temperate Forests, Chad J. Mcguire
Chad J McGuire
There is a traditional view suggesting forests remove carbon dioxide from the atmosphere (Pregitzer & Euskirchen, 2004), but they cease to serve as a carbon sink as they fully mature (Odum, 1969). Recent modeling of old-growth forest carbon sequestration indicate they continue to serve as a “net sink” of carbon even after maturity (Carey, Sala, Keane, & Callaway, 2001; Zhou et al., 2006) - sequestering an average of 2.4 +/- 0.8 tC ha-1 yr-1 (tC = metric tons of carbon; ha = hectare; yr =year), and yielding a ratio of heterotrophic respiration (Rh) to net primary production (NPP) of approximately …
Ecosystem-Based Management Of Terrestrial And Coastal Water Resources: Can Rapanos Teach Us Anything About The Future Of Integrated Water Management, Chad J. Mcguire
Ecosystem-Based Management Of Terrestrial And Coastal Water Resources: Can Rapanos Teach Us Anything About The Future Of Integrated Water Management, Chad J. Mcguire
Chad J McGuire
The purpose of this article is to describe aspects of the Rapanos decision, focusing on the Kennedy concurrence, and then suggesting its connection to the ongoing policy debate regarding coastal resource management, and how it may offer a sign of the judicial will to accept an expanding federal role over centralized water management, regardless of spatial location.