Digital Commons Network^™

Conservation Easements At The Climate Change Crossroads, Jessica Owley

Journal Articles

The essence of a conservation easement as a static perpetual restriction is coming to a head with the understanding that the world is a changing place. This demonstration is nowhere more dramatic than in the context of global climate change. In response to this conflict, users of conservation easements face the decision of either (1) changing conservation easement agreements to fit the landscape or (2) changing the landscape to fit the conservation easements. Both of these options present benefits and challenges in implementation. Where conservation easement holders’ ultimate goal is to keep a maximum number of acres under protection from …

Past And Projected Future Changes In Snowpack And Soil Frost At The Hubbard Brook Experimental Forest, New Hampshire, Usa, John L. Campbell, Scott V. Ollinger, Gerald N. Flerchinger, Haley Wicklein, Katharine Hayhoe, Amey S. Bailey

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Long-term data from the Hubbard Brook Experimental Forest in New Hampshire show that air temperature has increased by about 1°C over the last half century. The warmer climate has caused significant declines in snow depth, snow water equivalent and snow cover duration. Paradoxically, it has been suggested that warmer air temperatures may result in colder soils and more soil frost, as warming leads to a reduction in snow cover insulating soils during winter. Hubbard Brook has one of the longest records of direct field measurements of soil frost in the United States. Historical records show no long-term trends in maximum …

See The Mojave!, John Copeland Nagle

Journal Articles

This article examines how the law is being asked to adjudicate disputed sights in the context of the Mojave Desert. The Mojave is the best known and most explored desert in the United States. For many people, though, the Mojave is missing from any list of America’s scenic wonders. The evolution in thinking about the Mojave’s aesthetics takes places in two acts. In the first act, covering the period from the nineteenth century to 1994, what began as a curious voice praising the desert’s scenery developed into a powerful movement that prompted Congress to enact the CDPA. The second act …

Pornography As Pollution, John Copeland Nagle

Journal Articles

Pornography is often compared to pollution. But little effort has been made to consider what it means to describe pornography as a pollution problem, even as many legal scholars have concluded that the law has failed to control internet pornography. Opponents of pornography maintain passionate convictions about how sexually-explicit materials harm both those who are exposed to them and the broader cultural environment. Viewers of pornography may generally hold less fervent beliefs, but champions of free speech and of a free internet object to anti-pornography regulations with strong convictions of their own. The challenge is how to address the widespread …

Integrating Estimates Of Ecosystem Services From Conservation Programs And Practices Into Models For Decision Makers, Ned H. Euliss Jr., Loren M. Smith, Shuguang Liu, Walter G. Duffy, Stephen P. Faulkner, Robert A. Gleason, S. Diane Eckles

United States Geological Survey, Northern Prairie Wildlife Research Center: Publications

Most government agencies involved in land management are seeking consistent approaches to evaluate the effects of specific management actions on ecological processes and concurrent changes on ecosystem services. This is especially true within the context of anthropogenic influences, such as land use and climate change. The Conservation Effects Assessment Project—Wetlands National Component (CEAP–Wetlands) was developed by the U.S. Department of Agriculture (USDA) to evaluate effects of conservation practices on ecosystem services including carbon sequestration for climate stability, groundwater recharge, runoff and flood attenuation, water storage, nutrient and contaminant retention, and wildlife habitat. A primary purpose of CEAP–Wetlands is to provide …

Heat Waves Measured With Modis Land Surface Temperature Data Predict Changes In Avian Community Structure, Thomas P. Albright, Anna M. Pidgeon, Chadwick D. Rittenhouse, Murray K. Clayton, Curtis H. Flather, Patrick D. Culbert, Volker C. Radeloff

United States Department of Agriculture, Forest Service / University of Nebraska-Lincoln: Faculty Publications

Heat waves are expected to become more frequent and severe as climate changes, with unknown consequences for biodiversity. We sought to identify ecologically-relevant broad-scale indicators of heat waves based on MODIS land surface temperature (LST) and interpolated air temperature data and assess their associations with avian community structure. Specifically, we asked which data source, time periods, and heat wave indices best predicted changes in avian abundance and species richness. Using mixed effects models, we analyzed associations between these indices and data from the North American Breeding Bird Survey in the central United States between 2000 and 2007 in four ecoregions …

Socio-Economic Impacts Of Climate Change On Rural United States, Pankaj Lal, Janaki R. R. Alavalapati, Evan D. Mercer

United States Department of Agriculture, Forest Service / University of Nebraska-Lincoln: Faculty Publications

Directly or indirectly, positively or negatively, climate change will affect all sectors and regions of the United States. The impacts, however, will not be homogenous across regions, sectors, population groups or time. The literature specifically related to how climate change will affect rural communities, their resilience, and adaptive capacity in the United States (U.S.) is scarce. This article bridges this knowledge gap through an extensive review of the current state of knowledge to make inferences about the rural communities vulnerability to climate change based on Intergovernmental Panel on Climate Change (IPCC) scenarios. Our analysis shows that rural communities tend to …

Over-Expressing The C3 Photosynthesis Cycle Enzyme Sedoheptulose-1-7 Bisphosphatase Improves Photosynthetic Carbon Gain And Yield Under Fully Open Air Co2 Fumigation (Face), David M. Rosenthal, Anna M. Locke, Mahdi Khozaei, Christine A. Raines, Stephen P. Long, Donald R. Ort

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Background: Biochemical models predict that photosynthesis in C₃ plants is most frequently limited by the slower of two processes, the maximum capacity of the enzyme Rubisco to carboxylate RuBP (V_c,max), or the regeneration of RuBP via electron transport (J). At current atmospheric [CO₂] levels Rubisco is not saturated; consequently, elevating [CO₂] increases the velocity of carboxylation and inhibits the competing oxygenation reaction which is also catalyzed by Rubisco. In the future, leaf photosynthesis (A) should be increasingly limited by RuBP regeneration, as [CO₂] is predicted to exceed 550 …

Beyond Adjudication: Resolving International Resource Disputes In An Era Of Climate Change, Anna Spain

Publications

This Article examines the role of international adjudication as a mechanism for resolving international disputes and promoting global peace and security in an era of climate change. The central claim is that adjudication has limitations that make it ineffective as a tool for resolving international resource disputes. The Article argues that adjudication is limited due to source and process challenges and it illustrates this claim by reviewing cases adjudicated by the International Court of Justice, the Permanent Court of Arbitration and other international courts and tribunals. Four categories of adjudication limitation emerge: a) cases where the parties refused to submit …

Does Terrestrial Drought Explain Global Co 2 Flux Anomalies Induced By El Niño?, C. R. Schwalm, Christopher A. Williams, K. Schaefer, I. Baker, G. J. Collatz, C. Rödenbeck

Geography

The El Niño Southern Oscillation is the dominant year-to-year mode of global climate variability. El Niño effects on terrestrial carbon cycling are mediated by associated climate anomalies, primarily drought, influencing fire emissions and biotic net ecosystem exchange (NEE). Here we evaluate whether El Niño produces a consistent response from the global carbon cycle. We apply a novel bottom-up approach to estimating global NEE anomalies based on FLUXNET data using land cover maps and weather reanalysis. We analyze 13 years (1997-2009) of globally gridded observational NEE anomalies derived from eddy covariance flux data, remotely-sensed fire emissions at the monthly time step, …

Biological Reserves Under Climate Change; A Case Study In Brazil's Atlantic Rainforest, Maria Amin

Dissertations and Theses

No abstract provided.

The Arctic Council At 15 Years: Edging Forward In A Sea Of Governance Challenges, David Vanderzwaag

Articles, Book Chapters, & Popular Press

With the impacts of climate change on the Arctic, including the thinning and decreasing extent of sea ice and projected dramatic increases in access to and development of regional resources, the adequacy of existing governance arrangements for the Arctic is increasingly being questioned. Through a two-part format, this article reviews how the Arctic Council is faring as the key regional governance institution for the Arctic since being established pursuant to a Declaration adopted by the eight Arctic States in September 1996. How the Council has edged forward the regional cooperation agenda through its six working groups and Ministerial meetings is …

Beneath The Surface Of Global Change: Impacts Of Climate Change On Groundwater, Timothy R. Green, Makoto Taniguchi, Henk Kooi, Jason J. Gurdak, Diana M. Allen, Kevin M. Hiscock, Holger Treidel, Alice Aureli

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Global change encompasses changes in the characteristics of inter-related climate variables in space and time, and derived changes in terrestrial processes, including human activities that affect the environment. As such, projected global change includes groundwater systems. Here, groundwater is defined as all subsurface water including soil water, deeper vadose zone water, and unconfined and confined aquifer waters. Potential effects of climate change combined with land and water management on surface waters have been studied in some detail. Equivalent studies of groundwater systems have lagged behind these advances, but research and broader interest in projected climate effects on groundwater have been …

Assisted Migration: A Viable Conservation Strategy To Preserve The Biodiversity Of Threatened Island Nations?, Jessica A. Wentz

Sabin Center for Climate Change Law

Anthropogenic climate change poses a substantial threat to biodiversity. The IPCC estimates that 20-30% of species will face an increased risk of extinction if the average global temperature rises more than 1.5 to 2.5 degrees Celsius. Additional scientific studies indicate that 15-37% of species may become extinct by 2050 due to global warming, based on current emissions trajectories. Domestic and international strategies to manage this threat have traditionally focused on conservation and mitigation. In the last few years, however, policy makers have recognized that near-term climate impacts are inevitable and thus adaptation strategies are required to protect both humans and …

Demographic Response Of American Ginseng (Panax Quinquefolius L.) To Climate Change, Sara Souther

Graduate Theses, Dissertations, and Problem Reports (ETD)

Ecological response to recent climate change has been documented for a multitude of species worldwide. Climate models predict further increases in temperature, as much as 8 times the degree of warming that has already occurred. Given observations of species response to contemporary climate change and the unprecedented degree of warming expected over the next century, climate change will no doubt determine future ecosystem composition and affect global species diversity. In order to prevent loss of biodiversity, it is necessary to understand and accurately project species' response to climate, and to identify species that are vulnerable to climate change driven extinctions. …

Gaming The Past: The Theory And Practice Of Historic Baselines In The Administrative State, J.B. Ruhl, James Salzman

Vanderbilt Law School Faculty Publications

This article explores in detail the attributes and operation of historic baselines. That historic baselines are found throughout regulatory law is no accident. Particularly when the policy goal involves turning back the clock or halting an undesirable trend, historic baselines have distinct advantages compared to alternative techniques for standard setting. These advantages include rhetoric, familiarity, and flexibility. The use of the temporal reference point lies at the heart of what makes historic baselines distinct in this respect, yet it is also what makes them qualitatively different for purposes of gaming. Leveraging the past provides an additional dimension to the gaming …

Warming Alters Photosynthetic Rates Of Sub-Boreal Peatland Vegetation, Arvo Aljaste

Dissertations, Master's Theses and Master's Reports - Open

Boreal peatlands are important in the global carbon cycle. Despite covering only 3% of the global land area, peatlands store approximately one third of all soil carbon. Temperature is one of the major drivers in peatland carbon cycling as it affects both plant production and CO₂ fluxes from soils. However, it is relatively unknown how boreal peatland plant photosynthesis is affected by higher temperatures. Therefore, we measured plant photosynthetic rates under two different warming treatments in a poor fen in Northern Michigan. Eighteen plots were established that were divided into three treatments: control, open-top chamber (OTC) warming and infrared …

Unnatural Resource Law: Situating Desalination In Coastal Resource And Water Law Doctrines, Michael Pappas

Publications

This Article offers the first legal analysis of desalination, the process of converting saltwater into freshwater. Desalination represents a key climate change adaptation measure because the United States has exploited nearly all of its freshwater resources, freshwater demands continue to grow, and climate change threatens to diminish significantly existing freshwater supplies. However, scholarship has yet to address the legal ambiguities that desalination raises in the context of property, water law, and coastal resource doctrines.

This Article addresses these ambiguities and suggests the legal adaptations necessary to accommodate desalination as a climate change adaptation. Under current legal doctrines, the chain of …

Climate Influences The Demography Of Three Dominant Sagebrush Steppe Plants, Harmony Dalgleish, David N. Koons, Melvin Hooten, Corey Moffet, Peter B. Adler

Wildland Resources Faculty Publications

Climate change could alter the population growth of dominant species, leading to profound effects on community structure and ecosystem dynamics. Understanding the links between historical variation in climate and population vital rates (survival, growth, recruitment) is one way to predict the impact of future climate change. Using a unique, long-term dataset from eastern Idaho, we parameterized Integral Projection Models for Pseudoroegneria spicata, Hesperostipa comata, and Artemisia tripartita to identify the demographic rates and climate variables most important for population growth. We described survival, growth and recruitment as a function of genet size using mixed effect regression models that …

Sequential Climate Change Policy, Edward A. Parson, Darshan Karwat

Articles

Successfully managing global climate change will require a process of sequential, or iterative, decision‐making, whereby policies and other decisions are revised repeatedly over multiple decades in response to changes in scientific knowledge, technological capabilities, or other conditions. Sequential decisions are required by the combined presence of long lags and uncertainty in climate and energy systems. Climate decision studies have most often examined simple cases of sequential decisions, with two decision points at fixed times and initial uncertainties that are resolved at the second decision point. Studies using this formulation initially suggested that increasing uncertainty favors stronger immediate action, while the …

United States Of America, Michael B. Gerrard, Gregory E. Wannier

Faculty Scholarship

The prospect of carbon liability in the United States is a relatively recent phenomenon. It is only in the last decade that US environmental lawyers and policy-makers have begun to turn their attention to climate change, as climate-related litigation has surged, government action on several fronts has begun, and climate change has generally been recognised as a factor to consider in decision-making across the economy. This chapter lays out existing options to establish liability for greenhouse gas (‘GHG’) emissions along legislative, regulatory and judicial channels.

Sensitivity And Exposure Of Brook Trout (Salvelinus Fontinalis) Habitat To Climate Change, Bradly Allen Trumbo

Masters Theses, 2010-2019

Predicting coldwater fisheries distributions under various climate scenarios is of interest to many fisheries managers and researchers. Larger scale models have been useful in highlighting the potential large scale threat. However, the error associated with these models makes predictions of the persistence of individual cold water fisheries problematic. Most of this error is associated with predicted air and water temperatures which typically are simple elevation and location (latitude/longitude) models with simple caveats such as 1°C increase in air temperature equals 0.8°C increase in water temperatures. I directly measured paired air and water temperatures in watersheds containing reproducing populations of brook …

Invasive Species And Climate Change, Invasive Species Advisory Committee

National Invasive Species Council

ISSUE

Climate change interacts with and can often amplify the negative impacts of invasive species. These interactions are not fully appreciated or understood. They can result in threats to critical ecosystem functions on which our food system and other essential provisions and services depend as well as increase threats to human health. The Invasive Species Advisory Committee to the National Invasive Species Council recognizes the Administration’s commitment to dealing proactively with global climate change. However, unless we recognize and act on the impact of climate change and its interaction with ecosystems and invasive species, we will fall further behind in …

The Legal-Political Barriers To Ramping Up To Hydro, Dan Tarlock

Chicago-Kent Law Review

Hydroelectric energy is the oldest major source of non-carbon, renewable energy and is the only conventional renewable resource in the current energy mix. Increased hydro capacity would seem to be a key element of any United States energy policy designed to promote the greater use of renewable resources. However, for several decades hydro has been perceived as a mature, fully developed technology. This article argues that any effort to stimulate substantial new hydro capacity will face a series of environmental legal and policy constraints. Efforts to adapt to global climate change will further complicate efforts to increase hydro electric generation. …

Agriculture's Fate Under Climate Change: Economic And Environmental Imperatives For Action, John N. Moore, Van Bruggen

Chicago-Kent Law Review

Farming, ranching, and other agricultural activities are in a relatively unique position amongst all human-caused sources of global warming. Unlike fossil fueled power plants and vehicles, for example, agriculture will suffer direct economic losses from the impacts of global warming on its products, such as through reduced crop yields. Also unlike other causes of global warming, agriculture can both mitigate global warming and increase revenue through a range of different practices, such as carbon sequestration and investments in carbon-friendly renewable energy. This article explains how global warming affects agriculture, especially in the Midwest and Great Plains, and how agriculture contributes …

Economic Writing On The Pressing Problems Of The Day: The Roles Of Moral Intuition And Methodological Confusion, Julie A. Nelson

Economics Faculty Publication Series

Economists are often called on to help address pressing problems of the day, yet many economists are uncomfortable about disclosing the values that they bring to this work. This essay explores how an inadequate understanding of the role of methodology, as related to ethics and human emotions of concern, underlies this reluctance and compromises the quality of economic advice. The tension between caring about the problems, on the one hand, and writing within the existing culture of the discipline, on the other, are illustrated with examples from U.S. policymaking, behavioral economics, and the economics of climate change and global poverty. …

Twenty-Eight Years Of The Us-Lter Program: Experience, Results, And Research Questions, James R. Gosz, Robert B. Waide, John J. Magnuson

Long Term Ecological Research Network

The U.S. Long Term Ecological Research program (hereafter US-LTER) concentrates on ecological processes that play out at the time scales spanning decades to centuries. This focuses US-LTER research between the most common time scales for ecological studies (1-3 years; Tilman 1989; Figure 1) and the much longer temporal fact of disciplines such as paleoecology. The importance of the decade-to-century time scale is particularly evident in light of the rapid changes in ecological forcing functions that are occurring at a broad range of spatial scales (Millennium Ecosystem Assessment 2005, Intergovernmental Panel on Climate Change 2007). Long-term data sets from programs such …

Fish Communities On The World's Warmest Reefs: What Can They Tell Us About The Effects Of Climate Change In The Future?, David A. Feary, John A. Burt, Andrew G. Bauman, Paolo Usseglio, Peter F. Sale, Georgenes Cavalcante

Marine & Environmental Sciences Faculty Articles

To examine the role of climatic extremes in structuring reef fish communities in the Arabian region, reef fish communities were visually surveyed at four sites within the southern Persian Gulf (also known as the Arabian Gulf and The Gulf), where sea-surface temperatures are extreme (range: 12–35° C annually), and these were compared with communities at four latitudinally similar sites in the biogeographically connected Gulf of Oman, where conditions are more moderate (range: 22–31° C annually). Although sites were relatively similar in the cover and composition of coral communities, substantial differences in the structure and composition of associated fish assemblages were …

Nepa In The Hot Seat: A Proposal For An Office Of Environmental Analysis, Aliza M. Cohen

University of Michigan Journal of Law Reform

Judicial deference under the National Environmental Policy Act (NEPA) can be problematic. It is a well-established rule of administrative law that courts will grant a high degree of deference to agency decisions. They do this out of respect for agency expertise and policy judgment. This deference is applied to NEPA lawsuits without acknowledging the special pressures that agencies face while assessing the environmental impacts of their own projects. Though there is a strong argument that these pressures undermine the reasons for deferential review, neither the statute nor the courts have provided plaintiffs with adequate means to remedy this problem. Agency …

Climate Change: Helping Nature Survive The Human Response, Will R. Turner, Bethany A. Bradley, Lyndon D. Estes, David G. Hole, Michael Oppenheimer, David S. Wilcove

Geography

Climate change poses profound, direct, and well-documented threats to biodiversity. A significant fraction of Earth's species is at risk of extinction due to changing precipitation and temperature regimes, rising and acidifying oceans, and other factors. There is also growing awareness of the diversity and magnitude of responses, both proactive and reactive, that people will undertake as lives and livelihoods are affected by climate change. Yet to date few studies have examined the relationship between these two powerful forces. The natural systems upon which people depend, already under direct assault from climate change, are further threatened by how we respond to …