How Global Warming Works

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Presentation

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

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Assaults on Nature Clear cuts of ancient
forest
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Mining
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Hanford Nuclear Reservation

• Radioactive contamination entering
• Columbia River

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

• Alaska

Photos NOAA Photo Collection and Gary Braasch
WorldViewOfGlobalWarming.org
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Polar Bears Drowning
Survival threatened by global warming
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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
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Forests

• Heating causes
• trees to dry and
• become susceptible
• to insects/disease
• Millions of acres of trees are dying

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

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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

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• 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

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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
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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

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Environmental Law Overview

• Structure
• Federalism
• Separation of powers
• Legislative
• Executive
• Judicial

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Quinalt Indian Nation
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Modern Tribal Self Governance
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Summary of Principles
Federal Plenary Power Federal Trust
Responsibility Inherent Tribal
Sovereignty Domestic Dependent Nation
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Traditional Platform Fishing
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Celilo Falls Fishing Platforms
The right of taking fish is secured to said
Indians
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Private Property Rights

• And the takings issue

McMansions Across the land
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Statutes

• Public Lands and Resources laws
• Pollution laws
• Process laws

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Public lands statutes
FLPMA NFMA Refuge Act Wilderness Act Parks
Act State lands
Resources laws
Endangered Species Act Mining laws Water laws
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Pollution Laws
CAA CWA RCRA CERCLA TSCA FIFRA
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Process Laws
NEPA APA FOIA
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NEPA

• Study effects of proposed action (cumulative)
• Look at alternatives
• Involve the public
• Process statute
• EIS/EA/FONSI
• Federal, but state equivalents

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