Chapter I.45: Managing ecosystem effects in an era of rapid climate change

Abstract

I.45 Managing ecosystem effects in an era of rapid climate change Alejandro E Camacho Professor of Law and Director of the Center for Land, Environment, and Natural Resources, University of California, Irvine, USA Abstract Climate change is exerting significant pressure on ecosystems. Without management strategies that impede harmful invasions and help vulnerable resources adapt, biodi- versity and ecological function will likely decline. However, governing processes are too often insufficiently adaptive, and many resource laws are not designed primarily to facilitate biodiversity or promote ecological health. Many laws are primarily directed at promoting consumptive use; others on promoting historical fidelity; still others on limit- ing human management. Global climate change causes these various conservation goals to be increasingly at odds with each other and with promoting biodiversity. Except in rare circumstances when decline in ecological health is deemed an acceptable trade-­off for historical fidelity, non-­intervention, and/or human consumption or development, natural resources laws must be better adapted to accommodate change not only through adaptive management measures that integrate flexibility into regulatory processes, but also by promoting substantive goals that emphasize ecological health. Keywords Biodiversity, ecosystems, ecological health, endangered species, native, invasive, exotic, wildlife, assisted migration, wildlife corridors, public lands, wilderness Contents I.45.1 Introduction I.45.2 Existing and projected ecological effects I.45.3 Potential adaptation strategies I.45.4 Legal frameworks premised on non-­ intervention, historical fidelity, or consumption I.45.4.1 Invasive species laws I.45.4.2 Public lands laws I.45.4.3 Endangered and protected species laws I.45.5 Inelastic management processes I.45.6 Conclusion I.45.1 Introduction Many existing legal provisions affecting the management of ecological resources, particularly in the United States and European Union, are not designed primarily to promote ecological health, whether measured by the ecosystem’s organization (i.e., number and diversity of components and their interactions), vigour (i.e., energy and pro- ductivity), and/or resilience (i.e., ability to ‘bounce back’ from perturbation and handle Michael Faure - 9781786436986 Downloaded from Elgar Online at 01/19/2017 12:25:18AM via University of California, Irvine, Law Library