Abstract

The physical and biological factors that together determine ecosystem structure and function will be subject to enormous pressures under future climate regimes. These pressures will impact ecosystem processes and services, ranging from impacts on biodiversity to loss of essential ecosystem benefits. Ecosystem management to maintain desired ecosystem conditions will become increasingly important. Existing governance structures are insufficient to provide the necessary guidance for these management efforts. The legal literature is increasingly focused on local ecosystem governance as a viable option to fill this governance gap. For example, increasing recognition of the value of ecosystem services to local communities has driven increased efforts to protect those services through local ecosystem initiatives. The local ecosystem governance scholarship is diffuse, making the literature difficult to access. Based on a review of the legal literature on local ecosystem governance over the last 20 years, this article marshals the theoretical arguments for and against local governance and identifies ongoing efforts to implement local ecosystem governance. The article also identifies both emerging challenges to local ecosystem governance and potential ways to address those challenges. From this review emerges actionable recommendations and critical research needs to improve local ecosystem governance.

Highlights

  • Ecosystems consist of the organisms in a given space interacting with their physical environment (Odum and Barrett, 2005)

  • This is not a critical review; instead, we identify the many areas of broad agreement and disagreement about the promise and perils of local ecosystem governance and target several areas for additional research to advance this aspect of environmental law

  • This review focused on the local ecosystem governance literature published in U.S law reviews from the year 2000 to March 2021

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Summary

Introduction

Ecosystems consist of the organisms in a given space interacting with their physical environment (Odum and Barrett, 2005). The characteristics of a given ecosystem—the particular mix of species, in their particular abundance, the system’s overall productivity and resilience—depend on a host of factors. These primarily include the physical characteristics of the system like climate, disturbance regime, or soil chemistry, and the species availability and interactions between the species (Stokstad, 2009). Our world’s changing climate will alter core aspects of virtually every ecosystem on the planet (Ruhl and Salzman, 2010); existing climate change has already altered 82% of core ecological processes worldwide (Scheffers et al, 2016) These changes will play out in untold ways across ecosystems everywhere

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