Climate adaptation and the fifth amendment of the United States Constitution: How do adaptation strategies impact regulatory takings claims?

As the impacts and potential of climate change are realized at the governance level, states are moving towards adaptation strategies that include greater regulatory restrictions on development within coastal zones. The purpose of this paper is to outline the impacts of existing and planned regulatory mechanisms on the Fifth Amendment to the United States Constitution, which prevents the government taking of private property for public use without just compensation. A short history of regulatory takings is explained, and the potential legal issues surrounding mitigation and adaptation measures for coastal communities are discussed. The goal is to gain an understanding of the legal issues that must be resolved by governments to effectively deal with regulatory takings claims as coastal mitigation and adaptation plans are implemented. (PDF contains 3 pages)

Economic analysis of climate change adaptation strategies in selected coastal areas in Indonesia, Philippines and Vietnam

This report is an account of a cross-country study that covered Vietnam, Indonesia and the Philippines. Covering four sites (one each in Indonesia and Vietnam) and two sites in the Philippines, the study documented the impacts of three climate hazards affecting coastal communities, namely typhoon/flooding, coastal erosion and saltwater intrusion. It also analyzed planned adaptation options, which communities and local governments can implement, as well as autonomous responses of households to protect and insure themselves from these hazards. It employed a variety of techniques, ranging from participatory based approaches such as community hazard mapping and Focus Group Discussions (FGDs) to regression techniques, to analyze the impact of climate change and the behavior of affected communities and households.

Economic analysis of climate change adaptation strategies in selected coastal areas in Indonesia, Philippines and Vietnam

Climate change with its attendant geophysical hazards is well studied. A great deal of attention has gone into analyzing climate change impacts as well as searching out possible mitigating adaptive strategies. These matters are very real concerns, especially for coastal communities. Such communities are often the most vulnerable to climate change, since their citizens frequently live in abject poverty and have limited capacity to adapt to geophysical hazards. Their situation is further complicated by the prospect of dealing with a confluence of hazards in comparison with those in other ecosystems. Against this backdrop Worldfish and the Economy and Environment Program for Southeast Asia (EEPSEA) collaborated to implement the cross-country study “Climate Change Impacts, Vulnerability Assessments, Economic and Policy Analysis of Adaptation Strategies in Selected Coastal Areas in Indonesia, Philippines, and Vietnam”. As its title suggests the study covered selected sites in Vietnam, Indonesia and the Philippines. Employing a gamut of interdisciplinary methodologies -- ranging from community-based approaches such as community hazard mapping and focus group discussions (FGDs) to regression techniques -- the study documented the impacts from three climate hazards affecting coastal communities. These were typhoon/flooding, coastal erosion, and saltwater intrusion. The team also analyzed planned adaptation options suited to implementation by communities and local governments, augmenting autonomous responses of households to protect and insure themselves from these hazards.

National perspectives on climate change adaptation: A panel discussion of climate change adaptation efforts in diverse coastal regions of the United States

Climate change has rapidly emerged as a significant threat to coastal areas around the world. While uncertainty regarding distribution, intensity, and timescale inhibits our ability to accurately forecast potential impacts, it is widely accepted that changes in global climate will result in a variety of significant environmental, social, and economic impacts. Coastal areas are particularly vulnerable to the effects of climate change and the implications of sea-level rise, and coastal communities must develop the capacity to adapt to climate change in order to protect people, property, and the environment along our nation’s coasts. The U.S. coastal zone is highly complex and variable, consisting of several regions that are characterized by unique geographic, economic, social and environmental factors. The degree of risk and vulnerability associated with climate change can vary greatly depending on the exposure and sensitivity of coastal resources within a given area. The ability of coastal communities to effectively adapt to climate change will depend greatly on their ability to develop and implement feasible strategies that address unique local and regional factors. A wide variety of resources are available to assist coastal states in developing their approach to climate change adaptation. However, given the complex and variable nature of the U.S. coastline, it is unlikely that a single set of guidelines can adequately address the full range of adaptation needs at the local and regional levels. This panel seeks to address some of the unique local and regional issues facing coastal communities throughout the U.S. including anticipated physical, social, economic and environmental impacts, existing resources and guidelines for climate change adaptation, current approaches to climate change adaptation planning, and challenges and opportunities for developing adaptation strategies. (PDF contains 4 pages)

Sea-level rise in Hawaii: Implications for future shoreline locations and Hawaii coastal management

Management of coastal development in Hawaii is based on the location of the certified shoreline, which is representative of the upper limit of marine inundation within the last several years. Though the certified shoreline location is significantly more variable than long-term erosion indicators, its migration will still follow the coastline's general trend. The long-term migration of Hawaii’s coasts will be significantly controlled by rising sea level. However, land use decisions adjacent to the shoreline and the shape and nature of the nearshore environment are also important controls to coastal migration. Though each of the islands has experienced local sea-level rise over the course of the last century, there are still locations across the islands of Kauai, Oahu, and Maui, which show long- term accretion or anomalously high erosion rates relative to their regions. As a result, engineering rules of thumb such as the Brunn rule do not always predict coastal migration and beach profile equilibrium in Hawaii. With coastlines facing all points of the compass rose, anthropogenic alteration of the coasts, complex coastal environments such as coral reefs, and the limited capacity to predict coastal change, Hawaii will require a more robust suite of proactive coastal management policies to weather future changes to its coastline. Continuing to use the current certified shoreline, adopting more stringent coastal setback rules similar to Kauai County, adding realistic sea-level rise components for all types of coastal planning, and developing regional beach management plans are some of the recommended adaptation strategies for Hawaii. (PDF contains 4 pages)

Building a sustainable community of coastal leaders to deal with sea level rise and inundation

Sea level rise and inundation were stated to be the highest priorities in the community-developed Ocean Research Priorities Plan and Implementation Strategy in 2005. Although they remain stated priorities, very few resources have been allocated towards this challenge. Inundation poses a substantial risk to many coastal communities, and the risk is projected to increase because of continued development, changes in the frequency and intensity of inundation events, and acceleration in the rate of sea-level rise along our vulnerable shorelines. (PDF contains 4 pages) There is an increasing urgency for federal and state governments to focus on the local and regional levels and consistently provide the information, tools, and methods necessary for adaptation. Calls for action at all levels acknowledge that a viable response must engage federal, state and local expertise, perspectives, and resources in a coordinated and collaborative effort. A workshop held in December 2000 on coastal inundation and sea level rise proposes a shared framework that can help guide where investments should be made to enable states and local governments to assess impacts and initiate adaptation strategies over the next decade.

If the tide is rising, who pays for the ark?

Two common goals of this meeting are to arrest the effects of sea level rise and other phenomena caused by Greenhouse Gases from anthropogenic sources ("GHG",) and to mitigate the effects. The fundamental questions are: (1) how to get there and (2) who should shoulder the cost? Given Washington gridlock, states, NGO's and citizens such as the Inupiat of the Village of Kivalina have turned to the courts for solutions. Current actions for public nuisance seek (1) to reduce and eventually eliminate GHG emissions, (2) damages for health effects and property damage—plus hundreds of millions in dollars spent to prepare for the foregoing. The U.S. Court of Appeals just upheld the action against the generators of some 10% of the CO2 emissions from human activities in the U.S., clearing the way for a trial featuring the state of the art scientific linkage between GHG production and the effects of global warming. Climate change impacts on coastal regions manifest most prominently through sea level rise and its impacts: beach erosion, loss of private and public structures, relocation costs, loss of use and accompanying revenues (e.g. tourism), beach replenishment and armoring costs, impacts of flooding during high water events, and loss of tax base. Other effects may include enhanced storm frequency and intensity, increased insurance risks and costs, impacts to water supplies, fires and biological changes through invasions or local extinctions (IPCC AR4, 2007; Okmyung, et al., 2007). There is an increasing urgency for federal and state governments to focus on the local and regional levels and consistently provide the information, tools, and methods necessary for adaptation. Calls for action at all levels acknowledge that a viable response must engage federal, state and local expertise, perspectives, and resources in a coordinated and collaborative effort. A workshop held in December 2000 on coastal inundation and sea level rise proposes a shared framework that can help guide where investments should be made to enable states and local governments to assess impacts and initiate adaptation strategies over the next decade. (PDF contains 5 pages)

Adapting to climate change: Combining economics and geomorphology in coastal policy

How is climate change affecting our coastal environment? How can coastal communities adapt to sea level rise and increased storm risk? These questions have garnered tremendous interest from scientists and policy makers alike, as the dynamic coastal environment is particularly vulnerable to the impacts of climate change. Over half the world population lives and works in a coastal zone less than 120 miles wide, thereby being continuously affected by the changes in the coastal environment [6]. Housing markets are directly influenced by the physical processes that govern coastal systems. Beach towns like Oak Island in North Carolina (NC) face severe erosion, and the tax assesed value of one coastal property fell by 93% in 2007 [9]. With almost ninety percent of the sandy beaches in the US facing moderate to severe erosion [8], coastal communities often intervene to stabilize the shoreline and hold back the sea in order to protect coastal property and infrastructure. Beach nourishment, which is the process of rebuilding a beach by periodically replacing an eroding section of the beach with sand dredged from another location, is a policy for erosion control in many parts of the US Atlantic and Pacific coasts [3]. Beach nourishment projects in the United States are primarily federally funded and implemented by the Army Corps of Engineers (ACE) after a benefit-cost analysis. Benefits from beach nourishment include reduction in storm damage and recreational benefits from a wider beach. Costs would include the expected cost of construction, present value of periodic maintenance, and any external cost such as the environmental cost associated with a nourishment project (NOAA). Federal appropriations for nourishment totaled $787 million from 1995 to 2002 [10]. Human interventions to stabilize shorelines and physical coastal dynamics are strongly coupled. The value of the beach, in the form of storm protection and recreation amenities, is at least partly capitalized into property values. These beach values ultimately influence the benefit-cost analysis in support of shoreline stabilization policy, which, in turn, affects the shoreline dynamics. This paper explores the policy implications of this circularity. With a better understanding of the physical-economic feedbacks, policy makers can more effectively design climate change adaptation strategies. (PDF contains 4 pages)

Impacts of climate change and variability on fish value chains in Uganda

This study examines the vulnerability of fish pr oduction in Uganda, particularly as it r elates to the predicted impacts from climate change, using the concept of the value chain. The value chain approach has been recommended as a useful tool to study specific challenges facing a sector resulting from various drivers of change, including climate. Critically, such analyses can reveal context-specific response strategies to enhance a sector (Jacinto and Pomer oy 2010). The specific purpose of the study was to identify curr ent and potential impacts of climate change and corresponding adaptation strategies in fish value chains. The study builds upon information fr om earlier value chain analyses on fisheries and aquaculture production in Uganda to provide a more in-depth understanding of issues facing the fish industry, in particular, those to be incorporated in the CGIAR Resear ch Program Livestock and Fish.

Building social and ecological resilience to climate change in Roviana, Solomon Islands: PASAP country activity for Solomon Islands: Brief review: climate change trends and projections for Solomon Islands

As part of the Australian Government’s International Climate Change Adaptation Initiative (ICCAI), the Pacific Adaptation Strategy Assistance Program (PASAP) aims to enhance the capacity of partner countries to assess key vulnerabilities and risks, formulate adaptation strategies and plans, mainstream adaptation into decision-making, and inform robust longterm national planning and decision-making in partner countries. The Department of Climate Change and Energy Efficiency contracted University of Queensland (UQ) and University of California, Santa Barbara (UCSB) to lead the project: “Building social and ecological resilience to climate change in Roviana, Solomon Islands” (2010-2012). Under this project The WorldFish Center was subcontracted to undertake outputs 5 and 6 of Objective three: (5) Review of climate change evidence and projections for the study area and (6) Vulnerability and adaptation assessment for the study area. This report addresses the first of these and comprises a desktop review of climate change evidence and projections for the study area.

Fishers’ perception on livelihood strategies, adaptation and mitigation measures to cope with changes in climate variables around Lake Wamala, Uganda

Fisheries support livelihoods but are threatened by climate variability and change which intensified since the 1970s. This study used quantitative and qualitative methods to determine the extent to which fishers around Lake Wamala in Uganda were copying with perceived changes in climate variables and the impacts on their livelihoods, to generate knowledge to enable the fishers increase resilience and sustain their livelihoods. Fishers were aware of changes in climate manifested by unpredictable seasons, floods and droughts. Fishing was the main livelihood activity. The African catfish had replaced Nile tilapia as the dominant fish species. There was damage and loss of gear, boats, landing sites and lives, and changes in fish catches and sizes, income and fish consumption during the perceived floods and droughts. The fishers adapted to the changes through increasing time on fishing grounds and changing target species and fishing gears but innovative ones diversified to high value crops and livestock which increased their income beyond what was earned from fishing thus acting as an incentive for some of them to quit fishing. Diversification to non-fishery activities as a form of adaptation was enhanced by membership to social groups, weekly fishing days, fishing experience and age of fishers but its benefits were not equally shared among men and women. Mitigation measures included planting trees, mulching gardens and protecting wetlands. Adaptation and mitigation measures were constrained by limited credit, awareness and land. The required interventions included improving access to credit, irrigation facilities and appropriate planting materials and raising awareness. The study showed that the fishers were aware of changes in climatic variables and the impacts on their livelihoods. There were also adaptation and mitigation measures practiced by the fishers which if promoted and their constraints addressed, could increase resilience of fishers to climatic change and sustain their livelihoods.

Climate change adaptation and planning: An example from Kailua Beach, Oahu, Hawaii

The University of Hawaii Sea Grant College Program (UHSG) in partnership with the Hawaii Department of Land and Natural Resources (DLNR), Office of Conservation and Coastal Lands (OCCL) is developing a beach and dune management plan for Kailua Beach on the eastern shoreline of Oahu. The objective of the plan is to develop a comprehensive beach management and land use development plan for Kailua Beach that reflects the state of scientific understanding of beach processes in Kailua Bay and abutting shoreline areas and is intended to provide long-term recommendations to adapting to climate change including potential coastal hazards such as sea level rise. The development of the plan has lead to wider recognition of the significance of projected sea level rise to the region and provides the rational behind some of the land use conservation strategies. The plan takes on a critical light given global predictions for continued, possibly accelerated, sea-level rise and the ongoing focus of intense development along the Hawaiian shoreline. Hawaii’s coastal resource managers are faced with the daunting prospect of managing the effects of erosion while simultaneously monitoring and regulating high-risk coastal development that often impacts the shoreline. The beach and dune preservation plan is the first step in a more comprehensive effort prepare for and adapt to sea level rise and ensure the preservation of the beach and dune ecosystem for the benefit of present and future generations. The Kailua Beach and Dune Management plan is intended to be the first in a series of regional plans in Hawaii to address climate change adaptation through land use planning. (PDF contains 3 pages)