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Sea Grant Law & Policy Journal SEA GRANT LAW & POLICY JOURNAL SYMPOSIUM ISSUE INTRODUCTION Randall S. Abate WARMING OCEANS, COASTAL DISEASES, AND CLIMATE CHANGE PUBLIC Robin Kundis Craig HEALTH ADAPTATION GIRT BY SEA: ANTIPODEAN LESSONS IN COASTAL ADAPTATION LAW Jan McDonald ENVISIONING NATURE’S RIGHT TO A STABLE CLIMATE SYSTEM Grant Wilson HISTORIC PRESERVATION IN THE CITY OF BEAUFORT, SOUTH Danielle Goshen CAROLINA: CONSIDERATIONS FOR RESILIENCE SHORE PROTECTION FOR A SURE TOMORROW: EVALUATING COASTAL Julia M. Shelburne MANAGEMENT LAWS IN SEVEN SOUTHEASTERN STATES SEA GRANT LAW & POLICY JOURNAL VOLUME 10:1 TABLE OF CONTENTS SYMPOSIUM ISSUE INTRODUCTION Randall S. Abate WARMING OCEANS, COASTAL. .D . ISEASES. ,. AND. C. .LIMATE . C. .HANGE . P. UBLIC. .H . EALTH. .A . .DAPTATION . 1 Robin Kundis Craig GIRT BY SEA: ANTIPODEAN. L. .ESSONS . IN . C. .OASTAL . .A . DAPTATION. L. .AW . 3 Jan McDonald ENVISIONING NATURE. ’.S . R. .IGHT . TO . A. S. TABLE. .C . LIMATE. S. YSTEM. 29 Grant Wilson HISTORIC PRESERVATION. IN. THE . .C . ITY. OF. B. .EAUFORT . ,. S. .OUTH . C. .AROLINA . .: . C. .ONSIDERATIONS . FOR . .R . ESILIENCE. 60 Danielle Goshen 80 SHORE PROTECTION FOR. A. .S .URE . .T .OMORROW . :. .E .VALUATING . C. .OASTAL . .M . .ANAGEMENT . .L .AWS . IN. S. .EVEN . SOUTHEASTERN STATES Julia M. Shelburne 3 . 10 SEA GRANT LAW & POLICY JOURNAL VOLUME 10:1 MONMOUTH SYMPOSIUM EDITION EDITOR-IN-CHIEF Catherine Janasie EDITORIAL BOARD Donna Christie Blake Hudson Robin Craig Megan Mackey Ivy Frederickson Richard McLaughlin Don Gourlie Lisa Schiavinato Megan Herzog Ryan Stoa April 2020 NSGLC-20-01-01 SEA GRANT LAW & POLICY JOURNAL VOLUME 10:1 MONMOUTH SYMPOSIUM EDITION EDITOR’S NOTE Volume 10:1 of the Sea Grant Law & Policy Journal features articles from Monmouth University’s Climate Change, Coasts, and Communities” symposium on April 18, 2019. Also included in the edition are coastal adaptation articles from two Sea Grant Legal Network students: - Danielle Goshen and Julia M. Shelburne – who were both Georgia Sea Grant Legal Fellows. SEA GRANT LAW & POLICY JOURNAL VOL. 10:1 SYMPOSIUM ISSUE INTRODUCTION Randall S. Abate1 On April 17-18, 2019, Monmouth University hosted the “Climate Change, Coasts, and Communities” symposium. Located just one mile from the Atlantic Ocean, the university’s picturesque campus offered an ideal setting for a robust discussion of the “new normal” of increased storm events, flooding, sea level rise, and coastal erosion due to climate change and how New Jersey can prepare for the daunting climate adaptation challenges that it faces in the years ahead. The symposium was hosted by Monmouth University’s Urban Coast Institute. It benefited from generous support from several co-sponsoring offices and organizations at Monmouth: the Global Education Office, the Wayne D. McMurray School of Social Sciences and the Humanities, the School of Science, the Political Science Department, and the Youth Activists Group. The symposium assembled a distinguished and interdisciplinary collection of experts from the U.S. and Australia to address these issues from multiple perspectives. The two-day event kicked off with a student panel and an opening keynote presentation from Dr. Biliana Cicin-Sain of the Global Oceans Forum. The following day began with a breakfast keynote presentation on coastal climate adaptation in Australia by Prof. Jan McDonald of the University of Tasmania Law School, followed by three panels addressing climate change and the voiceless, coastal climate change adaptation, and climate change and anthropogenic eutrophication. It also featured a climate change and public health luncheon keynote presentation delivered by Prof. Robin Craig of the University of Utah S.J. Quinney School of Law. The symposium website contains the event program with the full symposium agenda and speaker biographies. It also contains video recordings of the panels and keynote presentations, and presentations slides from all of the speakers. The website can be found at: https://www.monmouth.edu/climate-coasts- communities/. 1 Rechnitz Family / Urban Coast Institute Endowed Chair in Marine and Environmental Law and Policy; Professor, Department of Political Science and Sociology; and Director, Institute for Global Understanding, Monmouth University. 1 SEA GRANT LAW & POLICY JOURNAL VOL. 10:1 This special symposium issue of the SEA GRANT LAW & POLICY JOURNAL contains articles from three of the symposium speakers on pressing climate change adaptation challenges in various contexts. In her article, Warming Oceans, Coastal Diseases, and Climate Change Public Health Adaptation, Prof. Robin Craig addresses how a public health focused, disease risk approach can provide an effective focus for immediate coastal adaptation efforts by addressing real human needs and identifying practical “no regrets” first steps that can advance more general climate adaptation efforts. Transitioning from U.S.-based to Australia-based coastal climate adaptation challenges, Prof. Jan McDonald addresses coastal adaptation planning in her article, Girt by Sea: Antipodean Lessons in Coastal Adaptation Law. She observes that there has been significant progress in Australia with precautionary planning and adaptive decision-making. Although entrenched interests continue to favor coastal development and protection of vulnerable property, she notes that these special interests appear to be loosening their grip on coastal adaptation policy. Her article reflects on barriers to future progress, noting the ongoing tensions between protecting public values and private property, and the problems associated with assigning adaptation decision-making to local government. Finally, in his article, Envisioning Nature’s Right to a Stable Climate System, Grant Wilson, Esq., Executive Director and Directing Attorney of the Earth Law Center, offers an introduction to Rights of Nature principles and their potential to help address climate change. He first notes emerging climate change threats and underscores the failure of international law to adequately address climate change. He then argues that the Rights of Nature movement can serve as a useful tool to address climate change, such as by giving nature a voice at climate change negotiations. He concludes by identifying island nations as possible flag- bearers of one subset of the Rights of Nature movement and its relevance to promote climate adaptation. 2 SEA GRANT LAW & POLICY JOURNAL VOL. 10:1 WARMING OCEANS, COASTAL DISEASES, AND CLIMATE CHANGE PUBLIC HEALTH ADAPTATION Robin Kundis Craig1 I. INTRODUCTION As is true for most of the world, increasing numbers of people in the United States live along the coast.2 Indeed, although shoreline counties constitute less than 10% of the total land area of the United States (not including Alaska), they already account for 39% of the total population.3 That percentage has been increasing since at least 1970, with no end in sight.4 As a result, when things go wrong along the coast or in the ocean, risks to the American public are correspondingly large. Unfortunately, things are going wrong in the ocean. Changing ocean conditions resulting from climate change pose considerable public health risks to coastal populations that are relevant to coastal adaptation planning. While some of these risks take the form of increasing severe “natural” disasters like hurricanes,5 ocean-related disease is also an increasing risk. This article posits that an increased focus on the increasing risk of ocean- related disease could benefit coastal climate change adaptation efforts in many ways. First, disease and public health risks have an immediate political salience that other coastal climate risks, such as sea-level rise, do not. In addition, in several vulnerable coastal states, especially in the southeastern United States, public cognizance of increasing coastal disease risk might productively short- circuit debates over climate change itself (whether it is real and whether humans 1 James I. Farr Presidential Endowed Professor of Law, University of Utah S.J. Quinney College of Law. I thank Professor Randy Abate for inviting me to deliver a Keynote Address at Monmouth University’s “Climate Change, Coasts, and Communities” symposium on April 18, 2019. I would also like to thank my research assistant, Kayla Weiser Burton, for her research assistance for both my presentation and this article. Finally, this research was made possible, in part, through generous support from the Albert and Elaine Borchard Fund for Faculty Excellence. I may be reached at [email protected]. 2 What Percentage of the American population Lives Near the Coast?, NAT’L OCEAN SERV., http://oceanservice.noaa.gov/facts/population.html (last visited Mar. 11, 2020). 3 Id. 4 Id. 5 See generally Robin Kundis Craig, Oceans and Coasts, in CLIMATE CHANGE, PUBLIC HEALTH, AND THE LAW 204-240 (Michael Burger & Justin Gundlach, eds., 2018). 3 SEA GRANT LAW & POLICY JOURNAL VOL. 10:1 caused it) and coastal property rights in favor of actually dealing with these actual or potential public health problems. Second, and relatedly, increasing coastal disease risk is a more immediate climate change impact than, say, coastal inundation. As the discussions below will make clear, diseases are already occurring as a result of the changing ocean, and many types of marine-related diseases have already increased their geographic ranges to invade previously “safe” coastal communities. As such, focusing public attention on this risk could increase public willingness to invest in coastal adaptation
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