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San Francisco Bay Plan (California)

October 6, 2011

The San Francisco Bay Plan contains the policies that the San Francisco Bay Conservation and Development Commission (BCDC) uses to determine whether permit applications can be approved for projects within the Commission’s jurisdiction, which consists of the Bay, salt ponds, managed wetlands, certain waterways and land within 100 feet of the Bay.   On October 6, 2011, the BCDC unanimously approved an amendment to the Plan to update the 22-year-old sea level rise findings and policies and more broadly address climate change adaptation.

Resource Category: Law and Governance

 

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Adapting to Climate Change: The Potential Role of State Common-Law Public Trust Doctrines

September 17, 2011

This article from the Vermont Law Review demonstrates that water law can provide a legal mechanism for climate change adaptation. Specifically, the article agues that within water law, state public trust doctrines can provide legal support for climate change adaptation regimes.

Author or Affiliated User: Robert Kundis Craig

Resource Category: Law and Governance

 

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Legal Options for Municipal Climate Adaptation in South Boston

August 2011

This report presents the legal options available to the the City of Boston, Massachusetts to address climate change adaptation. In support of the City's efforts to plan for the impacts of climate change, Harvard Law School’s Emmett Environmental Law & Policy Clinic and its students analyzed the City’s legal authority and identified opportunities for addressing its climate vulnerabilities. In particular, this white paper focuses on examining solutions for the impacts of sea level rise and more frequent and more intense storms in Fort Point Channel and South Boston.

Authors or Affiliated Users: Wendy B. Jacobs, Leah R. Cohen, Jennifer McGrory

Resource Category: Law and Governance

 

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Creation of “Adaptation Action Areas” in Florida's Community Planning Act

June 2, 2011

The 2011 Florida Legislature passed the Community Planning Act (CPA - HB 7207) making significant changes to the state’s growth management laws, including the addition of optional adaptation planning for coastal hazards and the potential impacts of sea level rise. The Adaptation Action Area (AAA), as defined in the CPA, is an optional comprehensive plan designation for areas that experience coastal flooding and that are vulnerable to the related impacts of rising sea levels for prioritizing funding for infrastructure and adaptation planning.

Resource Category: Law and Governance

 

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Climate Change and the Puget Sound: Building the Legal Framework for Adaptation

June 2011

'Climate Change and the Puget Sound: Building a Legal Framework for Adaptation,' from the Center for Progressive Reform, identifies both foundational principles and specific strategies for climate change adaptation across the Puget Sound Basin.  This manual provides an analysis of adaptation options within the existing legal and regulatory framework in Washington state.

Authors or Affiliated Users: Robert L. Glicksman, Catherine O’Neill, Yee Huang, William L. Andreen, Robin Kundis Craig, Victor B. Flatt, William Funk, Dale Goble, Alice Kaswan, Robert R.M. Verchick

Resource Category: Law and Governance

 

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Caltrans Guidance on Incorporating Sea Level Rise - for use in the planning and development of Project Initiation Documents

May 16, 2011

This guidance document was developed by the California Department of Transportation (Caltrans) pursuant to Executive Order S-13-08, issued by then Governor Schwarzenegger in November 2008. It provides guidance to Caltrans staff Project Development Teams on how to assess the vulnerability of transportation projects to sea-level rise (SLR) impacts and incorporate adaptation into the programming and design of vulnerable projects. 

Resource Category: Law and Governance

 

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Virginia SB 964 (2011): Coastal resource management; Living Shorelines; VA Marine Resources Commission, et al. to develop integrated guidance.

April 29, 2011

The Virginia Marine Resources Commission (VMRC) was directed by SB 964 in 2011 to develop and implement a general permit regulation that authorizes and encourages the use of living shorelines as the preferred alternative for stabilizing tidal shorelines.

Resource Category: Law and Governance

 

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Guidance for Addressing Climate Change in California Coastal Conservancy Projects

April 4, 2011

The Coastal Conservancy’s Climate Ready program focuses on protecting important coastal resources and habitats from the current and future impacts of climate change, along the California coast and within the San Francisco Bay. The 'Guidance for Addressing Climate Change in California Coastal Conservancy Projects' provides grantees and Conservancy staff clarification, information and resources to assist in understanding and applying the Conservancy’s adopted Climate Change Policy and Project Selection Criteria.

Resource Category: Law and Governance

 

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SECURE Water Act Section 9503-Reclamation Climate Change and Water 2016

April 2011

The U.S. Bureau of Reclamation developed this report in response to the SECURE Water Act of 2009 - outlining climate change impacts on water basins in the Southwestern U.S. The report provides comprehensive assessments of risk across each of Reclamation's major eight basins and summarizes hydrologic changes that would take place in response to projected climate change.

Resource Category: Law and Governance

 

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Legal Considerations for Climate Change Impacts on Tribes’ Off-Reservation Resources

April 2011

Roughly 1. 2 million U. S. tribal members living on or near reservations are experiencing constraints on their lifestyles and economic activity due to the impacts of climate change. Forest resources are deteriorating due to invasive species, while salmon are threatened by warmer water temperatures. In the United States, the federal government has an obligation to exercise legal authorities to protect tribal lands, resources and rights. Because ecosystems and ecosystem impacts permeate jurisdictions and borders, tribal dependence on the land extends beyond on-reservation resources.

Authors or Affiliated Users: Teresa Jacobs, Santi Alston

Resource Category: Law and Governance

 

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