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How States Can Adapt to Climate Chan...

Tomaier, Krysten.

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How States Can Adapt to Climate Change Through State Constitutional Amendments.

紀錄類型:	書目-電子資源 : Monograph/item
正題名/作者:	How States Can Adapt to Climate Change Through State Constitutional Amendments./
作者:	Tomaier, Krysten.
出版者:	Ann Arbor : ProQuest Dissertations & Theses, : 2020,
面頁冊數:	79 p.
附註:	Source: Masters Abstracts International, Volume: 82-07.
Contained By:	Masters Abstracts International82-07.
標題:	Law. -
電子資源:	https://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=28275959
ISBN:	9798557019781

How States Can Adapt to Climate Change Through State Constitutional Amendments.
Tomaier, Krysten.

How States Can Adapt to Climate Change Through State Constitutional Amendments. - Ann Arbor : ProQuest Dissertations & Theses, 2020 - 79 p.

Source: Masters Abstracts International, Volume: 82-07.

Thesis (ALM)--Harvard University, 2020.

This item must not be sold to any third party vendors.

Climate change has already begun to impact the world, and some of these effects are irreversible. Fossil fuel emissions released into the atmosphere by humans are creating a greenhouse effect, trapping heat in the atmosphere and warming the planet (US Global Change Research Program, 2018). Recent climate change research indicates that at least 2-3°C of climate warming above preindustrial levels is likely. The impacts of such warming will be significantly worse than in a world warmed by less than two degrees (Raftery, Zimmer, Frierson, Startz, & Liu, 2017). The United States is not immune to these impacts and will need to strengthen efforts to adapt to climate change in the coming years.Individual states will experience impacts unique to their regions. To date, states have passed laws and created climate action plans to either attempt to reduce their emissions and mitigate climate change or to begin to adapt to climate change impacts (Center for Climate and Energy Solutions, 2019). These are important steps that states should take towards protecting their citizens and resources. Another, often ignored, option is to adapt to inevitable climate impacts through tailored state constitutional amendments.My hypothesis was that state constitutional amendments provide one underappreciated approach to regional climate change adaptation. I suggest language that these states can use in future amendments. In exploring this hypothesis, I answered two main questions. First, how can states protect their interests using existing constitutional provisions? In order to answer this first question, I examined constitutions for every state that includes an environmental provision or provisions. Next, I researched the most pressing climate change impacts that threaten these states. I then analyzed the language of the environmental provisions in each of these states to see how that language aligns with the state's regional interests (e.g., does California's constitutional language bolster protection of forests given an increased threat of wildfire?). I selected several examples where language and impacts are aligned as well as where they are not, and I suggested language that can strengthen regional protections for both scenarios.My second question addressed states that have no environmental provisions. Environmental provisions from other state constitutions can be used as examples by states that do not include them when writing climate change adaptation provisions. Drafters can also use constitutional language that stems from positive rights movements, because climate change adaptation provisions will generally be written as positive rights, which mandate that government protect them from nongovernmental dangers (e.g., environmental rights, workers' rights, education rights). By analyzing successful and unsuccessful positive rights campaigns I found that past strategies used to amend constitutions are applicable to modern attempts to amend constitutions for climate change adaptation.

ISBN: 9798557019781Subjects--Topical Terms:

600858
Law.
Subjects--Index Terms:

Climate change

How States Can Adapt to Climate Change Through State Constitutional Amendments.
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