PCAP - Presidential Climate Action Project

the end that the Nation may . . . fulfill the responsibilities of each generation as trustee of theenvironment for succeeding generations . . . .” This principle has also been recognized byexecutive order; for example, E.O. 12780, Federal Agency Recycling and the Council on FederalRecycling and Procurement Policy (October 31, 1991) (“Whereas, this Administration isdetermined to secure for future generations of Americans their rightful share of our Nation’snatural resources, as well as a clean and healthful environment in which to enjoy them . . . .”).Further, an inter-generational obligation is an accepted principle that applies to other ecosystemsand natural resources, such as federal parks, forests and national monuments. 329Finally, this is a recognized principle in the UNFCCC:The Parties should protect the climate system for the benefit of present andfuture generations of humankind, on the basis of equity and in accordancewith their common but differentiated responsibilities and respectivecapabilities. Accordingly, the developed country Parties should take thelead in combating climate change and the adverse effects thereof. 3302. Protection of the atmosphere would be an inherent part of the strategynecessary to address the mission or goal of the law.There are a multitude of statutes with the mission, goal or purpose to protect a particularecosystem, resource, animal and the like. There are 89 chapters in Title 16 (Conservation) aloneeach dealing with the protection of an ecosystem, resource, animal and the like (e.g. nationalparks, national forests, soil, water, watersheds, dolphins, seals, birds, wildlife, fisheries, etc ).Using the Endangered Species Act of 1973 (ESA) 331 and The Marine Mammal Protection Act(MMPA) 332 as examples, the following is language that exemplifies the kinds of purposes,missions, and goals that are established by these Acts.The purposes of the ESA are “to provide a means whereby the ecosystems upon whichendangered species and threatened species depend may be conserved, to provide a program forthe conservation of such endangered species and threatened species . . . .” 333 “It is furtherdeclared to be the policy of Congress that all Federal departments and agencies shall seek toconserve endangered species and threatened species and shall utilize their authorities infurtherance of the purposes of this chapter.” 334 Further, pursuant to the ESA whenever any329 E.g., 16 U.S.C.A. § 410gg (“In order to preserve and protect for the education, inspiration, recreation, andenjoyment of present and future generations a rare combination of terrestrial, marine, and amphibious life . . . thereis hereby established the Biscayne National Park . . . .”); 7 U.S.C.A. § 6707 (Urban forestry demonstration projects:“The focus of such a study and implementation project should be to protect the environment and associated naturalresource values, for current and future generations.”); 16 U.S.C.A. § 460uu-2 (“The Secretary shall protect, manage,and administer the monument for the purposes of preserving the scenery and the natural, historic, and culturalresources of the monument and providing for the public understanding and enjoyment of the same in such a manneras to perpetuate these qualities for future generations.”).330 UNFCCC, supra at Art. 3(1).331 16 U.S.C. § 1531 et. seq.332 Id. at § 1361 et. seq.333 Id. at § 1531(b).334 Id. at. § 1531(c)(1).CEES 88 | P age