PCAP - Presidential Climate Action Project

species is listed as a threatened species, “the Secretary [of Interior] shall issue such regulations ashe deems necessary and advisable to provide for the conservation of such species.” 335Pursuant to the MMPA, “The Congress finds that . . . certain species and population stocks ofmarine mammals are, or may be, in danger of extinction or depletion as a result of man’sactivities . . . such species and population stocks should not be permitted to . . . diminish belowtheir optimum sustainable population. Further measures should be immediately taken toreplenish any species or population stock which has already diminished below that population.In particular, efforts should be made to protect essential habitats . . . . from the adverse effect ofman’s actions . . . .” 336 “[I]t is the sense of the Congress that they [marine mammals] should beprotected and encouraged to develop to the greatest extent feasible commensurate with soundpolicies of resource management and that the primary objective of their management should beto maintain the health and stability of the marine ecosystem . . . .” 337Given the science regarding the impacts of climate change, protecting these ecosystems, naturalresources, animals and the like (meeting the missions, goals and purposes of the laws) willrequire addressing climate change. Therefore, based on current scientific findings a duty toprotect the atmosphere is thus implied, or becomes inherent in most, if not all of these laws, inorder to protect the ecosystem, natural resource, animal, etc. 338Congress already explicitly recognizes the connection between changes in the atmosphere andthe management of traditional ecosystems both explicitly in congressional findings andimplicitly by supporting or requiring research in this regard, see, e.g., 15 U.S.C. § 2931(a)(2)(Congress finds that the consequences of global warming could adversely affect worldagricultural and marine production, coastal habitability, biological diversity, human health, andglobal economic and social well-being); 16 U.S.C. § 1447d (projects eligible for funding underthis act include research with respect to assessment of the effects of climate change on marineresources in the region); and 16 U.S.C. § 1601 (the report by the Secretary of Agriculture shallinclude an analysis of the potential effects of global climate change on the condition ofrenewable resources on the forests and rangelands of the United States). Excerpts from thesestatutes and others that bear on this point are included in Appendix A.3. Statutory provisions that this declaration is “consistent with.”The principle contemplated by this proposal implies duties that are consistent with and furtherthe purposes of a multitude of laws; for example, laws regarding energy conservation and energy335 Id. at § 1553(d).336 16 U.S.C. § 1361(1), (2)337 Id. at § 1361(6).338 Accord, U.S. Climate Change Science Program and the Subcommittee on Global Change Research, PreliminaryReview of Adaptation Options for Climate-Sensitive Ecosystems and Resources,” 1-1 to 1-6 (June 2008) (This reportprovides a preliminary review of adaptation options for climate-sensitive ecosystems and resources in the U.S. andexisting adaptation knowledge to support managers in taking immediate actions to meet their management goals inthe context of climate change. Within this context, the report presents a strategy for addressing climate changeunder current authorities: “with creative re-examination of current authorities their full capabilities could be appliedto address climate change impacts”).CEES 89 | P age