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3 Sea Grant L. & Pol'y J. 1 (2010)

handle is hein.journals/sglum3 and id is 1 raw text is: Sea Grant Law and Policy Journal, Vol. 3, No. 1 (Summer 2010) Parting Thoughts from the Sea Grant Law and Policy Journal's 2010 Symposium on Adaptive Management Terra Bowling' Abstract: The third annual Sea Grant Law and Policy Journal symposium was held at the University of Mississippi School of Law in Oxford, Mississippi on March 30 - 31, 2010. During the two-day event, legal scholars, practitioners, and scientific experts explored the challenges associated with implementing adaptive management frameworks for a range of environmental problems in the United States and the United Kingdom. In this article, Terra Bowling, Research Counsel for the National Sea Grant Law Center, provides an overview of the theory of adaptive management and discusses some of the major barriers to implementation in the United States. I. Introduction............................................................1 II. Adaptive Management Theory......................2...... .................2 III. Adaptive Management In Practice...........................................3 IV. Barriers to Implementation.......................6...... ...................6 V. Conclusion .............................................................7 I. Introduction In 2009, the White House Council on Environmental Quality (CEQ), the Office of Science and Technology Policy (OSTP), and the National Oceanic and Atmospheric Administration (NOAA) formed the Interagency Climate Change Adaptation Task Force to develop U.S. strategy for adaptation to climate change.2 In October 2009, President Obama signed the Executive Order on Federal Leadership in Environmental, Energy, and Economic Performance, which called for the Task Force to develop, within one year, Federal recommendations for adapting to climate change impacts both domestically and internationally.3 As evident in the formation of the Task Force and the ensuing executive order, an adaptive approach to natural resource management is frequently cited as the key to solving complicated environmental problems like climate change. More flexible than a traditional regulatory approach, adaptive management calls for more experimentalism in regulatory implementation.4 More specifically, [ulnder adaptive management, regulators use models of natural resource systems to develop performance measurements and initial policy 1 Terra Bowling (J.D., University of Mississippi School of Law) is Research Counsel for the National Sea Grant Law Center at the University of Mississippi School of Law. Research for this article was funded by the National Sea Grant Law Center under award number NA090AR4170200 from the National Oceanic and Atmospheric Administration, U.S. Department of Commerce. The statements, findings, conclusions, and recommendations are those of the author and do not necessarily reflect the views of NOAA or the U.S. Department of Commerce. 2 White House Council on Environmental Quality, Climate Change Adaptation Task Force, http.://www.whitehouse.gov/administrationleop/ceq/initiatives/adaptation (last visited July 28, 2010). 3 Exec. Order No. 13,514, 74 Fed. Reg. 52,117 (Oct. 8, 2009). 4 J.B. Ruhl, Symposium:~ Reforming Environmental Law: Can Regulation Be More Adaptive?: Taking Adaptive Management Seriously: A Case Study of the Endangered Species Act, 52 KAN. L. REV. 1249, 1249 (2004). 1

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