Conserving Endangered Species in an Era of Global Warming
![handle is hein.journals/elrna38 and id is 172 raw text is: Copyright © 2008 Environmental Law Institute®, Washington, DC. reprinted with permission from ELR®, http://www.eli.org, 1-800-433-5120.
ELR
38 ELR 10203
NEWS&ANALYSIS
ARTICLES
Conserving Endangered Species in an Era of Global Warming
by John Kostyack and Dan Rohlf
Editors 'Summary: While the ESA is lauded as one of the country s most pow-
erful tools of environmental protection, the statute may not be strong enough
to protect wildlife and habitat in the face of global warming. In this Article,
John Kostyack and Dan Rohlf argue that legislative and administrative
changes will be needed if the ESA is going to make a real difference in pro-
tecting biodiversity from the dangers of climate change. They describe the
effects that climate change will have on wildlife and habitat, and relay a list
of potential management responses to these effects. They then discuss im-
plementation challenges that climate change will bring, such as difficulties
in designating critical habitat for wildlife moving due to warming. Finally,
the authors conclude with some policy recommendations, including how to
tackle climate change legislation, update the ESA, and institute adaptive
management practices.
I. Introduction
Global warming is the single most urgent threat to the future
of wildlife and wildlife habitat. The 2007 reports of the In-
tergovernmental Panel on Climate Change (IPCC) conclude
that human activity is very likely causing the world to
warm. These reports also note that the average surface tem-
perature of the earth increased 0.76 degrees Celcius ('C)
(1.4 degrees Fahrenheit (0F)) in the 20th century and predict
that this temperature will likely increase by another 1.8 to
4.0°C (3.2 to 7.20F) in the 21 st century, depending on pollu-
tion levels.' The IPCC also finds that 20-30% of species
worldwide are likely to be at increased risk of extinction if
increases in average global temperatures exceed 2 to 3C
(3.6 to 5.4'F) above pre-industrial levels.2
Our children and grandchildren will inevitably ask if we
sat up and took notice when the prospect of this massive
wave of human-caused extinctions became apparent to us.
Given the potential magnitude of the loss of the world's bio-
logical wealth, the only appropriate response is to act imme-
John Kostyack is Executive Director of Wildlife Conservation and Global
Warming at the National Wildlife Federation. Dan Rohlf is Associate Pro-
fessor of Law and Director of the Pacific Environmental Advocacy Center
at Lewis & Clark Law School.
1. IPCC, CLIMATE CHANGE 2007: THE PHYSICAL SCIENCE BASIS:
CONTRIBUTION OF WORKING GROUP I TO THE FOURTH ASSESS-
MENT REPORT OF THE INTERGOVERNMENTAL PANEL ON CLIMATE
CHANGE (Susan D. Solomon et al. eds., Cambridge Univ. Press)
[hereinafter IPCC, THE PHYSICAL SCIENCE BASIS].
2. IPCC, CLIMATE CHANGE 2007: IMPACTS, ADAPTATION, AND VUL-
NERABILITY: CONTRIBUTION OF WORKING GROUP II TO THE
FOURTH ASSESSMENT REPORT OF THE INTERGOVERNMENTAL
PANEL ON CLIMATE CHANGE (Martin L. Parry et al. eds., Cambridge
Univ. Press).
diately to avert it. This Article discusses some of the actions
necessary to avoid dire outcomes for wildlife, focusing on
how the U.S. Congress and executive branch agencies can
both strengthen and employ the Endangered Species Act
(ESA) to make significant strides in addressing the threats to
biodiversity posed by global warming.
II. The Challenge of a Changing Climate
Global warming has posed a serious threat to people and
wildlife for decades. Atmospheric carbon dioxide (CO2)
and other greenhouse gases (GHGs) that trap heat and warm
the planet have increased by more than 30% since the begin-
ning of the Industrial Revolution. The standard measure of
these gases, CO2 equivalents (CO2e), now stands at 383
parts per million (ppm) and is steadily increasing at a rate of
1.5 ppm per year. Until recently, however, policymakers in
the United States have largely sat on their hands while vari-
ous economic interests and advocacy groups raised doubts
about whether global warming is real and whether observed
changes in climate stemmed from human-caused emissions
of GHGs. But over the past few years, a wealth of new em-
pirical climate data punctuated by dramatic images of col-
lapsing glaciers and melting polar ice caps have made it
impossible for anyone to deny the existence of global warm-
ing. Further, work of the Nobel Peace Prize-winning IPCC,
based on collaborative efforts of preeminent scientists from
around the world, has virtually eliminated doubts about the
central role of human activities in causing climatic change.
James Hansen, the National Aeronautics and Space Ad-
ministration's (NASA's) premier climate researcher, warns
that the planet is at risk of soon reaching a tipping point,
where levels of GHGs become so high and resulting warm-
4-2008](ViewImageLocal?handle=hein.journals/elrna38&div=20&collection=&method=preview&ext=.png&size=3)
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