Our Children’s Trust Climate Suit in Oregon Allowed to Proceed
The Ninth Circuit has denied mandamus relief to the U.S. Here.
President Obama Signs Executive Order on Northern Bering Sea Climate Resilience
Downloads: Executive Order, Bering EO – Map
THE WHITE HOUSE
Office of the Press Secretary
FOR IMMEDIATE RELEASE
December 9, 2016
FACT SHEET: White House Announces Actions to Protect Natural and Cultural Resources in Alaskan Arctic Ocean
Since taking office, President Obama has worked to protect the Arctic’s natural and cultural resources and the communities that rely upon them through the use of science-based decision making, enhanced coordination of Federal Arctic management, efforts to combat illegal fishing, and revitalization of the process for establishing new marine sanctuaries. Building on this effort, today, President Obama is announcing new steps to enhance the resilience of the Alaskan Arctic environment and the sustainability of Alaskan native communities with the creation of the Northern Bering Sea Climate Resilience Area.
In addition to today’s protections, the Obama Administration is announcing approximately $30 million in philanthropic commitments for projects in rural northern Alaska and Canada. These projects include investments over the next three years related to shipping, ecosystem science, community and ecological resilience, and tribal engagement. Earlier this week, the Department of Commerce deployed an Economic Development Assessment Team to Nome, Alaska to help the region diversify, grow its economy, and address challenges related to climate change and community resilience.
Today’s actions are also supportive of the March 2016 U.S.-Canada Joint Statement on Climate, Energy, and Arctic Leadership and make substantial progress on its objectives of conserving Arctic biodiversity through science-based decision-making, incorporating indigenous science and traditional knowledge into decision-making, and supporting strong Arctic communities. These actions employ science-based leadership to improve marine and coastal resilience and sustain our Nation’s precious natural resources.
Executive Order Creating the Northern Bering Sea Climate Resilience Area
Native villages in the northern Bering Sea region of Alaska largely practice a subsistence-based lifestyle that is inextricably tied to the rich marine ecosystem of the Bering Sea. Warming ocean temperatures, sea ice loss, and increasing ship traffic all threaten the subsistence practices and food security of these communities. The coastal tribes along the northern Bering Sea and the Bering Strait have requested that the Federal Government take action to protect the health of the marine ecosystems of the Northern Bering Sea and Bering Strait while maintaining opportunities for sustainable fishing and sustainable economic development.
In direct response to these requests, the President signed an Executive Order creating the Northern Bering Sea Climate Resilience Area. This area, encompassing 112,300 square miles, represents a hugely productive, high-latitude ocean ecosystem and supports one of the largest seasonal marine mammal migrations in the world, including thousands of bowhead and beluga whales, hundreds of thousands of walruses and ice seals, and millions of migratory birds. It is home to more than 40 tribes of coastal Yup’ik and Inupiaq peoples whose way of life has been linked with the marine environment for thousands of years.
The Northern Bering Sea Climate Resilience Area is delineated for the purpose of focusing a locally-tailored collection of protections related to oil and gas, shipping, and fishing. The order also establishes a Task Force charged with coordinating Federal activities in this area to enhance ecosystem and community resilience, conserve natural resources, and protect the cultural and subsistence values this ecosystem provides for Alaskan native communities. Further, agencies are directed to consider traditional knowledge in decision making and establish a formal consultative mechanism for engaging with regional tribal governments to seek their input on Federal activities.This action advances science-based decision-making and engagement with Alaska Native peoples in addressing the changing Arctic consistent with the Joint Statement signed at the White House Arctic Science Ministerial and consultation with Alaska Natives in preparation for the Ministerial.
In recognition of the increase in shipping through the Bering Strait, the Coast Guard is nearing completion of a Port Access Route Study (PARS) for the region. A PARS is the first step in assessing the need for vessel traffic control measures and developing a set of recommendations. Any recommended international routing measures would be submitted to the International Maritime Organization (IMO) which sets international rules for maritime commerce. The Executive Order directs the Coast Guard to give careful consideration to community recommendations regarding environmentally sensitive Areas to Be Avoided (ATBAs) and to publish its initial findings by the end of 2016 and to move its conclusions to the International Maritime Organization for action by 2018.
Sea bottom habitat is extremely important to the ecosystem in the Northern Bering Sea and helps to support the incredible abundance of marine mammals and sea birds in the region, including critical subsistence resources. In recognition of these connections, bottom trawling is already banned in the region to protect the sea floor. The Executive Order makes it Federal policy to support the continued prohibition on bottom trawling, which destroys sensitive benthic ecosystems.
Oil and Gas
Under the Outer Continental Shelf Lands Act, the President has withdrawn Norton Basin planning area and portions of the St. Matthew-Hall planning area from future oil and gas leasing to further protect the regional ecosystem and coastal communities. The five year leasing plans issued by the Department of the Interior do not include plans for leasing in the withdrawn areas, so there will not need to be changes to those plans to reflect the withdrawal. The total area withdrawn from leasing through this Executive Order is 40,300 square miles.
Coordination and Consultation
This Order also advances the Administration’s priorities of elevating traditional knowledge in decision making and coordinating Federal efforts in the Arctic. Today’s actions establish a Federal Task Force on the Northern Bering Sea Climate Resilience Area (Bering Task Force), under the Arctic Executive Steering Committee (AESC) established by Executive Order 13689. The Bering Task Force will coordinate Federal activity and consider additional mechanisms to reduce impacts to subsistence and cultural activities within the Northern Bering Sea Climate Resilience Area. The Executive Order also formally elevates the voice of Alaskan native tribes and the role of indigenous knowledge in decision-making within the region by mandating that the Task Force establish and engage in regular consultation with a Bering Intergovernmental Tribal Advisory Council, which will consist primarily of tribal government representatives with participation from Federal, state, and local officials for coordination purposes. Together, these two groups will guide the incorporation of valuable traditional knowledge and science into Federal resource management in the northern Bering Sea region, thus preserving this unique ecosystem and the indigenous peoples who rely upon it.
Commitments to Rural Northern Alaska and Canada
Today, in support of the U.S.-Canada commitments to a Shared Arctic Leadership model, the philanthropic community is pledging approximately $30 million for projects in rural northern Alaska and Canada.
- The Arctic Funders Collaborative (AFC), a group of eleven U.S., Canadian and international philanthropic foundations, is announcing that a subset of its members will coordinate and mobilize resources through grant programs across the Arctic at a projected $27 million over the next three years in the following areas:
- Community-led planning and monitoring initiatives that foster adaptation and resilience to a changing Arctic climate
- Low-impact shipping corridors in Arctic Alaska and Canada, including routing and mitigation measures to help improve maritime safety and spill prevention
- Northern-led policy development informed by indigenous knowledge and science
- Fostering connections between Northern priorities and social finance institutions in ways that support culture, community resilience and sustainable economic opportunities
- Building in-region capacity of indigenous-led organizations and emerging leaders across the Arctic
Priority geographic areas for marine stewardship support include the northern Bering Sea and the Bering Strait, the Chukchi and Beaufort Seas, the Northwest Passage, Lancaster Sound, Baffin Bay, the Davis Strait, and Hudson Bay.
- Today, the Gordon and Betty Moore Foundation is announcing a $3.7 million grant to support research that couples state-of-the-art geophysical observations from unmanned aerial systems with a community-engaged research approach to bridge scientific and indigenous understanding of sea ice change in the Alaskan Arctic. Led by the University of Alaska Fairbanks, Columbia University, and Kotzebue residents, the project will research changing patterns of Arctic ice and other physical characteristics in Kotzebue Sound and the Chukchi Sea, using a combination of traditional knowledge and sensing technologies in modules carried by drones. From the beginning of the work – including development of the research design – the project will involve local experts who have sea ice experience and other environmental knowledge.
NYTs: “A Wrenching Choice for Alaska Towns in the Path of Climate Change”
Here. Incredible visuals.
Elizabeth Kronk Warner on Tribal Environmental Ethics as an Alternative Ethical Paradigm
Elizabeth Kronk Warner has posted “Looking to the Third Sovereign: Tribal Environmental Ethics as an Alternative Ethical Paradigm.”
Here is the abstract:
As evidenced by the Paris COP 21, the world has decided that the time has come to address climate change. As policy makers around the world consider the best methods of controlling greenhouse gas emissions and mitigating the impacts of climate change, they may also be increasingly reconsidering the ethical paradigm(s) used to tackle modern environmental challenges, such as climate change. Therefore, now is the ideal time to reconsider the environmental ethics underlying environmental policy making. In the United States, a national, comprehensive plan to both mitigate the effects of and adapt to those effects that cannot be mitigated has yet to be developed. Given such federal malaise, policy makers will need to look elsewhere to find examples of alternative ethical paradigms, but not necessarily outside of the exterior boundaries of the United States. They can look to the third sovereign — Indian tribal governments. Tribes are actively innovating in this field, as they are implementing tribal environmental ethics into law designed to address the impacts of climate change. This article, therefore, considers what role, if any, can tribal environmental ethics play in the re-examination and consideration of American environmental ethics? The answer — quite a substantial role. Tribes must straddle two worlds — a traditional one and one dominated by Western culture and values. As a result of this dichotomy, tribes are necessarily experts at adaptation and innovation. To demonstrate the value of looking to tribal environmental ethics when considering alternative ethical paradigms for the United States, this article begins by discussing the link between environmental ethics and policy making. With this understanding in place, the article then examines the importance of environmental ethics to tribes. This Part considers factors that may motivate tribes to adopt environmental ethics alternative to American environmental ethics, and also uses legal ethics as an example of the necessity, in some instances, for the development of an alternative ethical paradigm, such as one separate from the model ethical code presented by the American Bar Association. Finally, the article concludes with a discussion of how tribes are serving as laboratories of environmental ethical innovation. The Part begins with an introduction to some ethical paradigms other than anthropocentrism, such as animism and Deep Ecology. The purpose of this introduction is to demonstrate how tribal environmental ethics might parallel some of these alternative ethical frameworks, but also to show that tribal environmental ethics can be different. With this introduction in place, the Part argues that tribes have the capacity for innovation, and then provides explicit examples of where tribes have departed from American environmental ethics. Ultimately, given the significance of emerging environmental challenges, such as climate change, the article concludes that, if policy makers decide on the necessity of an ethical paradigm other than anthropocentrism, tribal environmental ethics provide a compelling alternative, and, tribes, as the third sovereign in the United States, demonstrate how such an alternative environmental ethic may be codified into environmental laws.
Elizabeth Kronk Warner on Enforcing Tribal Treaty Provisions to Protect Climate Change Threatened Resources
Elizabeth Kronk Warner has posted “Everything Old is New Again: Enforcing Tribal Treaty Provisions to Protect Climate Change Threatened Resources” on SSRN.
NPR on Climate Change at Navajo
Alaska COA Rejects Yup’ik Free Exercise Defense to Criminal Prosecution for Salmon Fishing
Here is the opinion:
In June 2012, the thirteen defendants in this case — all Yup’ik fishermen living a subsistence lifestyle — were charged with violating the Alaska Department of Fish and Game’s emergency orders restricting fishing for king salmon on the Kuskokwim River. The defendants moved for dismissal of the charges, asserting that their fishing for king salmon was religiously based activity, and that they were entitled to a religious exemption from the emergency orders under the free exercise clause of the Alaska Constitution.
Briefs are here.
The Atlantic Article on Climate Change and Yup’ik Fishing
“Subsistence is living from the land,” said Flynn. “It’s what we’ve always done. We go hunt ducks and seals in the ocean in the springtime. Ptarmigan. Salmon. My great-grandfather and grandfather told us we have to be very careful what we catch. God made them for everyone. I was living subsistence even when I was in the military. My whole life. I make a fish camp every year and dry 30, 40 kings. I set a net last summer but there was too much closure. Things have been rough.”
“And how did it feel not to be able to catch enough?” Davis asked him.
“I have a grandchild, 2 years old—” He paused and rubbed his eyes. Several other men in the gallery also began to cry. “My grandson said to me, ‘When we gonna go check the net?’ And I couldn’t say anything.”
Michael Cresswell, a state trooper, leaned over and whispered in my ear: “This is momentous. This is climate change on trial.”
Univ. of Kansas Scholars on Protecting Indigenous Knowledge in the Age of Climate Change
Joseph Brewer II and Elizabeth Ann Kronk Warner have posted “Guarding Against Exploitation: Protecting Indigenous Knowledge in the Age of Climate Change” on SSRN.
Here is the abstract:
Indigenous knowledge has the potential to ameliorate the extreme, destructive impacts of climate change. Given their enduring connection to place, indigenous communities are the subjects of knowledge acquisition relevant to the changing climate. Yet, because this traditional knowledge has been exploited by outsiders, indigenous communities may be wary to share such valuable information with individuals outside of their communities. And, even if traditional knowledge is shared, indigenous peoples may wish to maintain control over its use to guard against exploitation. This article addresses concerns associated with the stewarding of such traditional knowledge, in hopes of providing legal structure to the conversation. As the application of traditional knowledge becomes more apparent in the climate change context, a conversation to invoke action in the academy and legal systems is needed to create structures that value as well as protect the complexities of indigenous community-based research. Ultimately, this article strives to explore methods of holding those who seek and steward traditional knowledge accountable to indigenous communities. To accomplish this goal, this article examines traditional knowledge held by tribes within the United States that may prove helpful in the fight against the deleterious impacts of climate change. Then, having identified valuable knowledge possessed by tribes, the article goes on to examine the potential for existing domestic and international law to protect against the exploitation of such knowledge. After concluding that the existing law provides inadequate protection at best, the article asserts that tribes may be better served by enacting their own tribal laws to protect against such exploitation, and then explores the existing tribal law enacted to protect tribal traditional knowledge. This is the first article to provide concrete examples of traditional knowledge useful in combating the impacts of climate change and how the law may apply in such instances. This is also the first article to examine the use of tribal law to address the protection of traditional knowledge in-depth and provide a discussion of how some tribes are already utilizing tribal law to accomplish such goals. Accordingly, this article constitutes an important addition to the scholarship surrounding protection of traditional knowledge.
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