SPECIES/BIODIVERSITY IMPACTS
Diner 1994 (Major David N., JAG – US Army, Winter, “The Army and the Endangered Species Act: Who’s Endangering Whom?” – Military Law Review, lexis)
By causing widespread extinctions, humans have artificially simplified many ecosystems. As biologic simplicity increases, so does the risk of ecosystem failure. The spreading Sahara Desert in Africa, and the dustbowl conditions of the 1930s in the United States are relatively mild examples of what might be expected if this trend continues. Theoretically, each new animal or plant extinction, with all its dimly perceived and intertwined effects, could cause total ecosystem collapse and human extinction. Each new extinction increases the risk of disaster. Like a mechanic removing, one by one, the rivets from an aircraft’s wings, mankind may be edging closer to the abyss.
Species extinction is the ultimate – it is greatest of all possible crimes
Watson 2009 (June 22, Paul, founded Sea Shepherd Conservation Society, an organisation dedicated to research, investigation and enforcement of laws, treaties, resolutions and regulations established to protect marine wildlife worldwide. “The Politics of Extinction”, http://deoxy.org/poe.htm)
Extinction is a difficult concept to fully appreciate. What has been is no more and never shall be again. It would take another creation and billions of years to recreate the passenger pigeon. It is the loss of billions of years of evolutionary programming. It is the destruction of beauty, the obliteration of truth, the removal of uniqueness, the scarring of the sacred web of life.
To be responsible for an extinction is to commit blasphemy against the divine. It is the greatest of all possible crimes, more evil than murder, more appalling than genocide, more monstrous than even the apparent unlimited perversities of the human mind. To be responsible for the complete and utter destruction of a unique and sacred life form is arrogance that seethes with evil, for the very opposite of evil is live. It is no accident that these two words spell out each other in reverse.
The loss of biodiversity is the gravest problem facing humanity—it outweighs every other consideration
Chen 00 (Jim, Prof of Law @ Univ. of Minnesota, Winter, 9 Minn. J. Global Trade 157, lexis)
The value of endangered species and the biodiversity they embody is "literally ... incalculable." n343 What, if anything, should the law do to preserve it? There are those that invoke the story of Noah's Ark as a moral basis for biodiversity preservation. n344 Others regard the entire Judeo-Christian tradition, especially the biblical stories of Creation and the Flood, as the root of the West's deplorable environmental record. n345 To avoid getting bogged down in an environmental exegesis of Judeo-Christian "myth and legend," we should let Charles Darwin and evolutionary biology determine the imperatives of our moment in natural "history." n346 The loss of biological diversity is quite arguably the gravest problem facing humanity. If we cast the question as the contemporary phenomenon that "our descendants [will] most regret," the "loss of genetic and species diversity by the destruction of natural habitats" is worse than even "energy depletion, economic collapse, limited nuclear war, or conquest by a totalitarian government." n347 Natural evolution may in due course renew the earth with a diversity of species approximating that of a world unspoiled by Homo sapiens -- in ten million years, perhaps a hundred million. n348
A2: STATE PARKS DAS
Alternate Causality – Numerous other activities threaten parks
Kiether 2009 (April, Robert, J.D. Wallace Stegner Distinguished Professor, Law University of Utah S.J. Quinney College of Law and Director of the Wallace
Stegner Center for Land, Resources and the Environment. CLIMATE CHANGE AND NATIONAL PARKS; COMMITTEE: HOUSE NATURAL RESOURCES; SUBCOMMITTEE: NATIONAL PARKS, FORESTS AND PUBLIC LANDS CQ Congressional Testimony L/N)
During the past three decades, numerous studies have documented that the national parks face serious environmental challenges that can be traced to developments or activities occurring on adjacent federal, state, and private lands. See, e.g., U.S. Gen. Accounting Office, Activities Outside Park Borders Have Caused Damage to Resources and Will Likely Cause More (1994); National Park System Advisory Board, Rethinking the National Parks for the 21st Century 5-6 (2001). These threatening activities include oil and gas development on nearby federal and state lands, too many roads and too much unregulated off road vehicle activity in sensitive locations, and ill-planned subdivisions intruding on critical wildlife habitat, migration corridors, and other sensitive areas. In the face of a warming climate, which is already stressing national park resources, these external developments or activities either individually or cumulatively can destabilize vital park ecosystems, rendering them less resilient and undermining their utility as baseline study areas, biodiversity refuges, or carbon storage sites. The important lesson and one that climate change has reinforced is clear: We must begin to plan and manage at a landscape or ecosystem scale if we are to conserve and restore our ecologically critical federal lands and resources. At this scale, the national parks serve as the critical core of larger ecosystems that contain interconnected watersheds, air sheds, and wildlife habitats.
Impacts inevitable – currents laws don’t protect parks
Kiether 2009 (April, Robert, J.D. Wallace Stegner Distinguished Professor, Law University of Utah S.J. Quinney College of Law and Director of the Wallace
Stegner Center for Land, Resources and the Environment. CLIMATE CHANGE AND NATIONAL PARKS; COMMITTEE: HOUSE NATURAL RESOURCES; SUBCOMMITTEE: NATIONAL PARKS, FORESTS AND PUBLIC LANDS CQ Congressional Testimony L/N)
The initial question is whether the existing law is adequate to meet the challenge of landscape level planning and management sensitive to the national parks. At a superficial level, several legal provisions seem to offer important protection to the national parks; but upon closer inspection, these laws do not fully protect park lands and resources, and they are decidedly not designed to address the additional challenges associated with climate change. The amended National Parks Organic Act instructs the National Park Service to conserve its scenic and wildlife resources in an "unimpaired [condition] for the enjoyment of future generations" and to protect "the high public value and integrity of the National Park System." 16 U.S.C. 1, 1a-1. The National Environmental Policy Act (NEPA) requires all federal agencies to prepare an environmental analysis before taking any action that will significantly affect the human environment, but these requirements are merely procedural and do not require the agency to make environmentally protective decisions. 42 U.S.C. 4332(2)(C). The Endangered Species Act does protect federally listed species and their critical habitat, but it only applies when listed species are present, and it has not always been rigorously enforced. 16 U.S.C. 1531 et seq. While these laws compel the Park Service to protectively manage its own lands, they do not compel the same level of protective management on adjacent federal lands, at least not unless listed endangered species are present.
Current laws don’t have good enforcement nor do they cover adjacent private lands
Kiether 2009 (April, Robert, J.D. Wallace Stegner Distinguished Professor, Law University of Utah S.J. Quinney College of Law and Director of the Wallace
Stegner Center for Land, Resources and the Environment. CLIMATE CHANGE AND NATIONAL PARKS; COMMITTEE: HOUSE NATURAL RESOURCES; SUBCOMMITTEE: NATIONAL PARKS, FORESTS AND PUBLIC LANDS CQ Congressional Testimony L/N)
A very real problem, then, is how management priorities are set and implemented on adjacent federal lands, most often neighboring national forest or BLM lands. The Forest Service and the BLM manage their lands under a multiple-use standard, which frequently means mining, logging, grazing, and industrial level recreation. 16 U.S.C. 528; 43 U.S.C. 1732. On these lands, the National Forest Management Act (NFMA) and the Federal Land Policy and Management Act (FLPMA) contain provisions requiring the Forest Service and the BLM to coordinate their resource planning and project-level decisions with other federal agencies, which would include adjoining national parks. 16 U.S.C. 1604(a); 43 U.S.C. 1712(c)(9). But these coordination provisions have not proven enforceable, and they are frequently overlooked to achieve other multiple-use priorities. Recent reports indicate that the BLM completely disregarded an earlier interagency consultation agreement with the Park Service in order to expedite the sale of extensive oil and gas leases near Arches, Canyonlands, and Dinosaur national park units in Utah. Similar problems are evident at Grand Canyon National Park, where the Forest Service is moving ahead to permit uranium mining on national forest lands adjacent to the park, despite the Park Service's persistent objection. Moreover, the federal laws cited above have little or no application on adjacent state or private lands, which can be equally important to maintaining ecological integrity and resilience on the broader landscape.
Share with your friends: |