Chad J McGuire- Juris Doctor
- Professor (Full) at University of Massachusetts Dartmouth
Chad J McGuire
- Juris Doctor
- Professor (Full) at University of Massachusetts Dartmouth
Analyzing coastal risk assessments and policy implications under conditions of sea level rise.
About
73
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Introduction
I am a professor of environmental policy within the Department of Public Policy at the University of Massachusetts, Dartmouth. My background is in environmental law and environmental science. I teach, write, and practice in the fields of environmental law, policy, sustainability, and dispute resolution. I work primarily on policy issues related to climate change, coastal management, property rights, risk perception, and land use patterns.
Current institution
Publications
Publications (73)
This article explores the effect of the Trump administration's withdrawal from the Paris Agreement from the perspective of climate change communication. How government communicates climate change has a strong likelihood of influencing public perception about climate change. In this way, climate change is not simply an objective phenomenon observed...
In this conceptual paper, we draw upon the insights of Feminist Science Studies, in particular Karen Barad’s concept of agential realism, as a critical analytical tool to re-think nature and culture binaries in dominant science knowledge-making practices and explanatory accounts, and their possible implications for science education in the context...
This paper presents an analysis of key legal and regulatory instruments in the United States that impact climate adaptation planning. The analysis is framed within a social-institutional context, meaning the legal-regulatory environment is viewed from the perspective of the practices and norms that are created through existing laws and policies. Th...
Not only are humans responsible for the anthropogenic causes of currently observed climate change, but we are also responsible for our responses to climate change. How we choose to respond provides important insights into our ability to collectively act in the face of threats with the unique characteristics of climate change. This communication att...
Climate change is not only about the natural phenomena driving the observations and predictions of a warming globe. It is also deeply embedded in the ways in which humans think about the very concept of climate change at varying levels of complexity: from individual thought through national and even global policy adoption. An important aspect of ho...
This chapter introduces the legal concept of fault attribution as a framework for assessing the effectiveness of current national policies in relation to coastal climate change adaptation. The UnitedStates has expressed a stated goal of increasing resilience and adaptiveness to the effects and impacts of climate change along its coastlines. One way...
Coastal ecosystem integrity is focused primarily on the ecological aspects of natural coastlines: the biological, chemical, and physical characteristics of coastal features. Coastal ecosystem resiliency focuses on the capacity of that system to maintain its biological, chemical, and physical integrity in the face of stressors. One of the major stre...
This interactive session aims to share results, experiences, and lessons from environmental educators, education researchers, and policy experts on how a student-centered summer course can empower students to act as environmental leaders. Attendees will be engaged in a hands-on activity replicating student experiences from the summer course.
The United States has a long history of national policies that have prioritized and supported coastal development, often at the expense of coastal ecosystem integrity. The emerging and cumulative impacts of climate change, particularly rising sea levels and their associated effects, has influenced the continued dependence on these historical polici...
The United States of America has a long history of providing financial assistance to those it deems have suffered through no fault of their own. In the parlance of federal disaster assistance, this has generally meant the harm is caused by “natural” phenomenon outside human agency. When the harm is seen as “human-caused,” for example economic reces...
Coastal ecosystems provide a tremendous amount of value to human wellbeing. Not only do they yield a wealth of services that benefit humans, such as acting as hatcheries and nurseries for commercially valuable fish species, but they also provide more indirect benefits like protecting nearshore development from coastal storm surges. Climate induced...
The purpose of this brief is to highlight the importance of looking at the distributional effects of environmental policies as they are being implemented to achieve their ultimate goal(s). It focuses on recent study that attempts to measure disproportionate effects during the implementation of a policy, rather than looking solely at the effects aft...
The United States of America (US) is a coastal nation. The majority of its citizens, and its largest cities, exist within sensitive coastal habitats. Observed and predicted sea level rise is threatening the integrity of coastal ecosystems. The purpose of this paper is to describe and contextualize the existing national policy paradigms of coastal d...
Many areas of the world include significant human development in low-lying coastal areas. The United States is no exception. And like many coastal nations, the United States has a long history of public policies that subsidize coastal development. These subsidies, in the aggregate, have created a policy orientation that views coastlines as passive...
The United States is a coastal nation. More than two-thirds of its population live within coastal states. Many of these developed coastal areas are low-lying, subject to flooding and similar hazards related to sea level rise. Historical policies have incentivized coastal development and redevelopment. And today, as a direct result of sea level rise...
Not only are humans responsible for the anthropogenic causes of currently observed climate change, but we are also responsible for our responses to climate change. How we choose to respond provides important insights into our ability to collectively act in the face of threats with the unique characteristics of climate change. This communication att...
The purpose of this paper is to provide a cost-centric policy approach to coastal resiliency planning. Current policy dynamics in many countries treat risky coastal areas as revenue centers. This results in coastal resiliency policies that are focused on maintaining the economic value of increasingly risky coastal assets. As a counter proposal, thi...
This chapter analyzes the use of public morality as a defense to inter¬national obligations. It considers whether and under what circumstances a nation is required to adhere to international agreements when those agree¬ments involve morally questionable practices against animals. A case study of the World Trade Organization (WTO) complaint by Canad...
Coastal property is becoming more dynamic as it is subjected to the forces of climate change. This is particularly true for low-lying coastal areas, where climate-induced change is altering long-standing public policies associated with coastal development. In the US, attempts to address the new reality of climate change from a programmatic standpoi...
This study reviews the impact of a sulfur cap-and-trade program on distributions of sulfur within Massachusetts from 1990 thru 2014. The results indicate that sulfur reductions occurred throughout Massachusetts that were proportional, including a targeted study area within the state that meets the operational definition of a marginalized community....
The purpose of this paper is to provide a cost-centric policy approach to coastal resiliency planning. Current policy dynamics in many countries treat risky coastal areas as revenue centers. This results in coastal resiliency policies that are focused on maintaining the economic value of increasingly risky coastal assets. As a counter proposal, thi...
As seas continue to rise, the traditional balance between private landowner rights and the public good come into conflict. Much of this conflict resides in how property rights are viewed from the standpoint of societal norms. On one side is what this chapter terms a Lockean view that sees real property rights as outside societal norms, meaning they...
Current trajectories of federal environmental policy will likely increase the percentage of the population exposed and impacted by environmental hazards. This likely expansion will cross existing socioeconomic barriers that help to define our current understanding of marginalized or environmental justice communities. With increased exposure comes t...
The purpose of this article is to outline and discuss some of the difficulties in translating objective climate science into effective public policy. It is argued here that a fundamental difference of focus exists between climate science and climate policy. Climate science focuses primarily on an objective risk orientation when researching and cons...
The aim of this paper is to discuss the United States public flood insurance and disaster relief programs in the context of current policies that influence current and future policy goals related to climate change. The methodology employed is a case study approach that looks at the historical development of current public flood insurance and disast...
Communicating climate change presents unique problems from a public policy standpoint. Specifically, the public narrative about climate change can act to reinforce existing worldviews or, in the alternative, aid in moving worldviews in new directions. Existing policies can help or hinder this process. For example, a long-standing policy can engende...
Massachusetts, like many coastal states in the US, stands to be impacted from climate-induced sea level rise. As a result, climate-sensitive coastal policy instruments are critical for providing adequate adaptation options, including an option to allow coastal features to migrate inland. But the migration of coastal features is under threat due to...
This article uses the history and current state of publicly subsidized coastal flood insurance policy in the United States to highlight how perceptions of risk can be influenced by past and current policy practices. For the purposes of this article, public flood insurance premiums are used as a proxy for risk; higher premiums suggest greater risk,...
The Trump administration has been explicit in its intent to rollback environmental regulations aimed at controlling key sources of pollution. These include efforts to reverse current policy initiatives to combat climate change and protect the integrity of the national air and watersheds. The purported rationale, in sum, is that current policy initi...
Climate change is rapidly altering our environment in ways that directly impacts animal wellbeing. At the same time international legal precedents are emerging that advance the rights and welfare of animals. This article explains recent developments in the advancement of animal welfare in international trade law, and then discusses how such advance...
The communication of climate change presents unique problems from a public policy standpoint. Specifically, the public narrative about climate change can act to reinforce existing worldviews or, in the alternative, aid in moving worldviews in new directions. Existing policies can help or hinder this process. For example, a long-standing policy can...
Since 1968 the United States has implemented a system of public flood insurance. The system was built on subsidies that have aided in developing and reinforcing a low perception of risk among coastal communities and inhabitants. Recent attempts to update the public flood insurance system to reflect the actual risks posed, in part, by climate induce...
This article explores how the identification and account- ing of ecosystem services can aid coastal management policies, particularly as management looks to a future that includes the impacts of climate change. At the core of making better deci- sions is an understanding of the value of ecosystem services. The economic context of ecosystem services...
This article uses coastal flood insurance policy in the United States to discuss the influence of historical and existing policy frameworks on the development of new policy directions in coastal management within a context of risk perception. It is presumed that under conditions of current and future sea-level rise, coastal planning will have to de...
This chapter analyzes the use of public morality as a defense to inter- national obligations. It considers whether and under what circumstances a nation is required to adhere to international agreements when those agree- ments involve morally questionable practices against animals. A case study of the current World Trade Organization (WTO) complain...
Public planning for sustainability implies a forward-looking approach that often includes imagining future harm and taking steps to prevent that future harm before it occurs. A major challenge to implementing such forward looking, or precautionary, a policy instrument is managing the impacts such policies have on existing expectations. The purpose...
In order to evaluate the progressivity of National Flood Insurance Program (NFIP) premiums in a coastal US state that is directly exposed to the impact of climate change- induced sea level rise, this study examines the relationship between the average NFIP premium and the average property values of NFIP insured properties in 331 Massachusetts munic...
This chapter discusses the role of coastal zone management under conditions of climate change in the United States. More specifically, this chapter explores coastal zone management by examining the relationship between coastal states and the federal government, political entities that share interests and rights in coastal areas under constitutional...
In order to evaluate the progressivity of National Flood Insurance Program (NFIP) premiums in a coastal US state that is directly exposed to the impact of climate change- induced sea level rise, this study examines the relationship between the average NFIP premium and the average property values of NFIP insured properties in 331 Massachusetts munic...
This article looks at the role of existing government policies on perceptions of risk and the impact they have on developing forward-looking sustainable policy instruments. Coastal flood insurance policy in the United States is examined as a way of exploring the relationship between policy instruments and risk perception. Insights include the impor...
The value of anthropocentric indirect arguments (AIAs), as stated by Elliott (2014), is to focus on non-environmental benefits that derive from actions or policies that also benefit the environment. The key difference with these indirect arguments – from more direct anthropocentric arguments – is they focus on human benefits unrelated to the enviro...
Introduction References Understanding the Subject Matter Introduction The Environment Environmental Problems Role of Law in Environmental Problems Conclusion References Legal Frameworks in Environmental Law Introduction Types of Law Hierarchy of Law Legislative Frameworks Executive Frameworks Judicial Frameworks and the Role of Judicial Review Conc...
As climate change impacts are realized at the governance level, states and local governments are moving towards adaptation strategies that include increasing restrictions on how land is used in coastal zones. The purpose of this article is to review state regulatory strategies that are attempting to adapt to climate change in light of limits placed...
Because of the complexity involved in understanding the environment, the choices made about environmental issues are often incomplete. In a perfect world, those who make environmental decisions would be armed with a foundation about the broad range of issues at stake when making such decisions. Offering a simple but comprehensive understanding of t...
The purpose of this article is to highlight the impact of sea level rise on coastal landscape protections. To begin, a summary is provided of how coastal land is both utilized and protected. The utilization of coastal land includes a discussion of the values associated with coastal zones, including the development value of coastal land and the intr...
Comprehensive, but not overly technical, this book provides a legal-policy framework to the discussion of how coastal managers can best approach the problem of sea level rise. It identifies legal barriers and offers proposed solutions to mitigate the impact of those barriers. The book introduces the issue, delves into the science behind sea level r...
The purpose of this article is to identify the contrasting policy approaches being undertaken at the state and federal levels with respect to climate change and offshore resource development respectively, noting how these respective approaches are leading to a divergence between state and federal priorities in the marine environment. The divergent...
Environmental policy is about solving problems, not creating them. Policy frameworks are meant to be supportive of policy initiatives. Most environmental initiatives are impacted by new information, and as such, policy frameworks should be responsive to new information. Often existing policy frameworks limit the ability of information that suggests...
The goal of this article is to provide the reader with a kind of historical case study on how fisheries law and policy evolution have brought management of the resource to a more “systems-centered” approach. In addition to this historical rendition, another goal of this article is to identify some areas of potential growth, specifically the develop...
The purpose of this paper is to explain a framework that focuses on information flows as a means of understanding public policy decision-making, with a specific emphasis on information relating to sustainable development. The goal of this framework is to further aid in identifying and explaining the extent to which sustainability goals are being im...
@font-face { font-family: "SimSun"; }p.MsoNormal, li.MsoNormal, div.MsoNormal { margin: 0in 0in 0.0001pt; text-align: justify; font-size: 10.5pt; font-family: "Times New Roman"; }div.Section1 { page: Section1; } There is an ongoing practice in the international shipping community that impacts fundamental notions of sustainability as defined in the...
In response to over-exploitation and ecosystem degradation, United States federal fisheries policy is shifting from species-based to ecosystem-based management. In addition, the reauthorized Magnuson-Stevens Fisheries Conservation and Management Reauthorization Act of 2006 identifies the following goals to be achieved by 2011: end over-fishing, cre...
Online delivery has the potential to offer significant benefits in achieving multiple goals related to sustainable education. For example, students from a variety of backgrounds can access educational opportunity, allowing for vast dissemination of education. In addition, the methods employed in online learning are generally much lower in carbon in...
This paper reviews the current management scheme used by Massachusetts to protect vernal pools, which represent small-scale ecosystems, and analyzes its relative strengths and weaknesses from an overall sustainability standpoint by looking at the frameworks developed for management. The frameworks are analyzed to determine if the objectives of vern...
There is a traditional view suggesting forests remove carbon dioxide from the atmosphere (Pregitzer & Euskirchen, 2004), but they cease to serve as a carbon sink as they fully mature (Odum, 1969). Recent modeling of old-growth forests indicate they continue to serve as a “net sink” of carbon even after maturity (Carey, Sala, & Callaway, 2001; Zhou,...
This paper reviews the current management scheme used by Massachusetts to protect vernal pools, which represent small-scale ecosystems, and analyzes its relative strengths and weaknesses from an overall sustainability standpoint by looking at the frameworks developed for management. The frameworks are analyzed to determine if the objectives of vern...
In response to over-exploitation and ecosystem degradation, United States federal fisheries policy is shifting from species-based to ecosystem-based management. In addition, the reauthorized Magnuson-Stevens Fisheries Conservation and Management Reauthorization Act of 2006 identifies the following goals to be achieved by 2011: end over-fishing, cre...
The purpose of this article is to focus on how background principles of law, as explained in Lucas and seen in the light of climate change mitigation and adaptation, may be used as a defense to regulatory takings claims. This article points out the factors required to support the background principles exclusion to a regulatory takings claim by exam...
As the impacts and potential of climate change are realized at the governance level, states are moving towards adaptation strategies that include greater regulatory restrictions on development within coastal zones. The purpose of this paper is to outline the impacts of existing and planned regulatory mechanisms on the Fifth Amendment to the United...
The purpose of this article is to identify a number of issues regarding U.S. fisheries management that are currently being explored by the authors. The main categories of issues, from a legal context, are as follows: (1) Can ecosystem-based management be operationally implemented in a scientifically-sound manner under current regulatory practice?,...
