a brief but interesting article concerning how courts are dealing with climate change as it relates to endangered species titled The Revival of Climate Change Science in US Courts
There is a brief but interesting article concerning how courts are dealing with climate change as it relates to endangered species titled The Revival of Climate Change Science in US Courts
By WH Rodgers Jr, AK Rodgers, Washington Journal of Environmental Law & Policy, 2016, 6(2), p533-541. Generally, the courts have failed to act in such cases because of the fact that “climate change” is still reviewed as having a great deal of “uncertainty” about it. However, they cite one case in which Oregon District Court Judge Simon employed climate change in a ruling concerning federally-operated dams on the Snake and Columbia Rivers and endangered salmon. The judge ruled that scientific “uncertainty does not excuse NOAA Fisheries from conducting an analysis using the best available science regarding climate change and its effects” and the court remanded the matter back to the agency.” This is interesting and shows how the criterion of “best available science” can counter the argument of “scientific uncertainty.” The article is available at https://digital.law.washington.edu/dspace-law/bitstream/handle/1773.1/1603/6WJELP533.pdf?sequence=4&isAllowed=y
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