Climate Change Impacts on Ocean and Coastal Law: U.S. and International Perspectives edited by Randall S. Abate Published by Oxford University Press, 2015, 699 pp., £115.00, hardback.

• Published date: 01 April 2019
• Date: 01 April 2019
• DOI: http://doi.org/10.1111/reel.12268
• Author: Richard Caddell

BOOK REVIEWS

CLIMATE CHANGE IMPACTS ON OCEAN AND

COASTAL LAW: U.S. AND INTERNATIONAL

PERSPECTIVES edited by Randall S. Abate

Published by Oxford University Press, 2015, 699 pp., £115.00, hardback.

It is beyond sane and rational dispute that climate change will con-

tinue to have significant impacts upon marine ecosystems and aquat-

ic species and, in turn, the human communities that are reliant upon

the global oceans for nutritional and economic sustenance. Such

impacts are myriad but will likely include altered species distributions

and phenological adjustments (and associated losses and windfalls in

particular jurisdictions), greater meteorological unpredictability, sea‐

level rise, and significant changes to the conservation status of mar-

ine species from habitat degradation and alteration. These current

and future developments create monumental challenges for regula-

tors and legislators at all tiers, from local marine ordinances, to

national and subnational adaptation and mitigation strategies, and

the need to foster globalized solutions to fast‐changing climatic and

oceanic conditions. Such challenges also play out against a compli-

cated backdrop of political intransigence, a shifting knowledge base

and limitations upon the accuracy of modelled predictions for future

ecosystems, while the traditionally reactionary nature of environ-

mental law often impedes the elaboration of far‐sighted and dynamic

legal solutions. It is in this multifaceted context that Climate Change

Impacts on Ocean and Coastal Law seeks to consider prospective

legal responses to these complex problems and collate examples of

emerging best practice.

The book, edited by Randall S. Abate, is thus an ambitious collec-

tion of papers, seeking to provide a panoramic view of legal

responses to the regulatory challenges posed by climate change

upon the oceans, by harnessing an extensive multidisciplinary team

of expert commentators. To this end, the book is predicated on an

observation familiar to those concerned with the potential fragmen-

tation of (international) law, namely that responses to common prob-

lems have been potentially stymied by a lack of joined‐up thinking

between legal disciplines –in this context ‘climate change regulation’

and ‘ocean and coastal law’are considered to have largely main-

tained a sense of mutual exclusivity –to the detriment of effective

regulatory solutions. The volume therefore represents a welcome

opportunity to unite these perspectives to consider how legal

responses to future climate‐related problems could be further

enhanced through the cross‐pollination of related legal principles.

The collection opens with a helpful introduction by Abate and Sarah

Ellen Krajci which, in a microcosm of the book itself, provides an

overview of the key legal and scientific difficulties that are posed by

climate‐attributable oceanic changes, setting the scene for the subse-

quent chapters.

The book comprises a further 28 substantive chapters, demar-

cated into two ‘units’, which address oceans and coasts, respectively,

with many of the contributions addressing the labyrinthine dimen-

sions of US state and federal laws and their application to the wider

dimensions of climate change. Consideration of oceanic issues com-

mences with a discussion of legal responses to the under‐examined

issue of acidification by Miyoko Sakashita, who observes that like

many jurisdictions, the United States lacks specific legislation on

acidification, yet a broad framework can be teased out from core

legislation. In this respect, Sakashita considers that the Clean Water

Act (CWA), whose broad mandate is readily identifiable from its titu-

lar intent, could be used to develop innovative solutions to mitigate

acidification. In something of a running theme in this volume, how-

ever, such a possibility has been undermined by a lack of political

will at both a federal and state level to utilize the CWA in this man-

ner. This analysis dovetails well with that of Margaret E. Peloso, who

considers the corresponding role of the Clean Air Act (CAA) in

addressing acidification. Peloso, however, is less optimistic about the

role of the CWA in isolation and argues that this issue can only be

effectively addressed in tandem with atmospheric emissions stand-

ards and international cooperation, again raising concerns as to

whether the Environmental Protection Agency (EPA) has fully

engaged with this problem.

The subsequent chapters move to consider marine capture fish-

eries, which are projected to experience profound changes across

the course of the present century. Following a concise (and to those

uninitiated in the technicalities of US fisheries legislation) helpful pri-

mer on the Magnuson–Stevens Act, a series of illuminating case

studies are presented on fisheries management within particular

locations. Susan E. Farady examines the nationally significant New

England fisheries, notably those for lobster, squid and cod, which

have each faced substantial challenges in recent years due to the

impacts of climate change. Similarly, Richard J. McLaughlin considers

the fisheries of the Gulf of Mexico, while Janis Searles Jones, Ivy

Fredrickson and Adanah Leibman examine the fisheries of the Pacific

and Arctic. While each of these regions faces its own challenges,

whether political or financial, a common observation is that both

domestic and international fisheries will be increasingly forced to

operate in a climate of acute uncertainty, requiring precautionary

and adaptive management if the pursuit of particular stocks is to

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DOI: 10.1111/reel.12268

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