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STATIONARITY IS DEAD"' - LONG LIVE TRANSFORMATION: FIVE PRINCIPLES FOR CLIMATE CHANGE ADAPTATION LAW

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STATIONARITY IS DEAD"' - LONG LIVE TRANSFORMATION: FIVE PRINCIPLES FOR CLIMATE CHANGE ADAPTATION LAW

Author: Robin Kundis Craig


Publisher: Nashwa

Publication Date: Jan 31, 2008

Country: United States

Language: English

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Abstract

On Halloween, 2008, PBS's nightly news program The NewsHour reported the plight of Montana's $300 million recreational fishing industry and $2.4 billion agricultural industry, both of which depend on Montana's rivers and streams. Trout fishing makes up a substantial component of the fishing industry, but the trout begin to die when water temperatures reach 78°F or higher.' Unfortunately for the trout, average spring air temperatures have been rising since the 1950s, at a pace consistent with projected climate change impacts, and will continue to increase.2 Higher temperatures mean earlier snowmelt and hence less and slower-moving water in the summer, which in turn allows instream temperatures to rise above the trout's tolerance 3 - and temperatures are expected only to keep increasing. 4 As for agriculture, the decrease in the total volume of water available during the summer makes irrigation increasingly difficult.5 Thus, climate change appears to be simultaneously putting at risk Montana's trout, fishing industry, agriculture industry, and the human communities dependent on all three.