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Learning to Live with the Trickster: Narrating Climate Change and the Value of Resilience Thinking...

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Learning to Live with the Trickster: Narrating Climate Change and the Value of Resilience Thinking Robin Kundis Craig William H. Leary Professor of Law University of Utah S.J. Quinney College of Law 2015 Lloyd K Garrison Lecture on Environmental Law
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Page 1: Learning to Live with the Trickster: Narrating Climate Change and the Value of Resilience Thinking Robin Kundis Craig William H. Leary Professor of Law.

Learning to Live with the Trickster: Narrating Climate

Change and the Value of Resilience Thinking

Robin Kundis CraigWilliam H. Leary Professor of Law

University of Utah S.J. Quinney College of Law

2015 Lloyd K Garrison Lecture on Environmental Law

Page 2: Learning to Live with the Trickster: Narrating Climate Change and the Value of Resilience Thinking Robin Kundis Craig William H. Leary Professor of Law.

Introduction

The Tricksterby Kinpouju

Page 3: Learning to Live with the Trickster: Narrating Climate Change and the Value of Resilience Thinking Robin Kundis Craig William H. Leary Professor of Law.

“Humans As Controlling Engineers”: WWII & After

Page 4: Learning to Live with the Trickster: Narrating Climate Change and the Value of Resilience Thinking Robin Kundis Craig William H. Leary Professor of Law.

Private Land Transformation: Farms

Photograph courtesy of American Prairie Reserve

Page 5: Learning to Live with the Trickster: Narrating Climate Change and the Value of Resilience Thinking Robin Kundis Craig William H. Leary Professor of Law.

Private Land Transformation: Cities

Hollywood c. 1900Photograph courtesy of Title Insurance & Trust

Hollywoodland, 1928

Hollywood, Late 20th CenturyPhotograph by Eric Norris

Page 6: Learning to Live with the Trickster: Narrating Climate Change and the Value of Resilience Thinking Robin Kundis Craig William H. Leary Professor of Law.

Public Lands Transformations

Clearcutting, Olympic National Forest WA, 1957

Ahwahnee Hotel, Yosemite Village, Yosemite National ParkOil Drilling on BLM Lands in CaliforniaPhotograph courtesy of the BLM

Page 7: Learning to Live with the Trickster: Narrating Climate Change and the Value of Resilience Thinking Robin Kundis Craig William H. Leary Professor of Law.

Transforming Aquatic Ecosystems

Dams in theUnited StatesMap from U.S.Army Corps ofEngineers data

Hydropower Dams in the Lower 48Map courtesy of VOX

Missouri RiverFlood ControlMap courtesy of

Oil-Electric

Map courtesy of the USDA

Page 8: Learning to Live with the Trickster: Narrating Climate Change and the Value of Resilience Thinking Robin Kundis Craig William H. Leary Professor of Law.

Humans as Controlling Engineers in Environmental Law

Newtown Creek Wastewater Treatment FacilityPhotograph courtesy of the City of New York

Orange County, CA Wastewater Treatment & Reclamation Facility

Page 9: Learning to Live with the Trickster: Narrating Climate Change and the Value of Resilience Thinking Robin Kundis Craig William H. Leary Professor of Law.

Technological Regulation of Power Plants

Page 10: Learning to Live with the Trickster: Narrating Climate Change and the Value of Resilience Thinking Robin Kundis Craig William H. Leary Professor of Law.

Engineering in Restoration

Portage Creek & Kalamazoo River CERCLA Restoration, MIPulp & Paper Plant Contamination

Surface Mining Restoration under SMCRA

Page 11: Learning to Live with the Trickster: Narrating Climate Change and the Value of Resilience Thinking Robin Kundis Craig William H. Leary Professor of Law.

The Paradigm of Nature that Supports the Humans as Controlling Engineers

Narrative

Page 12: Learning to Live with the Trickster: Narrating Climate Change and the Value of Resilience Thinking Robin Kundis Craig William H. Leary Professor of Law.

How Nature Really Works

Page 13: Learning to Live with the Trickster: Narrating Climate Change and the Value of Resilience Thinking Robin Kundis Craig William H. Leary Professor of Law.

Panarchy & Climate Change

Page 14: Learning to Live with the Trickster: Narrating Climate Change and the Value of Resilience Thinking Robin Kundis Craig William H. Leary Professor of Law.
Page 15: Learning to Live with the Trickster: Narrating Climate Change and the Value of Resilience Thinking Robin Kundis Craig William H. Leary Professor of Law.

NARRATIVE #1: Climate Change Isn’t Happening

Page 16: Learning to Live with the Trickster: Narrating Climate Change and the Value of Resilience Thinking Robin Kundis Craig William H. Leary Professor of Law.

NARRATIVE #2: It isn’t us.

Page 17: Learning to Live with the Trickster: Narrating Climate Change and the Value of Resilience Thinking Robin Kundis Craig William H. Leary Professor of Law.

NARRATIVE #3: Technology Will Save Us

Page 18: Learning to Live with the Trickster: Narrating Climate Change and the Value of Resilience Thinking Robin Kundis Craig William H. Leary Professor of Law.

NARRATIVE #4: It’s the End of the World as We Know It

Page 19: Learning to Live with the Trickster: Narrating Climate Change and the Value of Resilience Thinking Robin Kundis Craig William H. Leary Professor of Law.

Blending Narrative #4 with Apocalypse Narratives

Page 20: Learning to Live with the Trickster: Narrating Climate Change and the Value of Resilience Thinking Robin Kundis Craig William H. Leary Professor of Law.

#4 Variation: Carpe Diem/ Party Like It’s 1999

Image courtesy of NASA

“If Antarctic Melting Has Passed The Point Of No Return We Should Do Less About Climate Change, Not More”

Page 21: Learning to Live with the Trickster: Narrating Climate Change and the Value of Resilience Thinking Robin Kundis Craig William H. Leary Professor of Law.

Why the Trickster Can Help: Change but not Despair

Page 22: Learning to Live with the Trickster: Narrating Climate Change and the Value of Resilience Thinking Robin Kundis Craig William H. Leary Professor of Law.

Climate Change as the Trickster: One Example

Page 23: Learning to Live with the Trickster: Narrating Climate Change and the Value of Resilience Thinking Robin Kundis Craig William H. Leary Professor of Law.

A Better Framework for Changing Times

ResilienceThinking

Page 24: Learning to Live with the Trickster: Narrating Climate Change and the Value of Resilience Thinking Robin Kundis Craig William H. Leary Professor of Law.

Acknowledging Different Outcomes from Changes

Page 25: Learning to Live with the Trickster: Narrating Climate Change and the Value of Resilience Thinking Robin Kundis Craig William H. Leary Professor of Law.

Acknowledging that Transformations are Possible

Page 26: Learning to Live with the Trickster: Narrating Climate Change and the Value of Resilience Thinking Robin Kundis Craig William H. Leary Professor of Law.

Consequences for Environmental & Natural Resources Law

• Laws that reduce existing stressors on ecosystems are even more important.

• We need a strong precautionary principle.

• We need to increase protections for ecosytems and habitats and open more corridors.

• Population and consumption have to be part of the discussion.

Page 27: Learning to Live with the Trickster: Narrating Climate Change and the Value of Resilience Thinking Robin Kundis Craig William H. Leary Professor of Law.

Reduce Existing StressorsEX: Pollution Control

Graphic courtesy of the EPA.

Graphic courtesy of the USGS

Active & Pending Superfund SitesMap courtesy of the Nicholas School, Duke University

Page 28: Learning to Live with the Trickster: Narrating Climate Change and the Value of Resilience Thinking Robin Kundis Craig William H. Leary Professor of Law.

Employ a Strong Precautionary Principle: EX: Oceans & Fisheries

Graphic courtesyof NOAA

Page 29: Learning to Live with the Trickster: Narrating Climate Change and the Value of Resilience Thinking Robin Kundis Craig William H. Leary Professor of Law.

Protect Ecosystems & Habitats and Create Corridors

Page 30: Learning to Live with the Trickster: Narrating Climate Change and the Value of Resilience Thinking Robin Kundis Craig William H. Leary Professor of Law.

Include Population & Consumption Issues in Policy

Page 31: Learning to Live with the Trickster: Narrating Climate Change and the Value of Resilience Thinking Robin Kundis Craig William H. Leary Professor of Law.

The Empowerment

• Resilience thinking warns us that undesirable transformations are possible, and in some cases, maybe, inevitable.

• HOWEVER, resilience thinking also teaches us that we can work to avoid the socio-ecological transformations we REALLY don’t want.

Page 32: Learning to Live with the Trickster: Narrating Climate Change and the Value of Resilience Thinking Robin Kundis Craig William H. Leary Professor of Law.

And One Last Point . . .

Resilience thinking also counsels us that if we don’t get serious about mitigation, the climate change trickster will play a bigger and bigger role in our lives, in ways that make us increasingly uncomfortable.

Trickster Print by Bill Lewis

Page 33: Learning to Live with the Trickster: Narrating Climate Change and the Value of Resilience Thinking Robin Kundis Craig William H. Leary Professor of Law.

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