Ecosystem services: some important stories from 2013

I've assembled a non-exhaustive, non-representative sample of stories in the ecosystem services world (broadly defined) from this year that promise to be important in 2014. Here they are - what are yours?

2013 was a year chock full of hotspots of ecosystem services projects and controversy - like the debates in the UK over the country's new habitat mitigation market - but among them, Louisiana stands out. Dubbed "the Himalayas of ecosystem services," there's been more than enough to report on there. There's the very beginnings of RESTORE Act implementation, for starters. The Act will take all the cash BP gets fined in its civil trial and put it towards comprehensive wetland restoration and sediment diversion projects across the Gulf. It's a windfall for the region, and state agencies and conservationists there want to spend the money wisely, knowing what they get for their investment. They've written a raft of plans on how to proceed, and ES feature prominently as the objects of concern and the measures ($ and otherwise) of success. We'll see more projects coming online in 2014 and begin to see their effectiveness.

Speaking of BP's ongoing civil trial, there've been lawsuits left and right in Louisiana this year that revolve around what's the best way to do coastal restoration and who's to blame for the mess of wetland loss. As arguments came to their final stage in BP's ongoing civil trial, the southeastern Louisiana levee board that was created after Katrina to deal with systemic wetland loss in the area drew on some arcane French-era law on levees to launch a multi-billion dollar lawsuit against oil/gas companies for the part their canals have played in destroying wetlands. That drew the outrage of the state's Coastal Protection and Restoration Authority, who says, no, the Army Corps of Engineers and their levees on the Mississippi are to blame. Gov. Jindal had John Barry - the levee board member who advocated for the lawsuit - sacked while CPRA went ahead with its own lawsuit against the corps. The different lawsuits are not just indicative of differing opinions of who's to blame - the corps or the resource extraction industry - but of what's the best way to do restoration: fill in old oil/gas canals, or breach levees to divert sediment to form new land?

If billion dollar plans and lawsuits weren't enough, New Orleans was named one of the Rockefeller Foundation's 100 resilient cities. NOLA will get a "Chief Resilience Officer" funded by Rockefeller and the city will also be the test site for some new software made by the same company that makes data mining tools for the CIA that will help the new CRO figure out what investments in resilience will be most likely to payoff.

In fact, this year we learned that about half of all federal spending that could be defined as related to ES is on tools for mapping, monitoring, and modelling ES. In the Gulf (and for several other places around the world), The Nature Conservancy and partners have put together a slick interactive tool that lets users visualize different investment options for restoration. ES monitoring is moving to automation at the same time that folks are figuring out how to build new maps and models. The Forest Service runs several experimental "smart forests" that collect lots of data on many different environmental indicators, and they (and many other resource agencies) are also (infamously) exploring the use of drone technology to manage forest fires. There's a growing number of tools for measuring and managing ES, and these tools have become fundamental to the ES paradigm (see a great special issue on them in the new journal Ecosystem Services here). Watch for new efforts at big data analysis and ES in the coming year.

2013 saw yet more institutions organizing business and government around seeing environmental degradation as a matter of nature's benefits not having an economic value. That's not to say these new fora and panels actually did anything about the very issues on which they pontificated. I'm thinking here about November's first World Forum on Natural Capital, which was essentially more a feel-good pep talk for corporate leaders and less a hashing out of actionable tasks. It didn't go uncontested and in 2014 we should expect to see the same sort of opposition that we've see for carbon as business leaders aim to price any and all other ES. In December, the new Intergovernmental Panel on Biodiversity and Ecosystem Services convened in Turkey to finalize their first work plan. It's been years in the making and we'll see in 2014 how it starts to get implemented.

The story that most fell under the radar this year was the White House's executive order on climate change adaptation and resilience. This year, about 30 federal agencies developed their first-ever set of plans for how they intend to respond to climate change in their operations and outreach. The EO goes a step further and calls on all agencies to revamp their programs to make it easier to fund projects that are meant to support resilience, for agencies like Interior to manage their lands for resilience, for agencies to develop data and tools for recognizing resilience, and for agencies to plan for climate change risk. All these have the potential to be driving significant work in the coming year and beyond.

The story that wasn't was the US Supreme Court's ruling that appears to constrain regulators' flexibility in determining appropriate compensation for wetland and stream impacts under the Clean Water Act. It's not yet clear whether it'll actually turn out to be problematic. Meanwhile, EPA and ACOE are finally getting around to clarifying what wetlands and streams are within their ambit, a move that environmentalists have long fought for in the legislative sphere. As the draft guidance currently stands, it could bring in millions of dollars more in compensation work yearly because it expands what counts as a water of the US.

The single best piece out there this year on ES was Paul Voosen's history of ES as told through Gretchen Daily, Peter Kareiva, and Michael Soule. He does a brillant job showing how even if it looks like it from 30,000 feet not every conservationist is on board with the project of valuing nature, and he ties this in with an on the ground look at ES "modelling sausage." If you haven't read it yet, go do it now. The runner-up is SciAm's recent piece characterizing the paradigms and debates in wetland restoration today, with a major focus on differing opinions on how to do work in the Gulf.

So what did I miss?

New climate adaptation lawsuit in Louisiana

A flood protection agency in Southeast Louisiana is suing oil and gas companies including BP and Exxon Mobil for damages to wetlands caused by pipeline canals, and their case is making it above the fold of the NYT. Southeast Louisiana Flood Protection Authority-East claims that the canals have altered hydrology in the area in such a way that has caused hurricane damage to increase and that, over time, will cause coastal lands to "slip into the Gulf of Mexico by the end of this century, if not sooner." Though they don't state it as such (itself interesting), the object in question in this case is ecosystem services: "BP and Exxon Mobil, you've destroyed the flood mitigation service these wetlands are supposed to provide to us, and we're going to hold you accountable for our loss" As cities and states attempt to preserve, design, and restore dunes, marshes, reefs, wetlands, etc. in the aftermath of Hurricane Sandy, SLFPAE's case will tell us more about the extent to which not just these habitats, but the climate-buffering services they provide will be treated by the courts (see Keith Hirokawa's work here and here for excellent first answers).

At first glance, a water agency in SE LA doesn't seem like the sort of entity to be bringing suit against some of the world's most powerful corporations. But they're pulling absolutely. no. punches. The gem of the case is here - to them, the oil/gas pipelines constitute a:

“mercilessly efficient, continuously expanding system of ecological destruction”

BOOM. So what are they asking for? 

"many billions of dollars. Many, many billions of dollars.”

Um...It's hard not to think of a certain late 90s comedy here, making it difficult to take the agency's case seriously. From the starting gates, the flood protection agency is equivocating on the role of the federal government, namely the Army Corps of Engineers, and why that entity shouldn't be held liable as well for its part in reworking the bayou's hydrology.

At any rate, it seems the lawsuit's hooks are not in the Clean Water Act per se, but in common law: negligence, nuisance, and some archaic LA code dating back to French rule called "Servitude of Drain" requiring downstream landowners to provide means for conveying water off adjacent upstream properties. It's not spelled out for us how SLFPAE thinks it applies to this case, but I suppose the argument is that BP and Exxon Mobil have altered the area's hydrology in a way that downstream areas too effectively drain, indeed conveying stormwaters onto higher ground than before.

Bringing it back: we can probably think of this as perhaps the US's second major climate adaptation lawsuit - NYT explicitly makes the link to the first: Kivalina, the Alaskan community that sued Exxon Mobil for the effects of climate-caused sea level rise on their village. The court there said that Kivalina's case was more a political question than a justiciable one. We'll see how SLFPAE's case pans out, but hopefully it'll regain some ground, as common law applications to the environment become increasingly tenuous, from Kivalina to Wisconsin.

Restoring climatized ecosystem services for the market: Part 2

In my earlier post I asked whether and how regulators might respond to the effects of climate change by changing how they ask industry to do environmental restoration as compensation. This week's events provide a good opportunity to follow-up briefly:

1. Obama's climate speech. Not only was this the biggest occasion upon which he's said anything about his plans for mitigating climate change, he also laid out a strategy for responding to the effects. The point? Adaptation is finally on the table in a big way at the federal level.

2. The SCOTUS ruling on Koontz. You can find good analyses here, there, and over yonder. In short, the case was about a landowner who wanted to turn some wetlands into a shopping mall (sound familiar?), but the local authorities wanted him to dump some cash into area conservation efforts as a condition of him paving those wetlands over. The court was unclear on the merits of this specific case, but ruled that asking for money can constitute an unconstitutional taking of property. At any rate, the points to keep in mind here are: 1. the impact on existing wetland and stream compensation practice is uncertain; time will tell; 2. As Kagan argued in her dissent - and which others have duly noted - part of this uncertainty means that that local regulators will be hesitant to condition developers' permits for fear of litigation. Given that most interest in adapting to "climatized" ecosystem services in the US so far has come from local level action, what we might see then is local regulators less willing/able to ask developers to do forms of restoration or compensation that are more than they would otherwise get away with asking for. Concretely: if Local Water Management District X were to say to Developer Y that climate change could mean Y's postage-stamp wetland restoration will fail and so it should pay into an area-wide restoration fund, does it have a takings claim on the basis that such predictions about the effects of future climate change on one particular parcel are uncertain and therefore excessive? Here again we raise the question of how science can and will interface with law.

So, to put this week's two big environmental law new stories side by side, let's ask: if the feds are getting serious about climate planning, to what extent can they see and account for what so many claim is at the core of a changing climate (and ecosystem services) - localized hydrological impacts?