[audio:http://www.wdde.org/wp-content/uploads/2014/05/TheGreen_05162014_1-SLRLegal.mp3|titles= Delaware Public Media's Tom Byrne interviews Widener Law professor Ken Kristl about his sea level rise report.]
The legal ramifications of adapting to sea level rise is the subject of a new study from Widener Law’s Environmental and Natural Resources Law Clinic
Widener Law professor Ken Kristl authored the 188-page report, which he hopes will provide a legal road map for policymakers, regulators and the public as they examine options, such as the recommendations released last year by the state’s Sea Level Rise Advisory Committee.
Kristl highlights eight legal tools that could potentially be used in adaptation policy: zoning codes, acquisition and buyout programs, building restrictions, setbacks and buffers, conservation easements, rolling easements, transferable development credits and real estate disclosures.
Kristl's report does not offer an assessment which options may be most effective, but outlines how they would work and the legislative changes needed to use them in an effort to get the conversation started.
“I think the sooner we start the conversation the better it is because I think this conversation is going to take a long time and in order to be in front of the rising waters the sooner we start the better,” said Kristl.
Kristl adds that one reason getting started is important is that legislative changes are necessary to use any of these tools to address rising seas, and that process may not come easily.
“I think that people don’t fully appreciate [the complexity]. I certainly didn’t appreciate when I started this project how complex this would be and how much legal change would have to happen in order to use some of these tools," said Kristl. "There great ideas but were going to have to change the laws to utilize them.”
Kristl also notes that political considerations are likely to come into play as the state seeks to develop a unified adaptation strategy.
"Any response is ultimately going to bring into conflict different interests," said Kristal. "We're always going to see that conflict and I think what's essential to developing a good strategy is we've got talk through those issues and we;ve got to put them on the table and say let's find a way to balance the interests."
Kristl will hold the last of three workshops on the study Thursday, May 22nd at the New Castle Public Library in New Castle at 7pm.
It is available now for purchase online and will be available at no cost through the Widener Environmental Law Center website at the beginning of June.
