Chad James McGuire

University of Massachusetts, Dartmouth
Public Policy

Department of Public Policy
285 Old Westport Road
Dartmouth, MA
USA
02747
cmcguire@umassd.edu |  Visit Personal Website


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Mcguire

My research generally focuses on the relationship between legal frameworks and policy directions with application to environmental issues. I try to understand the influence legal frameworks have on the development, legitimation, implementation, and evaluation of policy goals. Recent applications of this work include federal fishery management and coastal land use adaptation strategies dealing with sea level rise.

Citation:
McGuire, Chad. 2015. "Valuing Ecosystem Services in Coastal Management Policy: Looking Beyond the Here and Now." Natural Resources & Environment 30 (2): 42-45.
Abstract: This article explores how the identification and account- ing of ecosystem services can aid coastal management policies, particularly as management looks to a future that includes the impacts of climate change. At the core of making better deci- sions is an understanding of the value of ecosystem services. The economic context of ecosystem services is explored in order to outline what may be considered a complete account- ing of costs. Once contextualized, ecosystem services will then be applied to current coastal management issues associ- ated with sea level rise. In particular, policy-relevant questions about mitigating and adapting to sea level rise at the coast will be discussed. For example, does it make sense to armor against the tide when considering both market-based and ecosystem services values in a decision-making framework? Also, what is the impact of current policies, such as nationally subsidized public flood insurance, on how risk is perceived by the public? And how does this perception potentially impact ecosystem service consideration in coastal management decisions?
URL: https://www.researchgate.net/publication/282705458_Valuing_Ecosystem_Services_in_Coastal_Management_Policy_Looking_Beyond_the_Here_and_Now
Citation:
McGuire, Chad, and Devon Lynch. 2013. "Thinking Ahead: The Impacts of Sea Level Rise on Coastal Landscape Protections." Natural Resources & Environment 24 (4):28-35.
Abstract: The purpose of this article is to highlight the impact of sea level rise on coastal landscape protections. To begin, a summary is provided of how coastal land is both utilized and protected. The utilization of coastal land includes a discussion of the values associated with coastal zones, including the development value of coastal land and the intrinsic ecological values that exist within coastal landscapes. From this summary, the issue of coastal landscape protection is discussed in relationship to sea level rise. This discussion focuses on two main choices relative to sea level rise response: staying at the coastline or, alternatively, retreating from the coastline. The factors impacting a stay or retreat deci- sion are identified and explored. Next, the legal considerations associated with the two choices—staying or retreating—are summarized. The relative benefits and costs of each choice are reviewed in relation to maintaining coastal landscape fea- tures, as are the potential legal impacts of government policies that affect private property rights in coastal land. Finally this article concludes with some recommendations on planning for the impacts of sea level rise from a programmatic stand- point, including the need to prioritize a response to sea level rise, understand the implications of choosing between staying at the shore and retreating from the shore, and understanding how these choices help to define and impact both the physical makeup and use of the coastal landscape in the future.
URL: http://works.bepress.com/chad_mcguire/36/
Citation:
McGuire, Chad. 2015. "U.S. Coastal Flood Insurance, Risk Perception, and Sea Level Rise: A Perspective." Coastal Management 43 (5):459-464.
Abstract: This article uses coastal flood insurance policy in the United States to discuss the influence of historical and existing policy frameworks on the development of new policy directions in coastal management within a context of risk perception. It is presumed that under conditions of current and future sea level rise, coastal planning will have to develop forward-looking policy instruments focused on managing human expectations, particularly the expectations of those living along the coast. Planning will be supported, in large part, by evolving scientific evidence on sea level rise and the attendant hazards that accompany this phenomenon. It is likely that policy proposals for future coastal management will deviate to some degree from previous management practices. The role of previous management practices in supporting a perception of risk that deviates from actual risks is explored using historical and current coastal flood insurance policy in the United States as an example. The goal of this analysis is to highlight the importance of community risk perception, as a function of past policy practice, when considering new coastal management policy directions.
DOI: 10.1080/08920753.2015.1051418
Citation:
McGuire, C. 2015. "The Role of Risk Perception in Building Sustainable Policy Instruments: A Case Study of Public Coastal Flood Insurance in the United States." Interdisciplinary Environmental Review 16 (2-4):232-252.
Abstract: Public planning for sustainability implies a forward-looking approach that often includes imagining future harm and taking steps to prevent that future harm before it occurs. A major challenge to implementing such forward looking, or precautionary, a policy instrument is managing the impacts such policies have on existing expectations. The purpose of this paper is to discuss the role of risk perception in the development of forward-looking policy instruments. A case study example focused on coastal flood insurance in the USA is presented to highlight the difficulty of implementing sustainable policy goals when current policies incentivise the discounting of risk. The goal is to highlight factors of current policy expressions, like the discounting of risk, that inhibit the development and implementation of sustainable policy instruments.
DOI: 10.1504/IER.2015.071013
Citation:
McGuire, Chad. 2012. "Public Policy Frameworks in Environmental Settings: An argument for new policy frameworks to support new policy directions." Environmental Management and Sustainable Development 11 (1):1-9.
Abstract: Environmental policy is about solving problems, not creating them. Policy frameworks are meant to be supportive of policy initiatives. Most environmental initiatives are impacted by new information, and as such, policy frameworks should be responsive to new information. Often existing policy frameworks limit the ability of information that suggests a change in policy direction. This article discusses some of the causes for this phenomenon and suggests that new policy frameworks should be considered in supporting new policy directions, rather than relying on the manipulation of existing policy frameworks.
URL: http://works.bepress.com/chad_mcguire/31/
Citation:
McGuire, Chad. 2015. "Climate Change and the Coastal Zone Management Act: The Role of Federalism in Adaptation Strategies." In Climate Change Impacts on Ocean and Coastal Law: U.S. and International Perspectives. Ed. Randall S. Abate. New York: Oxford University Press, 419-437.
Abstract: This chapter discusses the role of coastal zone management under conditions of climate change in the United States. More specifically, this chapter explores coastal zone management by examining the relationship between coastal states and the federal government, political entities that share interests and rights in coastal areas under constitutional federalism. To help place this review of federalism into a coastal management context, a particular federal law, the Coastal Zone Management Act (CZMA), will provide the context to highlight federal and coastal state interactions when managing coastal resources in an era of climate change. The CZMA will also provide a legal foundation from which coastal states and federal government interactions will be analyzed to see the influence of federalism when responding to threats in coastal areas caused by climate change.
DOI: http://dx.doi.org/10.1093/acprof:oso/9780199368747.003.0020
Citation:
McGuire, Chad. 2015. "Environmental Law and Inernational Trade: Public Morality as a Tool Advancing Animal Rights." Randall Abate, ed., What Can Animal Law Learn From Environmental Law (pp. 287-304). Washington DC: ELI Press.
Abstract: This book, edited by Prof. Randall S. Abate of Florida A&M University College of Law, seeks to fill the gap between the complex legal issues that matter most to the environmental law and animal law movements. Environmental law, with its intricate layers of international, federal, state, and local laws, has a longer history and is more established than its animal law counterpart. Yet, animal law faces many of the same legal and strategic challenges that environmental law faced in seeking to establish a more secure foothold in the United States and abroad. As such, animal law stands to gain valuable insights from the lessons of the environmental law movement’s experience in confronting those challenges.
URL: http://www.eli.org/eli-press-books/what-can-animal-law-learn-environmental-law
Citation:
McGuire, Chad. 2014. "Climate Induced Sea Level Rise and Sustainable Coastal Management: The Influence of Existing Policy Frameworks on Risk Perception." Sustainability 7(6): 299-303.
Abstract: This article looks at the role of existing government policies on perceptions of risk and the impact they have on developing forward-looking sustainable policy instruments. Coastal flood insurance policy in the United States is examined as a way of exploring the relationship between policy instruments and risk perception. Insights include the importance of understanding the role of community risk perception in policy development, as well as the role of historical and existing policies in influencing community risk perception.
DOI: http://dx.doi.org/10.1089/sus.2014.9764
Citation:
McGuire, C. (2014). "Losing the Message: Some Policy Implications of Anthropocentric Indirect Arguments for Environmental Protection." Ethics, Policy & Environment 17(3)
Abstract: The value of anthropocentric indirect arguments (AIAs), as stated by Elliott (2014), is to focus on non-environmental benefits that derive from actions or policies that also benefit the environment. The key difference with these indirect arguments – from more direct anthropocentric arguments – is they focus on human benefits unrelated to the environment. So, for example, less coal burning power plants means less respiratory illness and higher worker productivity. The air is cleaner, but rather than clean air being the goal in arguing for less coal burning power plants, healthier people is the goal. Or as Elliott notes, clean energy can create jobs, and energy efficiency in military operations can save taxpayer money.
DOI: http://dx.doi.org/10.1080/21550085.2014.955316
Citation:
McGuire, Chad. 2014. "Environmental Law From the Policy Perspective: Understanding How Legal Frameworks Influence Environmental Problem Solving." New York: Taylor & Francis.
Abstract: Most books on environment law focus on the law first, and then look at how environmental problems are dealt with in relation to the law. Taking a fresh approach, Environmental Law from the Policy Perspective: Understanding How Legal Frameworks Influence Environmental Problem Solving examines environmental problems first, followed by an examination of legal frameworks and how they impact environmental issues. This approach provides a clearer understanding of the relationship between the law and environment by examining environmental issues from an applied perspective.
URL: http://www.crcpress.com/product/isbn/9781482203677
Citation:
McGuire, Chad. 2013. "Adapting to Sea Level Rise in the Coastal Zone: Law and Policy Considerations." New York: Taylor & Francis.
Abstract: Comprehensive, but not overly technical, this book provides a legal-policy framework to the discussion of how coastal managers can best approach the problem of sea level rise. It identifies legal barriers and offers proposed solutions to mitigate the impact of those barriers. The book introduces the issue, delves into the science behind sea level rise, discusses policy complexities and options, followed by an overview of related legalities, then, bringing it all together, the author applies the principles offered in the book, concluding with strategies and solutions and a perspective on the future.
URL: http://works.bepress.com/chad_mcguire/35/
Citation:
McGuire, Chad. 2012. "Coastal Planning, Federal Consistency, and Climate Change: A Recent Divergence of Federal and State Interests." Natural Resources & Environment 27 (1): 41-46.
Abstract: The purpose of this article is to identify the contrasting policy approaches being undertaken at the state and federal levels with respect to climate change and offshore resource development respectively, noting how these respective approaches are leading to a divergence between state and federal priorities in the marine environment. The divergent approaches identified will be placed in the context of the CZMA, particularly the federal consistency requirement of that act, which helps to define the relationship between state and federal actions in ocean waters. Legal issues that arise from this divergence will be identified and analyzed. We begin with identification of current policy approaches undertaken by the federal and state governments in relation to resource development and climate change adaptation.
URL: http://works.bepress.com/chad_mcguire/34/
Citation:
McGuire, Chad. 2012. "Environmental Decision-making in Context: A Toolbox. Boca Raton: CRC Press.
Abstract: There is a constant drive for greater specialization when it comes to environmental problems. This book provides stakeholders from various backgrounds with the ability to place environmental problems and solutions within a common framework from which decisions can be made. It focuses on considerations from three primary areas of influence on environmental decision making: science, economics, and values. It presents the questions, issues, and problems that need to be addressed by today's environmental specialists. The text also includes case studies to illustrate the analytical reasoning required to employ contextually sound environmental decision-making.
URL: http://goo.gl/R5wce
Citation:
McGuire, Chad, and Helen Perivier. 2011. "The nonexistence of sustainability in international maritime shipping: Issues for consideration." Journal of Sustainable Development 4(1): 72-78.
Abstract: There is an ongoing practice in the international shipping community that impacts fundamental notions of sustainability as defined in the peer-reviewed literature (WCED, 1987; Gladwin, Kennelly & Krause, 1995; McManus, 1996, Naess, 2003; McGregor, 2004). The practice is based in discounting the true costs of maritime shipping through a system of open registries. By engaging in such practices, there is an inherent failure by the international community to internalize the true costs (environmental, social, labor, etc.) associated with shipping. The result is a practice that artificially keeps the international costs of maritime shipping low at the expense of environmental and labor concerns. This paper will identify the methods by which this generalized unsustainable practice is carried out, and link the practices to environmental policy failures at both domestic and international scales. While the main purpose of the paper is to serve as a scoping piece to identify the unsustainable practices of the international maritime industry, some general insights are also offered to suggest research directions that may aid in ensuring our global maritime shipping industry better internalizes generally accepted principles of sustainability. Work beyond this paper should focus on in-depth analyses and case studies to further develop the general principles discussed herein.
URL: http://works.bepress.com/chad_mcguire/23/
Citation:
McGuire, Chad, and Bradley Harris. 2012. "Systems thinking applied to U.S. federal fisheries management: Law and policy considerations." Natural Resources & Environment 26(3): 3-6.
Abstract: The goal of this article is to provide the reader with a kind of historical case study on how fisheries law and policy evolution has brought management of the resource to a more ‘systems-centered’ approach. In addition to this historical rendition, another goal of this article is to identify some areas of potential growth, specifically the development of legal instruments that are more adapted to systems principles.
URL: http://works.bepress.com/chad_mcguire/30/
Citation:
McGuire, Chad, and Jason Hill. 2012. "Climate Adaptation and the Fifth Amendment of the United States Constitution: A Takings Analysis of Adaptation Strategies in Coastal Development with Application to Connecticut’s Coastal Management Regime." Sea Grant Law & Policy Journal 5(1): 140-168
Abstract: As climate change impacts are realized at the governance level, states and local governments are moving towards adaptation strategies that include increasing restrictions on how land is used in coastal zones. The purpose of this article is to review state regulatory strategies that are attempting to adapt to climate change in light of limits placed on those strategies by the Fifth Amendment to the United States Constitution: the prohibition against the taking of private property by government action without a public purpose and just compensation. This article highlights the importance in identifying the roles governments can take beyond the role of “regulator” as a means of mitigating regulatory takings challenges. The analysis presented is then applied generally to Connecticut’s coastal management regime.
URL: http://works.bepress.com/chad_mcguire/33/
Citation:
McGuire, Chad. 2012. "Coastal Planning, Federal Consistency and Climate Change: A Recent Divergence in Federal and State Interests." Natural Resources & Environment 27(1): 41-46.
Abstract: The purpose of this article is to identify the contrasting policy approaches being undertaken at the state and federal levels with respect to climate change and offshore resource development respectively, noting how these respective approaches are leading to a divergence between state and federal priorities in the marine environment. The divergent approaches identified will be placed in the context of the CZMA, particularly the federal consistency requirement of that act, which helps to define the relationship between state and federal actions in ocean waters. Legal issues that arise from this divergence will be identified and analyzed. We begin with identification of current policy approaches undertaken by the federal and state governments in relation to resource development and climate change adaptation.
URL: http://works.bepress.com/chad_mcguire/34/
Citation:
McGuire, Chad. 2010. "A Case Study of Carbon Sequestration Potential of Land Use Policies Favoring Re-growth and Long-term Protection of Temperate Forests." Journal of Sustainable Development 3 (1): 11-16.
Abstract: There is a traditional view suggesting forests remove carbon dioxide from the atmosphere (Pregitzer & Euskirchen, 2004), but they cease to serve as a carbon sink as they fully mature (Odum, 1969). Recent modeling of old-growth forest carbon sequestration indicate they continue to serve as a ?net sink? of carbon even after maturity (Carey, Sala, Keane, & Callaway, 2001; Zhou et al., 2006) - sequestering an average of 2.4 +/- 0.8 tC ha-1 yr-1 (tC = metric tons of carbon; ha = hectare; yr =year), and yielding a ratio of heterotrophic respiration (Rh) to net primary production (NPP) of approximately 0.65 +/- 0.02 (Luyssaert et al., 2008). These figures show the strongest correlation amongst temperate forest regions.rnrnTwo calculations are made using this carbon sequestration average. One is made identifying the amount of carbon sequestered through a small-scale land protection organization, yielding a net carbon sequestration of approximately 224 metric tons of carbon per year. The other is based on the amount of land required to offset current anthropogenic emissions of carbon in the global carbon budget, showing approximately 235 million hectares of new forest growth would be required to offset current global anthropogenic emissions. One implication of these calculations is the traditional assumption of carbon neutrality increasing with age (Magnani et al., 2007) is incorrect, suggesting mature forest protection may be a favored policy choice for carbon sequestration strategies.
URL: http://works.bepress.com/chad_mcguire/12/
Citation:
McGuire, Chad. 2010. "Sustainable approaches to Managing Small-scale Ecosystems: A Case Study of Vernal Pool Protection in the Commonwealth of Massachusetts, United States of America." Journal of Sustainable Development 3 (2): 3-8.
Abstract: This paper reviews the current management scheme used by Massachusetts to protect vernal pools, which represent small-scale ecosystems, and analyzes its relative strengths and weaknesses from an overall sustainability standpoint by looking at the frameworks developed for management. The frameworks are analyzed to determine if the objectives of vernal pool protection are being met. The initial impression is the outcomes are not meeting the objective of overall vernal pool protection, because there are failures in the drivers (mainly the certification requirement), which limits the number of verbal pools actually protected. An expansion of the current Massachusetts program is suggested to allow for proper consideration of all vernal pools resources regardless of their physical location, proximity to priority habitat, or their legal status at the time of review. Such an expansion would allow for the quantifiable ecosystem services provided by vernal pools to be more readily protected. However, such an expansion also raises important legal questions regarding the extent to which private property can be regulated in the United States. Although this question is not analyzed within the context of this paper, it may limit the application of certain solutions proposed.
URL: http://works.bepress.com/chad_mcguire/13/
Citation:
McGuire, Chad, and Bradley Harris. 2010. "Some Back-ended Legal and Political Issues in United States Fisheries Management." Journal of Politics and Law 3 (2): 52-62.
Abstract: In response to over-exploitation and ecosystem degradation, United States federal fisheries policy is shifting from species-based to ecosystem-based management. In addition, the reauthorized Magnuson-Stevens Fisheries Conservation and Management Reauthorization Act of 2006 identifies the following goals to be achieved by 2011: end over-fishing, create market-based incentives, strengthen enforcement mechanisms, and improve cooperative conservation efforts. We refer to these goals (including the ?status quo?) as front-ended policy objectives. Left unresolved are what we term back-ended policy and legal issues, specifically including issues involving the legal limitations that inhibit full consideration of ecosystem-based management principles through the adopting of scientific information. In this paper, we identify and examine some of these legal limitations, including the standard of review used in judicial proceedings. In addition, we also suggest some potential solutions to these major governance obstacles. We believe the ultimate value of this paper is the identification of recurring framework issues in United States fisheries management if, left unresolved, will continually limit the conservation-related goals such as those identified in the Magnuson-Stevens Fisheries Conservation and Management Reauthorization Act of 2006. As such, these legal obstacles should be a primary focus of policy makers who wish to achieve fishery conservation goals in-line with scientific research.
URL: http://works.bepress.com/chad_mcguire/14/

Substantive Focus:
Law and Policy SECONDARY
Energy and Natural Resource Policy
Environmental Policy PRIMARY
Governance
Science and Technology Policy

Theoretical Focus:
Policy Process Theory
Agenda-Setting, Adoption, and Implementation PRIMARY
Policy Analysis and Evaluation SECONDARY

Keywords

COASTAL ZONE MANAGEMENT SEA LEVEL RISE ADAPTATION ENVIRONMENTAL LAW ENVIRONMENTAL POLICY LAND USE PLANNING FISHERIES MANAGEMENT