Amicus Curiae Brief — West Virginia, et al., Petitioners v. Environmental Protection Agency, et al.
Supreme Court briefJan 25, 2022
Ask Donna
What actually matters in this document.
Text
Nos. 20-1530, 20-1531, 20-1778, 20-1780
IN THE
Supreme Court of the United States
__________________
WEST VIRGINIA, ET AL., Petitioners,
V.
ENVIRONMENTAL PROTECTION AGENCY, ET AL., Respondents,
THE NORTH AMERICAN COAL CORPORATION, Petitioners,
V.
ENVIRONMENTAL PROTECTION AGENCY, ET AL., Respondents,
WESTMORELAND MINING HOLDINGS LLC, Petitioner,
V.
ENVIRONMENTAL PROTECTION AGENCY, ET AL., Respondents,
NORTH DAKOTA, Petitioner,
V.
ENVIRONMENTAL PROTECTION AGENCY, ET AL., Respondents.
__________________
On Writs of Certiorari to the United States Court
of Appeals for the District of Columbia Circuit
__________________
BRIEF FOR THE NATIONAL PARKS
CONSERVATION ASSOCIATION AS AMICUS
CURIAE IN SUPPORT OF RESPONDENTS
__________________
PAUL KOSTER
Counsel of Record
EMORY LAW SCHOOL
SUPREME COURT ADVOCACY PROGRAM
1301 Clifton Road
Atlanta, GA 30322
(404) 727-3957
paul.koster@emory.edu
STEPHANIE KODISH
NATIONAL PARKS
CONSERVATION ASSOCIATION
777 6th Street NW
Washington, DC 20001
(865) 964-1774
skodish@npca.org
Counsel for Amicus Curiae
January 25, 2022
i
TABLE OF CONTENTS
TABLE OF CONTENTS ......................................................i
TABLE OF AUTHORITIES................................................iii
INTERESTS OF AMICUS CURIAE.......................................1
INTRODUCTION AND SUMMARY OF ARGUMENT...............2
ARGUMENT.....................................................................3
I.
The Clean Air Act’s text unequivocally
authorizes the EPA to regulate GHG emissions
from power plants and protect the National
Park System.......................................................3
A. The EPA is unequivocally authorized to
regulate GHG pollution from power
plants............................................................4
B. The Clean Air Act entrusts the EPA to
protect U.S. national parks..........................6
II.
The devastating effects of climate change
are already significant and, if left
unchecked, will have catastrophic
repercussions across the National Park
System and its stakeholders.............................8
A. Climate change has forced glaciers in the
northernmost national parks to retreat to
the verge of permanent disappearance and
has devastating consequences on the
communities and biodiversity in these
regions...........................................................9
ii
B. Rising sea levels resulting from humancaused climate change threaten lowlatitude and coastal national parks..........13
C. Wildfires pose a significant threat to the
western U.S., home to many national
parks...........................................................16
III.
Damage to the National Park System from
climate change also brings significant harm to
the U.S. economy and the interests of various
stakeholders.....................................................21
CONCLUSION ...............................................................25
iii
TABLE OF AUTHORITIES
STATUTES
42 U.S.C. § 7401...........................................................4
42 U.S.C. § 7408(a)(1)(A)..............................................6
42 U.S.C. § 7411(a)(1)...................................................5
42 U.S.C. § 7411(b)(1)(A)..............................................4
42 U.S.C. § 7411(b)(1)(B)..............................................5
42 U.S.C. § 7411(d)(1)…...............................................5
42 U.S.C. § 7411(d)(2)…...............................................5
42 U.S.C. § 7411(f)(2)(B)..............................................4
42 U.S.C. § 7470(2).......................................................6
42 U.S.C. § 7472...........................................................6
42 U.S.C. § 7474...........................................................6
42 U.S.C. § 7491...........................................................6
42 U.S.C. § 7521(a)(1)...................................................6
42 U.S.C. § 7671(n).......................................................6
CASES
Am. Elec. Power Co. v. Connecticut,
564 U.S. 410 (2011)..............................................4–5
OTHER MATERIALS
About Us, CAMP WAWONA,
https://perma.cc/Q4DJ-VBCK...............................20
iv
Air Quality and Climate Change Research,
U.S. ENV’T PROT. AGENCY,
https://www.epa.gov/air-research/
air-quality-and-climate-change-research………..20
Alex Rudee, Yosemite’s Dirty Air Secret,
NAT’L PARKS CONSERVATION ASS’N
(Sept. 19, 2017), https://perma.cc/G4PT-MQTG...20
Alfredo Rivera et al., Preliminary US Greenhouse
Gas Emissions Estimates for 2021,
RHODIUM GROUP (Jan. 10, 2022),
https://rhg.com/research/preliminary-usemissions-2021/.......................................................2
Alicia Victoria Lozano, Wildfire Near
Rocky Mountain National Park Fully
Contained at 147 Acres, MSN (Nov. 20, 2021),
https://www.msn.com/en-us/news/us/
wildfire-near-rocky-mountainnational-park-fully-containedat-147-acres/ar-AAQX2Uk…………………….......24
Amelia Josephson, The Economics of
National Parks, SMARTASSET (Mar. 18, 2021),
https://smartasset.com/taxes/theeconomics-of-national-parks...........................21, 23
Andrew Giambrone, Famed D.C. Cherry
Blossoms Face Long-Term Risks from
High Tides, CURBED D.C. (Apr. 4, 2019),
https://perma.cc/WCY8-5JZW.............................15
v
BENJAMIN DEANGELO ET AL., U.S. ENVTL.
PROT. AGENCY, TECHNICAL SUPPORT DOCUMENT
FOR ENDANGERMENT AND CAUSE OR CONTRIBUTE
FINDINGS FOR GREENHOUSE GASES UNDER
SECTION 202(A) OF THE CLEAN AIR ACT
(2009), https://perma.cc/J538-7EX7.....................18
B. F. Molnia, Late Nineteenth to Early
Twenty-First Century Behavior of
Alaskan Glaciers as Indicators of
Changing Regional Climate,
56 GLOB. AND PLANETARY CHANGE 23 (2007).......10
Billion-Dollar Weather and Climate Disasters,
NAT’L CTR. FOR ENV’T INFO.,
https://www.ncdc.noaa.gov/billions/.....................22
Camille S. Stevens‐Rumann et al.,
Evidence for Declining Forest Resilience
to Wildfires under Climate Change,
21 ECOLOGY LETTERS 243 (2018)…………............18
CATHERINE CULLINANE THOMAS & LYNNE KOONTZ,
NATURAL RESOURCE REP. 2021/2259,
2020 NATIONAL PARK VISITOR SPENDING
EFFECTS: ECONOMIC CONTRIBUTIONS TO
LOCAL COMMUNITIES, STATES, AND
THE NATION (2021)....................................21, 23–24
Chris Erskine, Yosemite Valley to Reopen
Tuesday After Nearby Fires Closed It
for 20 Days, L.A. TIMES (Aug. 10, 2018),
https://perma.cc/R3GB-PWYT..............................20
vi
Christina A. Cassidy & Bob Salsberg,
Costs From Major Natural Disasters Can
Stress State Budgets, FLATHEAD BEACON
(Sept. 18, 2017), https://flatheadbeacon.com/
2017/09/18/costs-major-naturaldisasters-can-stress-state-budgets/......................22
Climate Change Decreases the Quality of the Air
We Breathe, CTRS. FOR DISEASE AND CONTROL,
https://www.cdc.gov/climateandhealth/pubs/airquality-final_508.pdf.............................................21
CONG. RESEARCH SERV., WILDFIRE STATISTICS,
(Oct. 3, 2019), https://perma.cc/J4D8-RWQY......17
David Boraks, For Gullah Geechee People
on the SC Coast, Climate Change is
Already a Threat, WFAE 90.7: CHARLOTTE’S
NPR NEWS SOURCE (Oct. 28, 2021),
https://www.wfae.org/energy-environment/202110-28/for-gullah-geechee-people-onthe-sc-coast-climate-change-is-already-athreat.....................................................................24
Discover America’s 11 Most Endangered
Historic Places for 2019,
NAT’L TR. FOR HISTORIC PRES. (May 30, 2019),
https://perma.cc/ PL8J- ZX7Q……………….........15
Don Callaway, A Changing Climate:
Consequences for Subsistence Communities,
6 ALASKA PARK SCI. 19 (2007)………….................12
vii
E. A. PENDLETON ET AL.,
U.S. GEOLOGICAL SURV. OPEN-FILE
REP. 2004-1373, RELATIVE COASTAL CHANGEPOTENTIAL ASSESSMENT OF KENAI FJORDS
NATIONAL PARK (2006)..........................................10
Economy of Montana, BRITANNICA,
https://www.britannica.com/place/
Montana-state/Economy…………………………...12
Eric Schaeffer & Tom Pelton, Greenhouse Gases
from Power Plants 2005–2020: Rapid Decline
Exceeded Goals of EPA Clean Power Plan,
ENVIRONMENTAL INTEGRITY PROJECT (Feb. 25,
2021), https://environmentalintegrity.org/wpcontent/uploads/2021/02/GreenhouseGases-from-Power-Plants-2005-2020report.pdf.................................................................8
Erik Stabena, et al., Sea-level Rise: Observations,
Impacts, and Proactive Measures in Everglades
National Park, 28 PARK SCI. 26 (2011)..................15
Federal Firefighting Costs (Suppression Only),
NAT’L INTERAGENCY FIRE CTR.,
https://perma.cc/A7L8-PAQS................................19
Harriet Tubman Underground Railroad,
NAT’L PARK SERV.,
https://www.nps.gov/hatu/index.htm...................16
How Climate Change Affects the Air We Breathe,
THE WEATHER CHANNEL (Dec. 6, 2021),
https://weather.com/news/climate/video/howclimate-change-affects-the-air-we-breathe……...20
viii
How to See a Glacier, NAT’L PARK SERV.,
https://www.nps.gov/glac/learn/nature/
how-to-see-a-glacier.htm...................................9, 11
INTERGOVERNMENTAL PANEL ON CLIMATE CHANGE,
CLIMATE CHANGE 2021: THE PHYSICAL SCIENCE
BASIS (2021), https://www.ipcc.ch/report/ar6/
wg1/downloads/report/IPCC_AR6_WGI_
Full_Report.pdf.......................................................2
Interior Department Releases Report
Detailing $40 Billion of National Park Assets
at Risk from Sea Level Rise,
U.S. DEP’T OF THE INTERIOR (June 23, 2015),
https://perma.cc/79S2-KXQT................................14
Jaclyn Cosgrove, Fire Siege Leaves Yosemite
Empty of Humans, Filled with Smoke During
Peak Summer Season, L.A. TIMES (Aug. 4, 2018),
https://www.latimes.com/local/lanow/la-meyosemite-fire-20180804-story.html.......................18
Jia Coco Liu et al., Particulate Air Pollution
from Wildfires in the Western U.S.
Under Climate Change,
138 CLIMATIC CHANGE 655 (2016)…………………16
Jia Coco Liu et al., Wildfire-Specific Fine
Particulate Matter and Risk of Hospital
Admissions in Urban and Rural Counties,
28 EPIDEMIOLOGY 77 (2017),
https://perma.cc/A2V2-UL4L................................18
ix
John Abatzoglou & A. Park Williams,
Impact of Anthropogenic Climate Change
on Wildfire Across Western U.S. Forests,
113(42) PROC. OF THE NAT’L
ACAD. OF SCI. 11770 (2016),
https://perma.cc/7M2A-4ASG...............................16
Katharine Hayhoe et al.,
Our Changing Climate, in
U.S. GLOB. CHANGE RESEARCH PROGRAM,
FOURTH NATIONAL CLIMATE ASSESSMENT.............13
Katherine Kornei, Invasive Plants
and Climate Change Will Alter Desert
Landscapes, EOS (Jan. 13, 2022),
https://eos.org/articles/
invasive-plants-and-climatechange-will-alter-desert-landscapes…………......24
Kurt Repanshek, Wildfires Show How
Climate Change is Transforming National Parks,
NAT’L GEOGRAPHIC (Oct. 14, 2020),
https://www.nationalgeographic.com/
travel/article/wildfires-a-signclimate-change-effects-are-worsening
-in-national-parks.................................................17
Making the American Experience Tangible,
NAT’L PARK SERV.,
https://www.nps.gov/subjects/
nationalhistoriclandmarks/index.htm..................8
MARIA A. CAFFREY, NAT’L PARK SERV.,
SEA LEVEL RISE AND STORM SURGE PROJECTIONS
FOR THE NATIONAL PARK SERVICE (2018),
https://perma.cc/55XX-X466.................................15
x
McLeod Brown, The Effect of Natural Disasters
on Local Economies, BUREAU OF LAB.
STAT.: MONTHLY LAB. REV. (Jul. 2017),
https://www.bls.gov/opub/mlr/2017/
beyond-bls/the-effect-ofnatural-disasters-on-local-economies.htm...........22
Montana, NAT’L INTEGRATED DROUGHT INFO. SYS.,
https://www.drought.gov/states/montana............12
M.S. Ross et al., The Southeast Saline
Everglades Revisited:
50 Years of Coastal Vegetation Change,
11 J. VEGETATION SCI. 101 (2000),
https://perma.cc/X2L6-WDJ5..............................14
National Historic Parks, NAT’L PARK SERV.,
https://www.nps.gov/subjects/
heritagetravel/national-parks.htm........................8
National Park Visitor Spending Contributed
$28.6 Billion to U.S. Economy in 2020,
NAT’L PARK SERV. (Jun. 10, 2021),
https://www.nps.gov/orgs/1207/vse2020.htm.......24
Ocean and Coastal Resources,
NAT’L PARK SERV.,
https://perma.cc/L5E S-X3ZN...............................13
Our Mission, Role and Purpose,
NAT’L PARK SERV.,
https://www.nps.gov/orgs/1955/
our-mission-and-role.htm.......................................7
Ozone Exceedances Monitored in National Parks,
NAT’L PARK SERV.,
https://www.nps.gov/subjects/air/ozoneexceed.htm.............................................................21
xi
PAMELA S. ZIESLER & CLAIRE M. SPALDING,
NATURAL RESOURCE DATA SERIES 2021/1326,
STATISTICAL ABSTRACT: 2020 (2021)………...........22
Patrick Gonzalez, Climate Change Trends,
Impacts, and Vulnerabilities
in US National Parks, in SCIENCE,
CONSERVATION, AND NATIONAL PARKS
(Beissinger et al. eds. 2017),
https://perma.cc/ED7L-FFBN...............2, 10, 17, 19
Post Ferguson Fire,
YOSEMITE MARIPOSA CNTY. TOURISM BUREAU,
https://perma.cc/528M-V5DM...............................20
Potential Ecological Consequences of
Climate Change in South Florida
and the Everglades, NAT’L PARK SERV.,
U.S. DEP’T OF THE INTERIOR (2009),
https://perma.cc/NZ2J-Y7NP...............................14
Retreat of Glaciers in Glacier Nat’l Park,
U.S. GEOLOGICAL SURVEY,
https://perma.cc/XWV3-UCJU..............................11
Rolando Y. Wee, 10 Largest National Parks
in the United States, WORLD ATLAS (Jan. 24,
2021), https://www.worldatlas.com/articles/
biggest-national-parks-in-the-unitedstates.html...............................................................9
STEPHEN SAUNDERS ET AL.,
GLACIER NATIONAL PARK IN PERIL:
THE THREATS OF CLIMATE DISRUPTION,
NAT’L RES. DEF. COUNCIL (2010),
https://perma.cc/GL9Y-93AB..........................11–12
xii
Suppression Costs, NAT’L INTERAGENCY
FIRE CTR., https://www.nifc.gov/
fire-information/statistics/
suppression-costs..................................................17
Terry L. Root et al., Fingerprints of Global
Warming on Wild Animals and Plants,
421 NATURE 57 (2003)………………………….......13
THE OXFORD DICTIONARY OF AMERICAN
QUOTATIONS (Margaret Miner & Hugh Rawson
ed., 2nd ed. 2006).....................................................3
Two Popular Summer Camps Near
Yosemite Close Due to Smoky Air,
KTVU FOX 2, https://perma.cc/V66B-XVAY.........20
U.S. DEP’T OF THE INTERIOR, BUDGET
JUSTIFICATIONS (2019),
https://perma.cc/ NDR4-CE43………………….....19
U.S. FOREST SERV., THE RISING COST OF
WILDFIRE OPERATIONS: EFFECTS ON THE
FOREST SERVICE’S NON-FIRE WORK (2015),
https://perma.cc/YA4K-MYUL..............................17
U.S. GLOB. CHANGE RESEARCH PROGRAM,
CLIMATE SCIENCE SPECIAL REPORT:
FOURTH NATIONAL CLIMATE ASSESSMENT
(D.J. Wuebbles et al. eds., 2017),
https://perma.cc/BY2R-QLPS..............................13
Visitation Numbers,
NAT’L PARK SERV.,
https://perma.cc/AQ5N-FF69..........................10, 16
xiii
Visitor Spending Effects: Economic Contributions
of National Park Visitor Spending,
NAT’L PARK SERV.,
https://www.nps.gov/subjects/
socialscience/vse.htm............................................23
Why Protect Everglades National Park?,
NAT’L PARK SERV.,
https://perma.cc/8JH4-7WUG..............................14
William T. Sommers et al., Wildland Fire
Emissions, Carbon, and Climate:
Science Overview and Knowledge Needs,
317 FOREST ECOLOGY & MGMT. 1 (2014)………....16
World of Change: Ice Loss in Glacier Nat’l Park,
NASA EARTH OBSERVATORY,
https://perma.cc/4S45-Z5HG...............................11
Yosemite: Past Fire Activity,
NAT’L PARK SERV. (Aug. 29, 2019),
https://perma.cc/7APT-HEAJ...............................19
Yuanyuan Fang, Impacts of 21st Century
Climate Change on Global Air
Pollution-Related Premature Mortality,
121 CLIMATIC CHANGE 239 (2013),
https://perma.cc/V6LV-9NLM..............................18
1
INTERESTS OF AMICUS CURIAE 1
The National Park Conservation Association
(NPCA) has been the leading voice of U.S. national
parks since 1919. With more than 1.6 million members
and supporters, the NPCA is a nonpartisan
organization dedicated to ensuring that our national
parks are well protected. Because climate change and
air pollution are the greatest threats to national
parks, the NPCA works to mitigate unhealthy and
climate-disrupting pollution. These cases directly
impact the NPCA and its work to protect national
parks and communities from the causes and
detrimental effects of climate change.
1 Pursuant to Sup. Ct. R. 37.6, amicus curiae affirm that no
counsel for a party has written this brief in whole or in part, and
that no person or entity, other than amicus curiae, its members,
or its counsel, has made a monetary contribution to the
preparation or submission of this brief. This brief is filed
pursuant to Sup. Ct. R. 37.3(a) and the blanket consents of the
parties.
2
INTRODUCTION AND SUMMARY OF THE
ARGUMENT
From the Everglades National Park to Glacier
National Park to the Harriett Tubman Underground
Railroad National Historic Park to the National Mall,
the more than 400 national parks existing in the U.S.
are integral to our country. Climate change presents
an existential crisis to their continued survival.
The science is clear: greenhouse gases (GHGs)
must be sharply reduced to stave off the worst of the
climate crisis and doing so is the only way to safeguard
the vitality of the national parks. 2 With power plants
making up the second largest source of GHG pollution
in the nation, 3 controlling their emissions is a critical
tool needed to thwart the devastation to the National
Park System’s resources, visitors, and neighboring
communities.
The Clean Air Act (“the Act”) confers
unmistakable authority to the EPA to regulate GHG
emissions from power plants. Beyond the clear source
category requirements of Section 7411 of the Act, the
2
See Patrick Gonzalez, Climate Change Trends, Impacts, and
Vulnerabilities in US National Parks, in SCIENCE,
CONSERVATION, AND NATIONAL PARKS (Beissinger et al. eds.
2017), https://perma.cc/ED7L-FFBN; INTERGOVERNMENTAL
PANEL ON CLIMATE CHANGE, CLIMATE CHANGE 2021: THE
PHYSICAL SCIENCE BASIS (2021),
https://www.ipcc.ch/report/ar6/wg1/downloads/report/IPCC_AR6
_WGI_Full_Report.pdf.
3 Alfredo Rivera et al., Preliminary US Greenhouse Gas
Emissions for 2021, RHODIUM GROUP (Jan. 10, 2022),
https://rhg.com/research/preliminary-us-emissions-2021/.
3
statute specifically bestows the EPA with
responsibility to ensure the vitality of the National
Park System.
Meaningful agency regulation plays a critical
role not only in preserving national parks themselves
from wildfire loss, diminished air quality, biodiversity
loss, and other disastrous consequences, but also in
mitigating harm to a national economy in which the
national parks play a significant role. Impairment of
national parks would also harm various stakeholders
including the communities that depend on them.
As environmentalist John Sawhill offered: “In
the end, our society will be defined not only by what
we create, but also by what we refuse to destroy.” 4
ARGUMENT
I.
The Clean Air Act’s text unequivocally
authorizes the EPA to regulate GHG
emissions from power plants and protect
the National Park System
As a preliminary matter, this proceeding lacks
Article III jurisdiction as no current rule exists and
the EPA has no intention of reviving the Clean Power
Plan. Absent presentation of new agency rulemaking,
there is no justiciable controversy. Even if this Court
were to leave aside the lack of justiciability, the
decision of the D.C. Circuit should be affirmed as the
4 THE OXFORD DICTIONARY OF AMERICAN QUOTATIONS 149
(Margaret Miner & Hugh Rawson ed., 2nd ed. 2006).
4
Act unequivocally authorizes the EPA to regulate
GHG emissions from power plants.
This authority of the EPA is critical to
protecting the vitality of the National Park System,
which the text of the Act identifies as one of its key
objectives. In addition to various National Park
System-specific provisions, the Act dictates EPA
action to protect the public welfare in ways that are
particularly pertinent to the national parks.
A. The EPA is unequivocally authorized to
regulate GHG pollution from power plants
In passing Section 7411, Congress provided a
critical tool for the EPA to effectuate the Clean Air
Act’s purpose to “protect and enhance the quality of
the Nation’s air resources” through “the prevention
and control of air pollution.” 42 U.S.C. § 7401. Section
7411 furthers this purpose by instructing the EPA to
identify air pollutants from stationary sources which
“may reasonably be anticipated to endanger public
health or welfare,” id. § 7411(f)(2)(B), including
“carbon dioxide and other greenhouse gases,” Am.
Elec. Power Co. v. Connecticut, 564 U.S. 410, 416
(2011) (AEP). Then, the EPA Administrator is to list
those “categor[ies] of sources” which “in [the
Administrator’s] judgment, . . . cause[], or contribute[]
significantly to” the emission of those identified
pollutants. 42 U.S.C. § 7411(b)(1)(A). Pursuant to
Section 7411, power plants in fact have been on the
list of categories of stationary sources that cause or
contribute significantly to air pollution since the
1970s. 80 Fed. Reg. 64,510, 64,527 (Oct. 23, 2015).
5
Once a source category is established, the EPA
is required to regulate both new and existing sources
within that source category. For new sources, the
Clean Air Act instructs the Administrator to establish
federal “standards of performance” for new sources
within that category, 42 U.S.C. § 7411(b)(1)(B), while
for existing sources within that category the
Administrator enjoys statutory discretion to accept or
reject “standards of performance” submitted to them
by each state, id. §§ 7411(d)(1), (d)(2). The Act directs
the Administrator to establish emissions limits based
on the best system of emission reduction, taking into
account costs and any nonair quality health and
environmental impact and energy requirements. Id. §
7411(a)(1). In short, the Act unmistakably authorizes
the EPA to regulate power plant emissions of GHGs.
Clear textual support for the EPA’s authority to
regulate emissions from power plants has been
endorsed by this very Court, which has determined
that in passing Section 7411, Congress “sp[oke]
directly” and delegated to the EPA the decision of
“whether and how to regulate carbon-dioxide
emissions from power plants.” AEP, 564 U.S. at 424,
426. This Court also reinforced the EPA’s expertise,
asserting “[i]t is altogether fitting that Congress
designated an expert agency, here, EPA, as best suited
to serve as primary regulator of greenhouse gas
emissions.” Id. at 412.
6
B. The Clean Air Act entrusts the EPA to
protect U.S. national parks
The Clean Air Act guards the unique values of
national parks and establishes mechanisms for
mitigating their vulnerabilities. For example, the Act
declares a key purpose of the EPA-administered
Prevention of Significant Deterioration (PSD)
program is “to preserve, protect, and enhance the air
quality in national parks, national wilderness areas,
national monuments, national seashores, and other
areas of special national or regional natural,
recreational, scenic, or historic value,” 42 U.S.C.
§ 7470(2). The Act also requires a higher degree of air
quality protection for certain units of the National
Park System, designated as mandatory Class I areas,
requiring the prevention and reversal of visual
impairment. Id. §§ 7472, 7474, 7491.
Furthermore, the Act directs the EPA to take
regulatory action to mitigate pollution where
emissions would endanger “public health and
welfare.” 5 The definition of “welfare” includes “effects
on soils, water . . . vegetation . . . wildlife . . . weather,
5 Many Clean Air Act regulatory requirements are prompted
by
a finding that air pollution may endanger “public health and
welfare.” See, e.g., 42 U.S.C. § 7408(a)(1)(A) (requiring
regulation of dispersed pollutants “which may reasonably be
anticipated to endanger public health or welfare”); 42 U.S.C. §
7521(a)(1) (requiring regulation of pollution from new motor
vehicles and engines “which may reasonably be anticipated to
endanger public health or welfare”); 42 U.S.C. § 7671(n)
(requiring regulation to control pollution of the stratosphere
that “may reasonably be anticipated to endanger public health
or welfare”).
7
visibility, and climate, damage to and deterioration of
property . . . as well as effects on economic values and
on personal comfort and well-being, whether caused
by transformation, conversion, or combination with
other air pollutants.” 42 U.S.C. § 7602(h). These soils,
waters, vegetation, and wildlife are greatly abundant
in the National Park System and face particular
climate vulnerabilities.
The mission of the EPA, then, is uniquely
intertwined with the National Park System in that the
former is charged with protecting the health of the
latter. The National Park Service (NPS) cannot attain
its stated goal of conserving “the natural and cultural
resources and values of the National Park System for
the enjoyment, education, and inspiration of this and
future generations,” 6 if the EPA cannot attain its goal
of protecting public welfare as it pertains to the
preservation of the parks.
The EPA’s statutory responsibility with respect
to power plant GHG emissions—a critical part of the
overall measures needed to meaningfully address
climate change and protect the parks and relevant
stakeholders—is one the agency does not share with
any other government entity. If this Court holds the
EPA cannot meaningfully regulate in this capacity, no
other agency could simply take up the mantle. The
protection of national parks is considerably dependent
on the EPA’s exercise of delegated authority to
6 Our Mission, Role and Purpose, NAT’L PARK SERV.,
https://www.nps.gov/orgs/1955/our-mission-and-role.htm (last
updated Mar. 24, 2017).
8
regulate GHG emissions from power plants. 7
Regulation of such pollution by the EPA is a key tool
to preserve this country’s national parks for current
and future generations.
II.
The devastating effects of climate change
are already significant and, if left
unchecked, will have catastrophic
repercussions across the National Park
System and its stakeholders
The National Park System preserves many
different types of landscapes—including wetlands,
mountains, deserts, and beaches—and all of their
ecosystems from the Everglades National Park to
Yellowstone National Park. Beyond natural sites,
many parks are historic—the Harriet Tubman
Underground Railroad National Historic Park, the
Martin Luther King, Jr. National Historic Park, and
the Women’s Rights National Historic Park are but a
few examples of the many National Historic Parks. 8
Climate change poses an existential threat to these
natural and historic public places.
7 Eric Schaeffer & Tom Pelton, Greenhouse Gases from Power
Plants 2005–2020: Rapid Decline Exceeded Goals of EPA Clean
Power Plan, ENVIRONMENTAL INTEGRITY PROJECT (Feb. 25,
2021), https://environmentalintegrity.org/wpcontent/uploads/2021/02/Greenhouse-Gases-from-Power-Plants2005-2020-report.pdf.
8 See National Parks, NAT’L PARK SERV.,
https://www.nps.gov/subjects/heritagetravel/national-parks.htm
(last updated Aug. 19, 2016); Making the American Experience
Tangible, NAT’L PARK SERV.,
https://www.nps.gov/subjects/nationalhistoriclandmarks/index.h
tm (last updated Sept. 3, 2021).
9
Climate harms to our national parks are
extensive, already causing an unprecedented loss
of ecosystems, habitats, and historic sites, by rising
temperatures, stronger storms, frequent wildland
fires, and sea level rise. The more than four hundred
historic and natural sites the National Park System
protects have never known change at the current pace
and scale. The numerous studies and decades of data
detailing climate harms to these public places is vast,
and the following provides a glimpse into this
devastation.
A. Climate change has forced glaciers in the
northernmost national parks to retreat to
the verge of permanent disappearance
and has devastating consequences on the
communities and biodiversity in these
regions
Some of the largest national parks by area are
located at the highest latitudes, including in states
like Alaska and Montana. 9 These parks are also
famous for their glaciers, which are some of the largest
and most accessible in the world. 10 Warming
temperatures associated with human-caused climate
change are causing the retreat and disappearance of
9 Rolando Y. Wee, 10 Largest National Parks in the United
States, World Atlas (Jan. 24, 2021),
https://www.worldatlas.com/articles/biggest-national-parks-inthe-united-states.html.
10
How
to
See
a
Glacier,
NAT’L PARK SERV.,
https://www.nps.gov/glac/learn/nature/how-to-see-a-glacier.htm
(last updated Aug. 4, 2021).
10
these wonders in U.S. national parks. 11 Researchers
“have detected decreases in length, area, volume, and
mass for almost all” of the 168,000 glaciers that have
been measured since 1960—among them, glaciers in
Denali, Glacier, Glacier Bay, and other national
parks. 12
Glaciers are the main tourist attraction for
many of these northern parks. 13 As these wonders
continue to retreat, the tourism industry in Alaska is
likely to suffer as a result. Further, the visitor
experience is harmed as sea level rise and wave height
increases lead to “erosion and loss of gravel beaches
along rocky coastlines.” 14 Sea kayakers who use these
“pocket beaches” recreationally will be turned away as
the landscape continues to change. 15
Similarly,
Glacier
National
Park
in
northwestern Montana offers another illustration of
the danger confronting park system glaciers. The
park attracts a high number of visitors every year
because of the beautiful scenery, numerous wildlife
species, and some of the most accessible glaciers in the
world. 16 The park’s ecosystem is fragile and reflects
11 Gonzalez, supra note 2 at 106.
12 Id.
13 B. F. Molnia, Late Nineteenth to Early Twenty-First Century
Behavior of Alaskan Glaciers as Indicators of Changing Regional
Climate, 56 GLOB. AND PLANETARY CHANGE 23, 23–56 (2007).
14 E. A. PENDLETON ET AL., U.S. GEOLOGICAL SURV. OPEN-FILE
REP. 2004-1373, RELATIVE COASTAL CHANGE-POTENTIAL
ASSESSMENT OF KENAI FJORDS NATIONAL PARK (2006).
15 Id.
16 Visitation Numbers, NAT’L PARK SERV., https://perma.cc/AQ5NFF69 (last updated Sept. 23, 2019).
11
the irreversible effects of human caused climate
change. Researchers estimate that before 1850, there
were around 150 glaciers in the park. 17 In 2015, only
26 glaciers remained—and all had suffered significant
reductions in size. 18 Models have projected the last of
the park’s glaciers will disappear in the coming
decades, absent sharp reductions in GHGs. 19 A stark
example of this trend is the iconic Grinnell Glacier,
which the NPS reports lost 45 percent of its area
between 1966 and 2015. 20 Once these glaciers
disappear, they will be lost forever.
These glaciers are popular tourist attractions,
and the visitor experience is hampered by glacier
retreat. Hikers come from across the country to make
the five-mile journey along Grinnell Trail to view the
iconic glacier. 21 Without preserving these historic
sites, the parks will lose meaningful elements of their
appeal. Glaciers also play an essential role in the
park’s ecosystem by providing late-season runoff to
keep rivers and streams full of water at a consistent
temperature. 22 This water source is important to
surrounding communities and the local fish and trout
See, e.g., Retreat of Glaciers in Glacier Nat’l Park, U.S.
GEOLOGICAL SURVEY, https://perma.cc/XWV3-UCJU.
18 Id.
19 Id.; World of Change: Ice Loss in Glacier Nat’l Park, NASA
EARTH OBSERVATORY, https://perma.cc/4S45-Z5HG.
20 How to See a Glacier, supra note 10.
21 Id.
22 STEPHEN SAUNDERS ET AL., GLACIER NATIONAL PARK IN
PERIL: THE THREATS OF CLIMATE DISRUPTION, NAT’L RES.
DEF. COUNCIL 18–29 (2010), https://perma.cc/ GL9Y93AB.
17
12
populations. 23 Montana’s drought levels have
increased in the last few decades, and almost 90
percent of the state is currently in a “severe
drought.” 24 Drought conditions, exacerbated by the
loss of glaciers, threaten both crop and livestock
production, Montana’s largest industry. 25
Finally, beyond glacier loss, there is
tremendous damage inherent in hotter temperatures
in these vulnerable northern regions. Native Alaskan
communities who have lived in this area for centuries
are being displaced by the rising sea levels and
associated permafrost erosion. 26 For these indigenous
communities, this displacement threatens their very
way of life. Displacement also is a large financial
burden for governments and puts great strain on the
social safety net. 27 Subsistence communities are also
threatened as hunting practices become “more
expensive and time-consuming.” 28 Biodiversity also
faces great risk, as the temperature change associated
with climate change has led to a shift in over 80
23 Id.
24 Montana, NAT’L INTEGRATED DROUGHT INFO. SYS.,
https://www.drought.gov/states/montana (last visited on Jan.
21, 2022).
25 Economy of Montana, BRITANNICA,
https://www.britannica.com/place/Montana-state/Economy (last
visited on Jan. 21, 2022).
26 Don Callaway, A Changing Climate: Consequences for
Subsistence Communities, 6 ALASKA PARK SCI. 19, 19–23 (2007).
27 Id.
28 Id.
13
percent of the animal and plant species in the eight
different national parks located in Alaska. 29
B. Rising sea levels resulting from humancaused climate change threaten lowlatitude and coastal national parks
In the past century, as glaciers have receded
world-wide, sea levels have risen by around seven to
eight inches due to climate change. 30 The 2018
National Climate Assessment estimated there is likely
to be a one to four feet sea level rise by the end of the
21st century. 31 The NPS manages 86 coastal parks
that include over 11,000 miles of coastline and 2.5
million acres of ocean and Great Lakes waters. 32
These parks host over 88 million visitors every year,
bringing in a revenue of $4.8 billion annually to the
local economies. 33 One study conducted by the Interior
Department—which examined only a third of coastal
parks threatened by sea-level rise—found that one
29 Terry L. Root et al., Fingerprints of Global Warming on Wild
Animals and Plants, 421 NATURE 57, 57–60 (2003).
30 U.S. GLOB. CHANGE RSCH. PROGRAM, CLIMATE SCIENCE
SPECIAL REPORT: FOURTH NATIONAL CLIMATE ASSESSMENT,
25–26, 333, 339, 343 (D.J. Wuebbles et al. eds., 2017),
https://perma.cc/BY2R-QLPS.
31 Katharine Hayhoe et al., Our Changing Climate, in U.S.
GLOB. CHANGE RESEARCH PROGRAM, FOURTH NATIONAL
CLIMATE ASSESSMENT.
32 Ocean and Coastal Resources, NAT’L PARK SERV. (last updated
May 17, 2017), https://perma.cc/L5E S-X3ZN.
33
Id.
14
meter of rise would place $40 billion worth of park
assets at risk. 34
Everglades National Park, in the southwestern
portion of Florida, is a subtropical peatland ecosystem
with low elevation and flat topography that make it
particularly vulnerable to sea-level rise. 35 Congress
authorized the park in 1934 to preserve its subtropical
ecosystem, 36 marking the first time federal land was
set aside for its abundant biodiversity rather than for
“scenic views.” 37
The Everglades requires both saltwater and
freshwater to support a unique, hybrid ecosystem, 38
and sea level rise threatens this delicate balance.
Observations of actual sea level rise along the Florida
coast are already exceeding projections, 39 and this
increase threatens significant harm to the Everglades.
Twenty-seven rare plants—including endangered
species, such as tropical orchids and herbs, found only
Interior Department Releases Report Detailing $40 Billion of
National Park Assets at Risk from Sea Level Rise, U.S. DEP’T OF
34
THE INTERIOR (Apr. 26, 2016), https://perma.cc/79S2-KXQT.
35 POTENTIAL ECOLOGICAL CONSEQUENCES OF CLIMATE CHANGE
IN SOUTH FLORIDA AND THE EVERGLADES
(2009), NAT’L PARK
SERV., U.S. DEP’T OF THE INTERIOR (2009), https://perma.cc/NZ2JY7NP.
36 Why Protect Everglades National Park?, NAT’L PARK SERV.,
https://perma.cc/8JH4-7WUG (last updated Aug. 20, 2015).
37 Id.
38 See M.S. Ross et al., The Southeast Saline Everglades Revisited:
50 Years of Coastal Vegetation Change, 11 J. VEGETATION SCI.
101, 101 (2000) (describing how coastal wetlands “reflect a
dynamic hydrologic balance”).
39 Why Protect Everglades National Park?, supra note 36.
15
in south Florida—will be affected by the salinization
of groundwater and the soil. 40 It is unclear which
species will be able to tolerate the increased salinity. 41
Sea level rise will also affect parks we might not
expect, including the most visited national park in the
country and one of the most iconic—the National Mall
in Washington, D.C. According to the NPS, “the
National Capital Region is projected to experience the
highest average rate of sea level change” within the
National Park System by 2100. 42 In 2019, the Mall’s
Tidal Basin was identified as one of the 11 most
endangered historic places by the National Trust for
Historic Preservation, in part because of its crumbling
infrastructure, but mostly due to persistent flooding. 43
One ongoing project directed at improving the
National Mall’s climate resilience and security is
expected to cost as much as $500 million. 44
The Harriet Tubman Underground Railroad
National Historical Park is located in southern
40 Erik Stabena, et al., Sea-level Rise: Observations, Impacts, and
Proactive Measures in Everglades National Park, 28 PARK SCI.
26, 29 (2011).
41 Id.
42 MARIA A. CAFFREY, NAT’L PARK SERV., SEA LEVEL RISE AND
STORM SURGE PROJECTIONS FOR THE NATIONAL PARK SERVICE viii
(2018), https://perma.cc/55XX-X466.
43 Discover America’s 11 Most Endangered Historic Places for
2019, NAT’L TR. FOR HISTORIC PRES. (May 30, 2019),
https://perma.cc/ PL8J- ZX7Q.
44 Andrew Giambrone, Famed D.C. Cherry Blossoms Face LongTerm Risks from High Tides, CURBED D.C. (Apr. 4, 2019),
https://perma.cc/WCY8-5JZW.
16
Maryland. 45 The approximate elevation of the park is
a mere three feet above sea level and is surrounded by
inlets of the Chesapeake Bay. 46 As water levels
continue to rise, this national historic park may be
permanently lost. 47
C. Wildfires pose a significant threat to the
western U.S., home to many national
parks
Wildfires are becoming more frequent and
intense in the West. 48 A growing body of scientific
evidence links this trend to human-caused climate
change. 49 As the western U.S. is home to more than
half of our national parks, including eight of the ten
parks most visited in 2018, more frequent and intense
wildfires will pose significant threats to the National
Park System absent targeted action to reduce GHG
pollution. 50
Harriet Tubman Underground Railroad, NAT’L PARK SERV.,
https://www.nps.gov/hatu/index.htm.
46 Id.
47 Id.
48 See John Abatzoglou & A. Park Williams, Impact of
Anthropogenic Climate Change on Wildfire Across Western U.S.
Forests, 113(42) PROC. OF THE NAT’L ACAD. OF SCI. 11770 (2016);
Jia Coco Liu et al., Particulate Air Pollution from Wildfires in the
Western U.S. Under Climate Change, 138 CLIMATIC CHANGE 655
(2016); William T. Sommers et al., Wildland Fire Emissions,
Carbon, and Climate: Science Overview and Knowledge Needs,
317 FOREST ECOLOGY & MGMT. 1, 1–8 (2014).
49 See supra note 48.
50 Visitation Numbers, supra note 16.
45
17
Western lands are burning at an alarming rate.
According to researchers, climate change has doubled
the number of acres burned by wildfire. 51 Scientists
believe this measure may double again by midcentury. 52 Fire seasons are on average 78 days longer
today than 50 years ago, and scientists expect this
upward trend to continue. 53 In 2020, wildfires burned
over 10 million acres of federal land, 54 including many
beloved and iconic national parks such as Glacier,
Sequoia, Yellowstone, Crater Lake, Rocky Mountain,
Kings Canyon, Saguaro, Olympic, and Yosemite
National Parks, and flames have touched Grand
Canyon and Wind Cave National Parks. 55 Scientists
project that Yellowstone National Park could see fires
increase in frequency three to ten times by 2100,
compared to 1990. 56
Although wildfires are a natural part of many
ecosystems, climate change is making many forests
51 U.S. FOREST SERV., THE RISING COST OF WILDFIRE OPERATIONS:
EFFECTS ON THE FOREST SERVICE’S NON-FIRE WORK 2–3 (2015),
https://perma.cc/YA4K-MYUL.
52 Id. at 2.
53 Id.
54 CONG. RESEARCH SERV., WILDFIRE STATISTICS, (Oct. 3, 2019),
https://perma.cc/J4D8-RWQY; https://perma.cc/J4D8-RWQY;
Suppression Costs, NAT’L INTERAGENCY FIRE CTR.,
https://www.nifc.gov/fire-information/statistics/suppressioncosts (last visited Jan. 21, 2022). In 2020, 10,122,336 acres were
burned, the second highest amount since 1985.
55 Kurt Repanshek, Wildfires Show How Climate Change is
Transforming National Parks, NAT’L GEOGRAPHIC (Oct. 14,
2020),
https://www.nationalgeographic.com/travel/article/wildfires-asign-climate-change-effects-are-worsening-in-national-parks.
56 Gonzalez, supra note 2, at 121 (Table 6.3).
18
drier, and therefore less able to rebound from
wildfires. 57 In places where forests are found at the
edge of their climatic tolerance, dry conditions
combined with wildfire may cause those forests to
convert to grasslands or shrubs. 58
Increased wildfires also lead to increases in
various pollutants emitted by these wildfires. 59 These
pollutants include ground-level ozone and fine
particulate matter, or “PM2.5.” 60 These pollutants
obscure the scenic views of these national parks and
simultaneously jeopardize human health. Exposure to
increased concentrations of PM2.5, like those recorded
in the parks, raises the risk of respiratory and
cardiovascular diseases. 61 Smoke waves are likely to
keep visitors away from national parks and threaten
the health of those who do make the trip. 62
Camille S. Stevens‐Rumann et al., Evidence for Declining
Forest Resilience to Wildfires under Climate Change, 21 ECOLOGY
LETTERS 243, 243 (2018).
58 Id.
59 BENJAMIN DEANGELO ET AL., U.S. ENV’T. PROT. AGENCY,
TECHNICAL SUPPORT DOCUMENT FOR ENDANGERMENT AND CAUSE
OR CONTRIBUTE FINDINGS FOR GREENHOUSE GASES UNDER
SECTION 202(A) OF THE CLEAN AIR ACT 89 (2009),
https://perma.cc/J538-7EX7.
60 See Yuanyuan Fang, Impacts of 21st Century Climate Change
on Global Air Pollution-Related Premature Mortality, 121
CLIMATIC CHANGE 239 (2013).
61 Jia Coco Liu et al., Wildfire-Specific Fine Particulate Matter
and Risk of Hospital Admissions in Urban and Rural Counties,
28 EPIDEMIOLOGY 77, 77 (2017).
62 See, e.g., Jaclyn Cosgrove, Fire Siege Leaves Yosemite Empty
of Humans, Filled with Smoke During Peak Summer Season,
L.A. TIMES (Aug. 4, 2018),
57
19
As wildfires intensify, so do the costs of fighting
them. From 1985 to 1999, federal fire-fighting costs
never exceeded $1 billion per year in any year. 63 Since
2011, costs have exceeded $1 billion every year. 64 In
2015 and 2017, costs exceeded $2 billion, and in 2018,
costs exceeded $3 billion. 65 Fire operations take
financial resources away from other needs, such as
infrastructure
maintenance,
natural-resource
preservation, recreational programs, and staffing,
which, in turn, harms visitor experience and local
communities. 66
Like the rest of the West, Yosemite National
Park is experiencing more frequent and intense
wildfires. 67 Yosemite faced the two largest wildfires in
its history within the past seven years. In 2013, the
Rim Fire burned over 77,000 acres—nearly ten
percent of the park. 68 In 2018, the Ferguson Fire
burned over 10,000 acres of park land, closing
https://www.latimes.com/local/lanow/la-me-yosemite-fire20180804-story.html.
63 See Federal Firefighting Costs (Suppression Only), NAT’L
INTERAGENCY FIRE CTR., https://perma.cc/A7L8-PAQS.
64 See id.
65 See id.
66 See U.S. DEP’T OF THE INTERIOR, BUDGET JUSTIFICATIONS 6–7,
50 (2019), https://perma.cc/ NDR4-CE43.
67 See Yosemite: Past Fire Activity, NAT’L PARK SERV. (Aug. 29,
2019), https://perma.cc/7APT-HEAJ (Yosemite’s fire history
map); Gonzalez, Climate Change Trends, supra note 2, at 115
(Table 6.2) (noting that “[f]ire frequency and burned area [have]
increased with temperature” in western parks).
68 Id.
20
Yosemite Valley, in its entirety, for 20 days. 69 For
nearly a century, visitors have converged on
Yosemite. 70 Now, these groups are being exposed to
the harmful pollutants left behind by wildfires. 71
Moreover, the view of iconic sites like El Capitan, Half
Dome, and Bridal Veil Falls may be increasingly
obscured by haze from wildfires exacerbated by
climate change. 72
Finally, climate change also worsens air quality
independent of wildfires because a warm climate
amplifies the harms of ozone pollution. 73 This
warming in turn makes places where there are
instances of high ozone pollution, like Joshua Tree or
Rocky Mountain National Park, all the worse for
69 Chris Erskine, Yosemite Valley to Reopen Tuesday After Nearby
Fires Closed It for 20 Days, L.A. TIMES (Aug. 10, 2018),
https://perma.cc/R3GB-PWYT; Post Ferguson Fire, YOSEMITE
MARIPOSA CNTY. TOURISM BUREAU, https://perma.cc/528MV5DM.
70 About Us, CAMP WAWONA, https://perma.cc/Q4DJ-VBCK (last
visited Jan. 21, 2022); Two Popular Summer Camps Near
Yosemite Close Due to Smoky Air, KTVU FOX 2 (July 21, 2018),
https://perma.cc/V66B-XVAY.
71 Alex Rudee, Yosemite’s Dirty Air Secret, NAT’L PARKS
CONSERVATION ASS’N (Sept. 19, 2017), https://perma.cc/G4PTMQTG.
72 Id.
73 See Air Quality and Climate Change Research, U.S. ENV’T
PROT. AGENCY, https://www.epa.gov/air-research/air-qualityand-climate-change-research; How Climate Change Affects the
Air We Breathe, THE WEATHER CHANNEL (Dec. 6, 2021),
https://weather.com/news/climate/video/how-climate-changeaffects-the-air-we-breathe.
21
visitors to breathe. 74 Ozone pollution is associated
with a myriad of health problems, including
diminished lung function and premature death. 75
III.
Damage to the National Park System from
climate change also brings significant
harm to the U.S. economy and the
interests of various stakeholders
The NPS is tasked with managing the national
parks and its 20,000 employees, and its budget is
funded by the U.S. taxpayer. 76 The national parks
have been substantial economic generators and a
sound investment, “return[ing] more than $10 for
every $1” the U.S. taxpayer invests in the NPS. 77 In
2020, national parks contributed $16.7 billion in total
value to the national economy. 78 In 2019, at prepandemic levels, national parks contributed $24.3
billion in total value. 79
See Ozone Exceedances Monitored in National Parks, NAT’L
PARK SERV., https://www.nps.gov/subjects/air/ozone-exceed.htm
(last updated May 24, 2021) (illustrating ozone exceedances
across national parks monitored for ozone).
75 Climate Change Decreases the Quality of the Air We Breathe,
CTRS. FOR DISEASE AND CONTROL,
https://www.cdc.gov/climateandhealth/pubs/air-qualityfinal_508.pdf (last visited Jan. 20, 2022).
76 Amelia Josephson, The Economics of National Parks,
SMARTASSET (Mar. 18, 2021), https://smartasset.com/taxes/theeconomics-of-national-parks.
77 Id.
78 CATHERINE CULLINANE THOMAS & LYNNE KOONTZ, NATURAL
RESOURCE REP. 2021/2259, 2020 NATIONAL PARK VISITOR
SPENDING EFFECTS: ECONOMIC CONTRIBUTIONS TO LOCAL
COMMUNITIES, STATES, AND THE NATION (2021).
79 Id.
74
22
Increased costs of protecting national parks
from GHG-driven climate change will continue to
burden the U.S. taxpayer if unabated. Every time a
national park and adjacent community suffer the
physical damage associated with human-caused
climate change, the tourism dollars and federal
funding go towards clean-up and repair efforts. 80
Whether it be from floods or fires, natural disasters
are expensive, 81 and this cost is largely shouldered by
the local communities supporting the national
parks. 82
The potential economic impact of reduced visits
to national parks can be seen through another realworld case study: the COVID-19 pandemic. 2020 saw
a steep decline in visits to national parks compared to
2019 likely due to the coronavirus pandemic. In 2020,
national park recreation visits were reported at
237,064,332. 83 This figure is a 27.7 percent decrease
80 See Christina A. Cassidy & Bob Salsberg, Costs From Major
Natural Disasters Can Stress State Budgets, FLATHEAD BEACON
(Sept. 18, 2017), https://flatheadbeacon.com/2017/09/18/costsmajor-natural-disasters-can-stress-state-budgets/.
81 Billion-Dollar Weather and Climate Disasters, NAT’L CTR. FOR
ENV’T INFO., https://www.ncdc.noaa.gov/billions/ (last visited
Jan. 21, 2022). In 2021, damage caused by weather and climate
disasters cost $145 billion. Id.
82 McLeod Brown, The Effect of Natural Disasters on Local
Economies, BUREAU OF LAB. STAT.: MONTHLY LAB. REV. (Jul.
2017), https://www.bls.gov/opub/mlr/2017/beyond-bls/the-effectof-natural-disasters-on-local-economies.htm.
83 PAMELA S. ZIESLER & CLAIRE M. SPALDING, NATURAL
RESOURCE DATA SERIES 2021/1326, STATISTICAL ABSTRACT: 2020
(2021).
23
from 2019 levels, equivalent to 90.5 million visits. 84 As
a result of decreased visitation, visitor spending in the
national parks and surrounding communities
decreased from $21.0 billion in 2019 to $14.5 billion in
2020, a decrease of $6.5 billion or 31 percent. 85
Furthermore, failure to meaningfully address
climate change may threaten the economic vitality of
communities that depend on national parks.
“Gateway communities” are the towns located within
60 miles of a national park. 86 These economies are
hugely dependent on tourism and spending from
visitors to the national parks. In 2019, visitors to
national parks contributed $21.0 billion in consumer
spending to the economies of the gateway
communities alone. 87 Visitors to national parks spend
money in the surrounding communities, allowing local
restaurants, hotels, recreation services, and shops to
thrive. Employees of local businesses also use their
incomes to make purchases within the local
economies, further contributing to the economic
growth of gateway communities. 88
As a result of decreased visitation to national
parks during the pandemic, the total jobs supported
by the national park community decreased from
84 Id. at 11.
85 THOMAS & KOONTZ, supra note 78.
86 Josephson, supra note 76.
87 Visitor Spending Effects: Economic Contributions of National
PARK
SERV.,
Park
Visitor
Spending,
NAT’L
https://www.nps.gov/subjects/socialscience/vse.htm (last updated
Apr. 25, 2018).
88 THOMAS & KOONTZ, supra note 78, at 3.
24
340,500 in 2019 to 234,000 in 2020, a 31.3 percent
decrease. 89 This figure includes the people employed
by the parks and all of the employees of the associated
tourism industry, and the vast majority of these jobs
were located within 60 miles of the parks. 90 The sharp
decrease in visitor spending and employment
opportunities in local communities is devastating, and
similar trends may be realized if national parks are
further destroyed by the droughts, wildfires, sea level
rise, and other harms associated with climate
change. 91
89 Id.
90 National Park Visitor Spending Contributed $28.6 Billion to
U.S. Economy in 2020, NAT’L PARK SERV. (June 10, 2021),
https://www.nps.gov/orgs/1207/vse2020.htm.
91 See Katherine Kornei, Invasive Plants and Climate Change
Will Alter Desert Landscapes, EOS (Jan. 13, 2022),
https://eos.org/articles/invasive-plants-and-climate-change-willalter-desert-landscapes; Alicia Victoria Lozano, Wildfire Near
Rocky Mountain National Park Fully Contained at 147 Acres,
MSN (Nov. 20, 2021), https://www.msn.com/enus/news/us/wildfire-near-rocky-mountain-national-park-fullycontained-at-147-acres/ar-AAQX2Uk; David Boraks, For Gullah
Geechee People on the SC Coast, Climate Change is Already a
Threat, WFAE 90.7: CHARLOTTE’S NPR NEWS SOURCE (Oct. 28,
2021), https://www.wfae.org/energy-environment/2021-1028/for-gullah-geechee-people-on-the-sc-coast-climate-change-isalready-a-threat.
25
CONCLUSION
The cases should be dismissed. If not, the
judgment below should be affirmed.
Respectfully submitted.
PAUL KOSTER
Counsel of Record
Emory Law School
Supreme Court Advocacy Program
1301 Clifton Road
Atlanta, GA 30322
(404) 727-3957
paul.koster@emory.edu
STEPHANIE KODISH
National Parks Conservation
Association
777 6th Street NW
Washington, DC 20001
(865) 964-1774
skodish@npca.org
Counsel for Amicus Curiae
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.