Global Biodiversity Is Falling Fast, Imperilling Humanity. Can Better Policy Avert a Collapse?

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THE DEBATE
                                                        i n     p r i n t

      Global Biodiversity Is Falling Fast, Imperilling
      Humanity. Can Better Policy Avert a Collapse?

          T
                     he South China tiger, the passenger pi-      marine denizens; and terrestrial climate zones
                     geon, and chestnut ermine moth are ex-       migrate toward the poles faster than their estab-
                     tinct. The Florida yew, Sumatran rhinoc-     lished ecosystems can keep up.
                     eros, and North American right whales           In apparent contradiction to the dire condition
                     are critically endangered. And it is not     of biodiversity on the ground, there appears to
          just a few scattered species. Stunningly, at least      be a robust legal regime to protect biodiversity,
          half the global insect and phytoplankton biomass        including the U.S. Endangered Species Act and
          is now gone. Remarkably, about 96 percent of            similar legislation in many other countries. The
          the total mammalian biomass on Earth is now             world community has established the interna-
          humans and domestic mammals, and roughly                tional CITES accord to limit trade of endangered
          75 percent of the total bird biomass is domestic        organisms and formed the Convention on Bio-
          fowl. It is truly the age of the Anthropocene.          logical Diversity. Beyond the statutory and treaty
             The tropical rainforests of South America,           regime, one can point to substantial parks and
          Southeast Asia, and equatorial Africa — the three       other means of protecting natural habitats. Ef-
          main hotspots of terrestrial biodiversity, together     forts to protect biodiversity include work by gov-
          treasuring a storehouse of genetic information          ernments, businesses, and NGOs and are them-
          and serving as key components of the terrestrial        selves quite diverse — debt-for-nature swaps
          biosphere — have been decimated. Much of the            being a prime example.
          natural habitat that remains is cut through with           Yet somehow, that legal regime and protection
          roads, dwellings, and larger buildings, and every       efforts have been grossly ineffective. Upgrading
          imaginable sort of resource extraction activity.        these measures to meet the extent of the threat
             Meanwhile, the challenges mount as the seas          is in order. Our expert panel looks at the difficult
          rise, invading coastal ecosystems; ocean waters         issues involved in saving the global environment
          become more acidic and inhospitable to many             from biodiversity collapse.

52 | T H E E N V I R O N M E N T A L F O R U M         Copyright © 2019, Environmental Law Institute®, Washington, D.C. www.eli.org.
                                                          Reprinted by permission from The Environmental Forum®, May/June 2019
“The synergistic effects of                               “It’s largely a matter of
                                      anthropogenic impacts                                     seeing a revenue stream
                                      place the planet’s life-                                  and bundling these
                                      support systems on the                                    streams into investable
                                      verge of a crucial tipping                                vehicles that the rather
                                      point, imperilling all of                                 indolent and risk-averse
                                      humanity.”                                                finance world will buy.”

           Rodolfo Dirzo                                                       Frank Hawkins
    Bing Professor of Environmental                                          Director
                 Science                                             IUCN North America Office
        Stanford University

                                     “Some politicians become                                  “We need fresh approaches
                                      richer, but none of their                                 grounded in the reality
                                      voters do. Laws cannot                                    that the fate of humanity
                                      contain the destruction                                   is tied to the fate of
                                      when the perpetrators are                                 our fellow travelers on
                                      among the lawmakers.”                                     Spaceship Earth.”

       William Magnusson                                                   Patrick Parenteau
             Researcher                                                        Professor
   Brazilian National Institute                                           Vermont Law School
     for Amazonian Research

Copyright © 2019 Environmental Law Institute®, Washington, D.C. www.eli.org.                           M A Y / J U N E 2 0 1 9 | 53
Reprinted by permission from The Environmental Forum®, May/June 2019
T HE        DEB AT E

  Saving the Services                            ence has also documented increasing
                                                 levels of toxic pollution correlated
                                                                                              comparable levels of diversity, and
                                                                                              for life-support systems to reach a
   to Humanity of                                with human activity, which further
                                                 poison species.
                                                                                              new, relatively stable ecological state.
                                                                                                  The last massive global extinc-
  Biology’s Richness                                 We now see increasing evidence           tion permitted the demise of the
                                                 of the most critical, truly irreversible     dinosaurs, some 65 million years
         By Rodolfo Dirzo                        global environmental change: mas-            ago, along with most other species
                                                 sive biological extinctions of local         then living on the planet. While

  T
           he Earth’s majestic terres-           populations and species, preluded            biological recovery did in fact ensue,
           trial and marine ecosystems,          by steep declines of the abundance           once more it took millions of years
           together with their climatic          of plants and animals. Not only the          — and the resulting diversity was
  envelopes, geological substrates,              large and charismatic animal spe-            very different from that of the pre-
  and the processes and products                 cies are dying off, but invertebrates        extinction global ecosystem.
  resulting from their functioning,              too, including many beneficial in-               While post-tipping point recover-
  represent humanity’s life-support              sects. The most significant drivers          ies can and do occur, this is of no
  systems. Their precious roles include          of these affronts to nature are the          consolation from the perspective
  capturing carbon dioxide, releasing            unprecedented growth of the human            of today’s interdependent global
  oxygen, supplying food and drink-              population and excessive resource            civilization. There is no way society
  able water, controlling soil erosion,          consumption in the richer countries.         could wait even ten years for nature’s
  regulating pests, recycling wastes,                Each one of these anthropogenic          depleted services to be restored, let
  and providing inspiration through              impacts has profound consequences            alone ten million.
  the wonders of our natural home.               when analyzed separately, yet it                 If action is not immediately un-
      These services are, essentially,           is their compounded, synergistic             dertaken to change the current path,
  the result of about 4 billion years of         effects that place humanity’s life           we can conclude that humanity’s
  relentless organic evolution — so              support systems on the verge of a            quality of life will suffer substantial
  relentless, in fact, that it has over-         critical tipping point — an abrupt           degradation within a few decades.
  whelmed the occurrence of five                 shift in biodiversity, ecological struc-     Therefore, it is essential that, beyond
  major pulses of biological extinction          ture, and ecosystem functioning that         the scientific community, society
  that occurred over the last 550 mil-           would imperil all life. The effects re-      at large — the general public and
  lion years. Extraordinarily, never in          sult is an acceleration of the chances       governments at all levels — gains a
  the history of life has the planet ac-         of crossing critical thresholds, lead-       deeper understanding and develops
  cumulated more biological diversity            ing to irreversible change within a          a recognition of the urgency of the
  than in the present times — when               few decades while fueling mounting           predicament we all face.
  we humans are also present.                    international conflict.                          Policymakers will need to imple-
      Ironically, despite the current                When multiple global pressures           ment solutions that drive social
  pinnacle of biodiversity, humanity             combine, ecosystem changes occur             change. Scientific knowledge and
  since the industrial revolution, but           more unexpectedly, faster, and more          technological capacity are not the lim-
  most notably in the last few decades,          intensely than what would be pre-            iting factors; we are limited, rather, by
  has become a formidable force of en-           dicted from considering each impact          personal attitudes and priorities. We
  vironmental change and a formidable            separately. The crossing of tipping          need systematic education explaining
  threat to the life forms and life-sup-         points leading to different ecological       how human wellbeing depends on
  port systems upon which all depend.            settings has been documented at a            environmental life-support systems,
      The global community of scien-             variety of temporal and spatial scales.      emphasizing the pressing need to
  tists who study the interaction of hu-         Some tipping points in the past have         cease the abuse of these systems and
  manity with the rest of the biosphere          been of profound and global impact           resources. Should we commit to curve
  has helped us understand the trajec-           and, yet, life recuperated afterward         the trajectory of the Anthropocene
  tory of key impacts on the planet. We          — in a manner of speaking.                   Era, it is our youth who will be safer
  now have clear evidence that Homo                  Let us consider the case of the          when they reach maturity and find a
  sapiens is causing the strongest, fast-        massive extinction of 250 mil-               planet with the same biological trea-
  est climatic disruption since modern           lion years ago, when natural global          sures we have enjoyed ourselves.
  people evolved. At the same time, we           changes brought about the demise
  have driven a massive deterioration of         of the majority of species. Although         Rodolfo Dirzo is Bing Professor in environ-
  terrestrial and marine habitats, while         one might say the flora and fauna            mental science at Stanford University and
  maintaining a steep overexploitation           were able to recover, it took tens of        senior fellow at the Woods Institute for the
  of their resources. Furthermore, sci-          million years for ecosystems to reach        Environment.

54 | T H E E N V I R O N M E N T A L F O R U M                   Copyright © 2019, Environmental Law Institute®, Washington, D.C. www.eli.org.
                                                                    Reprinted by permission from The Environmental Forum®, May/June 2019
T HE          DEB AT E

     Making Species                                The Malagasy farmer is faced with
                                                   huge risks, most of them caused by
                                                                                                So here’s a great opportunity for
                                                                                             some policy gain. If governments
    Worth More Alive                               governance issues — over land ten-
                                                   ure and over the ability to negotiate
                                                                                             were to use their public money to
                                                                                             create conditions for private finance
      Than Dead                                    fair deals in contracts. The cookie       to flow to conservation deals that
                                                   manufacturer needs to be acutely          make money, we’d be solving the
          By Frank Hawkins                         aware of the risk to biodiversity it is   Malagasy farmer’s problem and able
                                                   causing by supporting the destruc-        to create economic opportunity

  L
          ooking at global biodiversity            tion of rainforests.                      driven by demand from informed
          collapse from where I started,               For companies, most of this risk      consumers. The conditions that are
          in western Madagascar, and               is currently reputational— they suf-      needed include capacity building to
   from where I am now, in Washing-                fer if they can be portrayed as badly     improve governance and knowledge
   ton, D.C., the reasons for the loss of          behaved by consumer groups. This          of deal development in the countries
   species are the same. People convert            can have generally short-term im-         that need it most — and as I can
   biodiversity to cash, knowingly or              pacts on company behavior, since          swear, Madagascar is a really good
   unknowingly, directly or indirectly.            they quietly find ways to manage this     example — and lots of risk finance
       Poor people in Madagascar have              very adeptly. So in order to be effec-    that can draw in private investors.
   no other option but to cut forest               tive in reducing biodiversity loss, the      Investment in nature can come in
   for land to plant subsistence or cash           downside to companies of destroying       many forms. Examples include sup-
   crops, using the trees as a nutrient            biodiversity needs to be backed with      port to sustainable agriculture like
   burst for the crop. In the western              teeth— legal and financial teeth.         palm oil that protects orangutans,
   world, people unknowingly pay                       A big opportunity to produce          investments in coral reefs and man-
   companies money for goods that are              this kind of behavior— one that           groves that provide carbon seques-
   produced on land cleared of primary             lies a little way in the future — is to   tration, food, and storm surge pro-
   rainforest. Both cases are leading              associate the impacts of producers        tection, deploying upstream green
   to the loss of fabulously rich and              on biodiversity with the behavior of      infrastructure to deliver water to
   complex ecological systems. The end             consumers through something that          downstream users, and many others.
   result is the same: we are facing a             bears the weighty name of Environ-           It’s largely a matter of seeing a
   mass extinction event the equal of              mentally Extended Input-Output            revenue stream — reduced insur-
   anything since the end of the Cre-              Analysis. This way, the impact of         ance payments? eco-certification?
   taceous, when a comet or meteor                 the coffee produced in Ghana can          avoided deforestation credits? re-
   slammed into our planet, wiping out             be traced all the way to all the coun-    duced sedimentation risk for farm-
   the dinosaurs and the majority of               tries that buy and consume it, thus       ers? ecotourism revenue? — and
   other species.                                  enabling us to pass some of the costs     bundling these streams into invest-
       The solution to the present crisis          of mitigating ecosystem impacts di-       able vehicles that the rather indolent
   is that the Earth’s great examples of           rectly to consumers, perhaps in the       and risk-averse finance world will
   ecology need to be worth more as                form of a tax. The politics of how        buy. Indeed, the non-indolent and
   ecosystems than as cash — and by                these cost transfers can happen still     non-risk averse members of that
   worth I mean of both financial and              needs working through, but at least       group are already doing this, and
   spiritual character. For the Malagasy           producers and consumers won’t be          successful models are being stan-
   farmers of Madagascar, that means               able to say they don’t know what the      dardized, replicated, and aggregated
   the opportunity to participate in an            impacts of the production are any         in these sectors.
   economic system that brings them                more, at least in financial terms.           There are already dozens of these
   much better long-term prospects                     The opportunity side of the equa-     kinds of deals. But we need tens of
   than the gut-wrenching insecurity of            tion is starting to take off. Around      thousands of deals, of an immensely
   moving from patch to patch every                $300-400 billion is needed glob-          greater value, in order to deliver the
   year to cultivate subsistence or local-         ally on an annual basis to sustain        scale of investment in nature that
   market goods. For the American                  biodiversity. Only about a tenth of       will be needed to sustain the planet
   consumer, it means knowing that                 this can be expected to come from         while lifting the lot of the Malagasy
   the palm oil in her bag of Chips                public finance. The rest has to come      and the billion or more poor people
   Ahoy was produced without the loss              from private investment. However,         to participate in sustainable local,
   of orangutans and their habitat, or             investing in conservation is tricky       regional, and global economies.
   any other form of Bornean biology.              — risks of failure are high, returns
       So how can we make that hap-                are unpredictable, deals are currently    Frank Hawkins is the Director of the IUCN
   pen? It’s a matter of managing risk.            rather small.                             North America Office.

Copyright © 2019 Environmental Law Institute®, Washington, D.C. www.eli.org.                                M A Y / J U N E 2 0 1 9 | 55
Reprinted by permission from The Environmental Forum®, May/June 2019
T HE        DEB AT E

   Dealing With Our                              are generally talking about domes-
                                                 ticating micro-organisms and not
                                                                                                   Up until the last couple of cen-
                                                                                              turies, most of the frontiers were
    Own Species to                               borrowing genes from whales. Micro-
                                                 organisms hold the greatest amount
                                                                                              related to biodiversity exploitation,
                                                                                              and much of the world’s population
   Stop Genetic Loss                             of biomass and genetic material on           became rich exploiting them. They
                                                 the planet, and contrary to mammals          successfully enacted laws to protect
    By William Magnusson                         and birds, most of that biomass is not       what was left, but two groups were
                                                 domesticated.                                left behind. In the process of coloni-

 I
       do not believe that the biodiversity          For whatever the reason, humans          zation, the local people were often not
       crisis, or for that matter climate        value biodiversity and have enacted          respected and not provided with ade-
       change, is an existential threat to       laws or adopted practices to conserve        quate education, and the only frontier
  humanity. And I say that as someone            it throughout the world. These have          they can see is that which was colo-
  who loves biodiversity, has spent              obviously been resoundingly inef-            nized by their oppressors. The route
  much of his life studying it and en-           fective and, rather than imagine that        to conservation is to provide them
  gages in hot battles to conserve what          some new law based on a general fear         with the education to see the oppor-
  is left of it. There is likely to be some      of the extinction of humans due to           tunities that reside in biodiversity that
  level of biodiversity below which hu-          biodiversity loss will be more effective,    are not related to its reduction.
  mans cannot survive, but we have no            it would be better to investigate why             The other group that got left
  idea what that is, and attempts to say         the present laws have not worked.            behind is composed of the populist
  we do just puts us into the realm of               Homo sapiens is a colonizing spe-        politicians that lack the educational
  fake news.                                     cies. This is an almost direct conse-        or intellectual capacity to see the
      This brings us back to the question        quence of the capacity of members of         new frontiers. Some of these are rich
  of why we value biodiversity. Saying           the species to contemplate new op-           and powerful by heredity or luck. As
  that it is because we are in imminent          portunities. At first we colonized new       they cannot see the potential in the
  danger of extinction, as well as being         lands, but as they became exhausted          new frontiers, they continue to try to
  human centric, makes us vulnerable             we started to colonize new dimen-            exploit the resources that made their
  to those who can present contrary              sions. Each new specialization that          ancestors rich, and sell that route to
  arguments. In 1500, any thoughtful             developed opened new frontiers for           riches to an uneducated electorate.
  person armed with the facts would              those who were better endowed intel-              Some of those politicians become
  have come to the conclusion that hu-           lectually and had sufficient courage.        richer, but none of their voters do.
  mans could not withstand the loss of               Many of those that had the sen-          Laws cannot contain the destruction
  over 90 percent of the large terrestrial       sibility to conquer new frontiers            when the perpetrators are among the
  wild vertebrates, but we did. Obvi-            also had the perspicacity to see that        lawmakers.
  ously, something was lost, but it was          resources were dwindling and to                   Law enforcement is important, but
  not the potential for human life or            propose rules of law to protect those        cannot be the whole story. In Brazil,
  civilization.                                  resources. The law of supply and             where I work, a positive develop-
      Survival in an extremely bio-              demand ensures that the value of a           ment is the Program for Biodiversity
  uniform world is obviously possible,           resource increases with its rarity, but      Research (PPBio), which I help co-
  but the question is whether that is            protection by the law moves the re-          ordinate in western Amazonia. It was
  what we want. Most conservationists            source from the private to the public        created by the federal government to
  value biodiversity for spiritual or aes-       sector and the tragedy of the com-           fill the gap between local needs and
  thetic reasons, and only a handful are         mons means a common resource is              national obligations. The first phase
  engaged in the fight because they are          difficult to protect.                        created regional hubs with commit-
  trying to save humanity, though that               Why should some sectors want to          tees constituted by representatives of
  is the argument that most present to           exploit a resource to extinction? The        all local stakeholders. The hubs are
  the general public. If we want to par-         simple answer is that those sectors          linked in a multidisciplinary network
  ticipate in the debate, let’s be honest.       can see no alternative. People with          that defines priorities for capacity
      There are lots of reasons to value         the ingenuity to exploit new frontiers       building. This ensures that research
  biodiversity, but the one that appeals         can often see the value in protecting        and management is not divorced from
  most to me is that it enhances the             a dwindling resource. Entrepreneurs          the needs and aspirations of the local
  potential for evolution and we are a           such as Bill Gates often spend much          people. PPBio is a good first step.
  product of evolution. Sometimes we             time and money to protect biodiver-
  say that human progress is likely to           sity. But not everyone can recognize         William (Bill) Magnusson is a researcher
  depend on products or processes we             the new frontiers that are opening up,       at the Brazilian National Institute for Amazo-
  can extract from biodiversity, but we          or have the courage to colonize them.        nian Research, known as INPA, in Manaus.

56 | T H E E N V I R O N M E N T A L F O R U M                   Copyright © 2019, Environmental Law Institute®, Washington, D.C. www.eli.org.
                                                                    Reprinted by permission from The Environmental Forum®, May/June 2019
T HE          DEB AT E

       A Bug’s-Eye                                 natural rate. And it would take mil-
                                                   lions of years for nature to replace
                                                                                             conservation plans and other mecha-
                                                                                             nisms — there is widespread agree-
     View of the Sixth                             the biodiversity being lost, according
                                                   to a study by Danish researchers.
                                                                                             ment that the pace of recovery is too
                                                                                             slow. The law has too few tools to
        Extinction                                     The legal and policy responses to     deal with the backlog of species that
                                                   this impoverishment of the natural        are candidates for listing, let alone
       By Patrick Parenteau                        world have been woefully inad-            deal with the surpassing threats
                                                   equate. The Convention on Bio-            posed by climate change.

  I
       magine a world without bugs.                logical Diversity was signed by 150           Critics of the ESA claim that it
       Sounds appealing at first. No               nations at the 1992 Earth Summit,         has a poor record of recovering spe-
       more mosquitoes spreading dis-              with the United States abstaining.        cies. In fact it has saved some very
   ease. No more ticks hiding in your              It begins with the lofty objectives       high-profile animals from almost
   socks. No more ants ruining your                of “the conservation of biological        certain extinction, including the
   picnic.                                         diversity, the sustainable use of its     whooping crane, California con-
      But what if there were no insects            components, and the fair and eq-          dor, black footed ferret, and Santa
   to pollinate your food? Up to 75                uitable sharing of the benefits aris-     Catalina fox. The reintroduction
   percent of our cultivated plants and            ing out of the utilization of genetic     of the gray wolf to the Yellowstone
   up to 90 percent of all wild plants             resources.” But the results have been     ecosystem is one of the most dra-
   are dependent on insects to propa-              disappointing. None of the 196 na-        matic conservation achievements in
   gate. What if there were no insects             tions that have ratified the treaty       history. The fact that 99 percent of
   to decompose waste and recycle                  met their 2010 targets for reducing       the listed species are still alive with a
   organic substances essential to main-           biodiversity loss.                        chance to survive is remarkable given
   taining soil fertility? What if there               In 2010, the CBD announced            the massive loss of habitat most have
   were no good bugs to eat the bad                a strategic plan that includes 20         suffered.
   bugs?                                           global biodiversity goals, known as           The rap on the ESA is that it is all
      Insects are the most abundant                the Aichi Targets, to be achieved by      stick and no carrot. In truth there
   form of life on Earth. 1.5 million              2020. The goals include conserving        are dozens of landowner-friendly
   varieties have been catalogued. In              17 percent of total terrestrial and       policies under the act — safe har-
   terms of biomass, insects outweigh              inland water on Earth and cutting         bors, no-surprises agreements,
   humanity by 17 times. But more                  in half the current rate of loss of all   habitat conservation plans, conserva-
   than 40 percent of insect species               natural habitats. Fully funding the       tion banks, candidate conservation
   are declining and a third are endan-            Global Environment Facility created       agreements, and tax credits, just to
   gered. The rate of extinction is eight          at the Earth Summit, which is the         name a few. More incentives would
   times faster than that of mammals,              CBD’s principal mechanism for fi-         certainly be welcome, and there is no
   birds, and reptiles. The total mass of          nancing projects, is the biggest chal-    shortage of ideas, but that requires
   insects is falling by a precipitous 2.5         lenge. The Trump administration’s         a dedicated funding source, which
   percent a year. At that rate, insects           cancellation of the U.S. contribution     is not part of the current debate in
   could be functionally extinct within            hasn’t helped.                            Congress. Draft legislation to “mod-
   a century. The main drivers of this                 In the United States, the Endan-      ernize” the ESA is but the latest at-
   decline appear to be habitat loss               gered Species Act, which the Su-          tempt to weaken the law by handing
   through conversion to intensive agri-           preme Court once called “the most         over responsibility to states, shield-
   culture and urbanization, pesticides            comprehensive legislation for the         ing delisting decisions from judicial
   and fertilizers, invasive species, and          preservation of endangered species        review, and burdening the already
   climate change.                                 ever enacted by any nation,” has not      underfunded and beleaguered federal
      Even if the predictions of an “in-           been re-authorized since 1992, a vic-     wildlife agencies with new deadlines,
   sect apocalypse” prove hyperbolic,              tim of the gridlock in Congress.          paperwork, and other requirements.
   there is no doubt that we are in the                Even when it is allowed to func-          We need fresh approaches, in-
   throes of the Sixth Extinction. Only            tion properly — that is, when             formed by science, inspired by the
   this time it is not meteors raining             imperiled species are promptly            successes to date, and grounded in
   death and destruction on global                 listed, critical habitat is designated,   the reality that the fate of humanity
   biodiversity. It’s humans. Accord-              recovery plans are adopted, federal       is tied to the fate of our fellow travel-
   ing to distinguished conservation               agencies obey the command to avoid        ers on Spaceship Earth.
   biologists like E. O. Wilson, the               jeopardizing species, and non-federal
   rate of human-caused extinctions is             parties obtain permits to mitigate        Patrick Parenteau is a professor of law at
   hundreds or thousands of times the              the “take” of species through habitat     Vermont Law School.

Copyright © 2019 Environmental Law Institute®, Washington, D.C. www.eli.org.                                 M A Y / J U N E 2 0 1 9 | 57
Reprinted by permission from The Environmental Forum®, May/June 2019
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