Cross-Border, Nature Based Market Solutions to Protect Blue Carbon Coastal Ecosystems in the Californias

March 2022

carbon emissions offsets from projects in the Baja California peninsula. First, it will be essential to engage with the regulatory authority for California development projects, i.e. county or city government, to see if they will incorporate offsets in their GHG mitigation strategy, and in particular out-of-country offsets. Second, where a GHG mitigation plan permits the use of offsets, the plan should incorporate the factors listed above. Third, the provisions regarding out-of-country offsets will need to be particularly rigorous to overcome judicial skepticism. Enforceability is a critical issue. Therefore, the offsets must be issued in a process that excludes corruption and must be “self-executing,” without discretionary enforcement. Importantly, the Golden Door case also comments favorably on a County of San Diego mitigation measure pertaining to direct investment in offset projects rather than purchase of offsets. This could potentially provide an alternative source of funding for out-of-country projects and should be explored in depth. Each California city and county government has its own land use measures and GHG mitigation mechanisms. If GHG emissions offsets are to be applied binationally, it will be necessary to identify those on a county basis, such as many in Southern California where there is substantial development and, accordingly, a large potential market for offsets. Then, the critical issue is whether it will be possible to incorporate out-of country offsets in the GHG mitigation strategies for those jurisdictions where strong linkages can be established to coastal habitats along the Baja California peninsula that are critical for listed migratory bird species that are a priority for protection in the State of California .

IV. What legal and policy considerations must be taken into account to catalyze cross-border conservation along the Baja California peninsula? Before any potential cross-border nature-based market solution can be considered to protect the blue carbon ecosystems of the Baja California peninsula, Mexican Federal and State laws to protect such ecosystems must be taken into consideration. Blue carbon is mainly produced in coastal and marine ecosystems by marine vegetation such as mangroves, seagrass, salt marshes and kelp. In Mexico, the Constitution stipulates that these marine and coastal areas belong to the Mexican Nation. Specifically, Article 27 of the Constitution specifies that “ownership of the lands and waters within the limits of the National Territory corresponds by origin to the Nation, which has had and has the right to transfer its dominion over such to private persons, creating private property.” MEXICO

Santa Rosalía, municipio Mulegé, B.C.S.Pollution and waste management is a big challenge coastal communities face. Photo: Octavio Aburto

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