Tournament: Wake | Round: 2 | Opponent: MSU CZ | Judge: Hardy
1AC

Pre-Empts

Contention 1 is No Disads  

DOD complies with NEPA
Baldwin 12 (Charlotte Fay Baldwin, US Department of the Army Fort Hood, Texas, “The National Environmental Policy Act (NEPA) Process with Military Projects By October 2012,” http://dukespace.lib.duke.edu/dspace/bitstream/handle/10161/6030/C.20Baldwin_Capstone20Paper20Oct20209202012_FINAL.pdf?sequence=1) 

The Department of Defense (DoD) follows the rigorous requirements outlined in NEPA,
AND
stewardship, and, as appropriate, in the context of regional ecosystems.”

Court controversies now
Ziskind 13
Jeremy, Master's Degree in Public Policy (MPP) from the UCLA School of Public Affairs, ProCon.Org,  Controversial Issues Fill US Supreme Court Docket, 10/10/13, http://www.procon.org/headline.php?headlineID=005182

The new US Supreme Court term, which began on Oct(ober). 7
AND
warrant to search data on the cell phone of a person under arrest.

Political question doctrine is dead
Stras 08
David, associate justice of the Minnesota Supreme Court , The Decline of the Political Question Doctrine, 12/29/08, http://balkin.blogspot.com/2008/12/decline-of-political-question-doctrine.html

Not surprisingly, the Court has limited the application of the political question doctrine to
AND
expanding its discussion of extraterritorial application of the Constitution and further distinguishing Eisentrager.)

Plan 

Plan: The United States Federal Judiciary should substantially increase National Environmental Policy Act restrictions on the introduction of Armed Forces into hostilities.

Warming

Contention 2 is Warming

Wartime environmental destruction causes extinction – U.S. is key
Nevins 10
Joey, associate professor of geography at Vassar College, Greenwashing the Pentagon, 6/14/10, https://www.commondreams.org/view/2010/06/14-1

As oil continues to gush into the Gulf of Mexico, just one of many
AND
ever, humanity—and Mother Earth—can no long afford them.

Warming suits rest on shaky ground – standing and political questions key
Guarino 11 -- Exec Editor @ Boston College Enviro Affairs Law Review, Edwards Wildman Palmer LLP Associate (Katherine A., 2011, "NOTE: THE POWER OF ONE: CITIZEN SUITS IN THE FIGHT AGAINST GLOBAL WARMING," 38 B.C. Envtl. Aff. L. Rev. 125, L/N)

I. THE JUSTICIABILITY AND STANDING BARRIERS Since their inception, global warming suits have
AND
claims against greenhouse-gas-emitting companies for global warming injuries. n115

Courts are too deferential now – that undermines environmental statutes and creates precedent of military before environment
Lightbody 9 (Lisa – J.D. Candidate, Harvard Law School, “Case Comment: WINTER V. NATURAL RESOURCES DEFENSE COUNCIL, INC.”, 2009, 33 Harv. Envtl. L. Rev. 593, lexis)
B. Policy-Driven Balance of Harms Despite chastising the lower courts for summarily
AND
claim a military emergency to avoid procedural obligations under environmental statutes will grow.

NEPA exemption collapses environmental litigation across the board
Narodick 9 -- J.D. Candidate, Boston University School of Law, 2010 (Benjamin I., 2009, "LEGAL UPDATE: WINTER V. NATIONAL RESOURCES DEFENSE COUNCIL: GOING INTO THE BELLY OF THE WHALE OF PRELIMINARY INJUNCTIONS AND ENVIRONMENTAL LAW," 15 B.U. J. SCI. and TECH. L. 332, L/N)

The assessment of the public interest in Winter is also very troublesome for future environmental
AND
has proven not to be a fluke in the course of American jurisprudence.

Wartime exceptions are at the root of the problem – status quo judicial decisions continue this practice  
Horton 11
Laura, Doctor of Jurisprudence Candidate 2012, Golden Gate University School of Law, FUTURE FORCE SUSTAINABILITY: DEPARTMENT OF DEFENSE AND ENERGY EFFICIENCY IN A CHANGING CLIMATE, 2011 Golden Gate University Golden Gate University Environmental Law Journal Spring, 2011, L/N

The DOD has been shielded from full accountability for its environmental offenses due to numerous
AND
actually achieves a particular goal like pollution control as efficiently as mandatory regulations.

The status quo shift to renewable energy will fail – self imposed standards results in “greenwashing” which prevents a global shift to renewables
Horton 11
Laura, Doctor of Jurisprudence Candidate 2012, Golden Gate University School of Law, FUTURE FORCE SUSTAINABILITY: DEPARTMENT OF DEFENSE AND ENERGY EFFICIENCY IN A CHANGING CLIMATE, 2011 Golden Gate University Golden Gate University Environmental Law Journal Spring, 2011, L/N

Immediately following the events of September 11, the political climate was not conducive to
AND
to lead alternative-energy development in the United States and the world.

U.S. leadership on the broader green tech transition is critical to solve warming and solves great power competition
Klarevas 9 –Louis Klarevas, Professor for Center for Global Affairs @ New York University, 12/15, “Securing American Primacy While Tackling Climate Change: Toward a National Strategy of Greengemony,” http://www.huffingtonpost.com/louis-klarevas/securing-american-primacy_b_393223.html
As national leaders from around the world are gathering in Copenhagen, Denmark, to
AND
. needs to become green energy dominant as opposed to black energy independent.

Great power competition causes war
Khalilzad 11
Zalmay Khalilzad, United States ambassador to Afghanistan, Iraq, and the United Nations during the presidency of George W. Bush and the director of policy planning at the Defense Department from 1990 to 1992. 2/8/11, http://www.nationalreview.com/articles/259024/economy-and-national-security-zalmay-khalilzad

We face this domestic challenge while other major powers are experiencing rapid economic growth.
AND
the United States is the most significant barrier facing Chinese hegemony and aggression.

Courts model the plan and rule in favor of environmental citizen’s suits – forces US emissions reductions
Guarino 11 -- Exec Editor @ Boston College Enviro Affairs Law Review, Edwards Wildman Palmer LLP Associate (Katherine A., 2011, "NOTE: THE POWER OF ONE: CITIZEN SUITS IN THE FIGHT AGAINST GLOBAL WARMING," 38 B.C. Envtl. Aff. L. Rev. 125, L/N)

IV. COMER V. MURPHY OIL USA: A TEST CASE FOR FUTURE GLOBAL
AND
choose the role they will play in defending the Earth from global warming.

Climate litigation helps spur action to solve warming
Cutting and Cahoon 8 – Professor of Environmental Studies @ UNC Wilmington and Professor of Biology and Marine Biology @ UNC Wilmington Robert H. Cutting and Lawrence B. Cahoon, “"The 'Gift' that Keeps on Giving: Global Warming Meets the Common Law," Vermont Journal of Environmental Law, 10 VJEL 109, 2008, Volume 10 

B. Litigation Much of the litigation of the past few years focused on federal
AND
to develop their own creative solutions to the problems associated with GHG emissions.

US judiciary causes international modeling of effective climate policies – causes global adaptation – independently solves soft power
Long 8 – Professor of Law @ Florida Coastal School of Law Andrew Long, “International Consensus and U.S. Climate Change Litigation,” 33 Wm. and Mary Envtl. L. and Pol'y Rev. 177, Volume 33 | Issue 1 Article 4 (2008)

1. Enhancing U.S. International Leadership In a time of unfavorable global
   AND
   the Court's analysis from traditional, dualist moorings. Pg. 212-216

Soft power and institutions solve global crises
Ikenberry 11 (G. John Ikenberry – Professor of Politics and International Affairs at Princeton University , Liberal Leviathan: The Origins, Crisis, and Transformation of the American World Order, 2011)
Rather than a single overriding threat, the United States and other countries face a
AND
along a wide and shifting spectrum of possibilities. Pg. 350-353
Newest and BEST studies show that warming is real and anthropogenic
Muller 12 (Richard A., professor of physics at the University of California, Berkeley, and a former MacArthur Foundation fellow, “The Conversion of a Climate-Change Skeptic,” 7-28-12, http://www.nytimes.com/2012/07/30/opinion/the-conversion-of-a-climate-change-skeptic.html?_r=2andpagewanted=all) 

CALL me a converted skeptic. Three years ago I identified problems in previous climate
AND
satellite measurements that solar activity changes the brightness of the sun very little.

Not inevitable – it’s immediately reversible and there is no time lag
Desjardins 13 – member of Concordia university Media Relations Department, academic writer, citing Damon Matthews; associate professor of the Department of Geography, Planning and Environment at Concordia University, PhD, Member of the Global Environmental and Climate Change Center
(Cléa, “Global Warming: Irreversible but Not Inevitable,” http://www.concordia.ca/now/what-we-do/research/20130402/global-warming-irreversible-but-not-inevitable.php)

Carbon dioxide emission cuts will immediately affect the rate of future global warming Concordia and
AND
mitigation challenge, clarifying these points of hope is critical to motivate change.”

Warming is an existential threat
Mazo 10 (Jeffrey Mazo –  PhD in Paleoclimatology from UCLA, Managing Editor, Survival and Research Fellow for Environmental Security and Science Policy at the International Institute for Strategic Studies in London, 3-2010, “Climate Conflict: How global warming threatens security and what to do about it,” pg. 122)
The best estimates for global warming to the end of the century range from 2
AND
adaptation to these extremes would mean profound social, cultural and political changes.

Risks human extinction
Flournoy 12 – Citing Feng Hsu, PhdD NASA Scientist @ the Goddard Space Flight Center, Don Flournoy, PhD and MA from UT, former Dean of the University College @ Ohio University, former Associate Dean at SUNY and Case Institute of Technology, Former Manager for Unviersity/Industry Experiments for the NASA ACTS Satellite, currently Professor of Telecommunications @ Scripps College of Communications, Ohio University, “Solar Power Satellites,” January 2012, Springer Briefs in Space Development, p. 10-11
In the Online Journal of Space Communication , Dr. Feng Hsu, a  NASA
AND
simply too high for us to take any chances” (Hsu 2010 ) 

Adaptation of legal regimes to deal with climate is critical to adaptation – prevents worst impacts of warming
Craig 10 – Professor of Law and Associate Dean for Environmental Programs @ Florida State University Robin Kundis Craig, “'Stationarity is Dead' - Long Live Transformation: Five Principles for Climate Change Adaptation,” Harvard Environmental Law Review, Vol. 34, No. 1, 2010, pp. 9-75

Climate change is creating positive feedback loops that may irreversibly push ecosystems over ecological thresholds
AND
ecosystems cope with the changes that are coming. Pg. 13-16

Bioterror

Contention 3 is Bioterror

The Court maintains environmental deference through a  “national security” exemption to NEPA – court action key to reverse it
Donovan 11 (Emily Donovan, J.D., 2010, Albany Law School, Albany, New York, “Deferring to the Assertion of National Security: The Creation of a National Security Exemption Under the National Environmental Policy Act of 1969,” Winter 2011, West Northwest Journal of Environmental Law and Policy, 17 Hastings W.-N.W. J. Env. L. and Pol'y 3)

Furthermore, it is the Court's responsibility to ensure that the Executive is abiding by
AND
in order to refrain from creating an exemption which Congress did not intend.

National security exemptions gut enforcement and signals court apathy
Krueger 9 (William, J.D., University of North Carolina School of Law, Legal Aid of North Carolina, Department of Environment and Natural Resources, North Carolina Journal Of Law andTechnology Volume 10,Issue 2: Spring 2009 “In The Navy: The Future Strength Of Preliminary Injunctions Under NEPA In Light Of NRDC v. Winter”)

Since the 1970s, many laws have been passed with the overarching goal of protecting
AND
“fostering precious resource preservation” will be thwarted.28

It causes biodefense contractors to overlook safety – leads to accidental spread
Taylor 12 (David Chase Taylor, Degrees from San Diego State University, PhD Student at the University of Lugano, Switzerland, The Bio-Terror Bible, Part 3, p. 25) 

Southern Research Institute, the military biodefense contractor recently in the news for sending live
AND
knowledge poses a greater threat than the problem we are trying to solve."

Addressing the court generated “National Security” exemption to NEPA is crucial to bio-weapons lab safety
Miles 8 (Loulena Miles, Associate at Adams Broadwell Joseph and Cardozo, Degrees from University of California at Santa Cruz, “Final Site-Wide Environmental Impact Statement for Continued Operation of Los Alamos National Laboratory, Los Alamos, New Mexico: Comment on the SWEIS,”  http://energy.gov/sites/prod/files/EIS-0380-FEIS-03-2-2008.pdf) 

NEPA has the twin aims of obligating a federal agency to consider environmental impacts before
AND
may choose to collocate their advance biodefense research inside their nuclear weapons facilities.

Use is likely
Wheelis 13 (Dr. Mark Wheelis, Chair, Scientists Working Group on Biological and Chemical Weapons, “Biological and Chemical Weapons,” The Center for Arms Control and Non-Proliferation, Issues, 2013, http://armscontrolcenter.org/issues/biochem/) 

At the same time, however, the dramatic growth in biodefense research has some
AND
state compliance with the ban on biological weapons is critical for preventing bioterrorism.

Engineered pathogens cause extinction
Sandberg et al 8—Research Fellow at the Future of Humanity Institute at Oxford University. PhD in computation neuroscience, Stockholm—AND—Jason G. Matheny—PhD candidate in Health Policy and Management at Johns Hopkins. special consultant to the Center for Biosecurity at the University of Pittsburgh—AND—Milan M. ?irkovi?—senior research associate at the Astronomical Observatory of Belgrade. Assistant professor of physics at the University of Novi Sad. (Anders, How can we reduce the risk of human extinction?, 9 September 2008, http://www.thebulletin.org/web-edition/features/how-can-we-reduce-the-risk-of-human-extinction)

The risks from anthropogenic hazards appear at present larger than those from natural ones.
AND
may increase as biotechnologies continue to improve at a rate rivaling Moore's Law.

Regulated lab safety key to prevent accidental release of a super-bug – causes extinction
Wilson 13 (Grant Wilson, Deputy Director, Global Catastrophic Risk Institute. J.D. from Lewis and Clark Law School, “Minimizing Global Catastrophic and Existential Risks from Emerging Technologies through International Law,” Virginia Environmental Law Journal, 31 Va. Envtl. L.J. 307, 2013) 

i. Risk of an accident The accidental release of a bioengineered microorganism during legitimate
AND
would be unpredictable but potentially extremely deadly to humans and/or animals.
*ER = Existential Risk

Tournament: GSU | Round: 1 | Opponent: Michigan BJ | Judge: Oliver Brass
Plan
The United States Federal Judiciary should substantially increase environmental restrictions on the President of the United States’ authority to introduce armed forces into hostilities. 

Contention 1: Environmental Destruction

The DOD is the largest polluter globally – exemptions prevent compliance
ET 10 (EarthTalk, “U.S. Military – The World's Largest Polluter” – Political Affairs, 11/1, http://www.politicalaffairs.net/u-s-military-the-world-s-largest-polluter/)
As the world’s largest polluter, the U.S. military has its work
AND
large geothermal energy plants and funding research into extracting energy from ocean waves.

Environmental damage from armed conflict will increase – collateral damage and low-tech weaponry
Parsons 98 (Rymn James – Lieutenant Commander, JAGC, U.S. Navy. Staff Judge Advocate to Commander, “The Fight to Save the Planet: U.S. Armed Forces, "Greenkeeping," and Enforcement of the Law Pertaining to Environmental Protection During Armed Conflict”, 1998, 10 Geo. Int'l Envtl. L. Rev. 441, lexis)
Environmental damage occurs with any adverse, incremental change in the existing status of the
AND
despite advancing military technologies that promise a lessening of adverse environmental impact. n153

Warfare techniques cause irreversible environmental destruction that has a ripple effect globally – invisible threshold now
Cohan 3 (John Alan – J.D., Loyola Law School, “MODES OF WARFARE AND EVOLVING STANDARDS OF ENVIRONMENTAL PROTECTION UNDER THE INTERNATIONAL LAW OF WAR”, 2003, 15 Fla. J. Int'l L. 481, lexis)
A further problem is that predictions of the extent of damage to an environment are
AND
norms in opposition to military activities that cause direct or indirect environmental harm.

Biodiversity is key to a variety of human services
Coyne and Hoekstra 7 – * Professor at the University of Chicago in the Department of Ecology and Evolution, wrote over 100 scholarly papers and a scholarly book, Speciation AND professor of biology in the Department of Organismic and Evolutionary Biology at Harvard University (Jerry and Hopi, 9/24/07, “The Greatest Dying,” http://www.truthout.org/article/jerry-coyne-and-hopi-e-hoekstra-the-greatest-dying)

We are relentlessly taking over the planet, laying it to waste and eliminating most
AND
just another Great Dying, but perhaps the greatest dying of them all.

Rulings during hostilities are key – allows for binding environmental statutes
Dorfman 4 (Bridget – J.D. Candidate, 2004, University of Pennsylvania Law School, “PERMISSION TO POLLUTE: THE UNITED STATES MILITARY, ENVIRONMENTAL DAMAGE, AND CITIZENS' CONSTITUTIONAL CLAIMS”, 2004, 6 U. Pa. J. Const. L. 604, lexis)
The United States military establishment is a significant polluter of the air, land,
AND
year for further exemptions from the RCRA, CERCLA, and CAA. n29

Specifically with overseas installations
Carlson 2k (Commander Margaret – JAGC, U.S. Navy (B.A. Villanova University 1983, J.D., Marshall- Wythe School of Law at the College of William and Mary, “Environmental Diplomacy: Analyzing Why the U.S. Navy Still Falls Short Overseas”, 47 Naval L. Rev. 62, lexis)
Arguably, this new view toward environmental protection serves DoD and DON well and brings
AND
a matter of policy rather than mandated as a matter of law. n18

Environmental discontent fuels anti-basing movements globally – collapses counter-terror and  Iran and China containment
Scoville 6 (Ryan M. – Stanford Law School, “A Sociological Approach to the Negotiation of Military Base Agreements” 2006, 14 U. Miami Int'l and Comp. L. Rev. 1, lexis)
Over the past half century, the United States has relied on its overseas military
AND
and by helping to identify proactively local populations that will most require appeasement.

Containing Iran solves nuclear war
London 10 (Herbert – President Emeritus of Hudson Institute and Professor Emeritus of New York University, The Coming Crisis in the Middle East, Family Security Matters, 6/23,  http://www.hudson.org/index.cfm?fuseaction=publication_detailsandid=7101andpubType=HI_Opeds)
The gathering storm in the Middle East is gaining momentum. War clouds are on
AND
is not sustainable and one the Iranian leadership looks to with imperial exhilaration.

Chinese containment prevents Asian arms races
Mauro 7 (Ryan – geopolitical analyst for Tactical Defense Concepts and for the Northeast Intelligence Network, founder of WorldThreats.com, national security advisor to the Christian Action Network, and an intelligence analyst with the Asymmetrical Warfare and Intelligence Center (AWIC), “The Consequences of Withdrawal from Iraq”, 5/7, http://www.worldthreats.com/?p=27)
Consequences in Asia American forces would be less able to block the shipment of drugs
AND
North Korea, South Korea, Japan, and possibly Taiwan and Australia.

Causes nuclear war
Cimbala 10 - Prof. of Political Science @ Penn State, (Stephen, Nuclear Weapons and Cooperative Security in the 21st Century, p. 117-8)

Failure to contain proliferation in Pyongyang could spread nuclear fever throughout Asia.  Japan and
AND
forestall attack as offensive preparations for attack, thus triggering a mistaken preemption.

Plan solves – it’s a sign of goodwill and trust*
Weyand 12 (Matt –Executive Online Editor, Indiana Journal of Global Legal Studies, “Department of Defense, Inc.: The DoD's Use of Corporate Strategies to Manage U.S. Overseas Military Bases”, 2012, 19 Ind. J. Global Leg. Stud. 391, lexis)

The United States also is able to usually avoid costs by contracting out of liability
AND
at the very least, a record of cleaning up after itself. n145
2

Contention 2 is Citizen Suits 

Court environmental restrictions on executive war powers authority spur citizen suits for noncompliance
Donovan 11 (Emily Donovan, J.D., 2010, Albany Law School, Albany, New York, “Deferring to the Assertion of National Security: The Creation of a National Security Exemption Under the National Environmental Policy Act of 1969,” Winter 2011, West Northwest Journal of Environmental Law and Policy, 17 Hastings W.-N.W. J. Env. L. and Pol'y 3)

Furthermore, it is the Court's responsibility to ensure that the Executive is abiding by
AND
in order to refrain from creating an exemption which Congress did not intend.

Granting injunctive relief in war powers halts non-compliance with environmental regulations, validates citizen enforcement efforts
London 09 Ian K. J.D. Candidate, 2011, Denver University Law Review, Winter v. National Resources Defense Council: Enabling the Military's Ongoing Rollback of Environmental Legislation, 2009, L/N

Finally, the Winter Court's willingness to defer to the Navy's judgment and to allow
AND
to slow this trend, and prevent the military's rollback of environmental legislation.

Supreme court action is key – sends a clear message that supports citizen suits
Taylor 13
Archita, J.D., Seattle University School of Law, Lead Article Editor on the Seattle Journal of Environmental Law. Adopting the Principle of Equitable Relief in Clean Water Act Challenges, 5/13/13, http://www.sjel.org/vol3/adopting-the-principle-of-equitable-relief-in-cwa-challenges

As with all other issues of law that are unsettled, Supreme Court review of
AND
a priority and will continue to be a priority proceeding into the future.

Warming suits rest on shaky ground – standing and political questions key
Guarino 11 -- Exec Editor @ Boston College Enviro Affairs Law Review, Edwards Wildman Palmer LLP Associate (Katherine A., 2011, "NOTE: THE POWER OF ONE: CITIZEN SUITS IN THE FIGHT AGAINST GLOBAL WARMING," 38 B.C. Envtl. Aff. L. Rev. 125, L/N)

I. THE JUSTICIABILITY AND STANDING BARRIERS Since their inception, global warming suits have
AND
claims against greenhouse-gas-emitting companies for global warming injuries. n115

Courts model the plan and rule in favor of environmental citizen’s suits – forces US emissions reductions
Guarino 11 -- Exec Editor @ Boston College Enviro Affairs Law Review, Edwards Wildman Palmer LLP Associate (Katherine A., 2011, "NOTE: THE POWER OF ONE: CITIZEN SUITS IN THE FIGHT AGAINST GLOBAL WARMING," 38 B.C. Envtl. Aff. L. Rev. 125, L/N)

IV. COMER V. MURPHY OIL USA: A TEST CASE FOR FUTURE GLOBAL
AND
choose the role they will play in defending the Earth from global warming.

Climate litigation helps spur action to solve warming
Cutting and Cahoon 8 – Professor of Environmental Studies @ UNC Wilmington and Professor of Biology and Marine Biology @ UNC Wilmington Robert H. Cutting and Lawrence B. Cahoon, “"The 'Gift' that Keeps on Giving: Global Warming Meets the Common Law," Vermont Journal of Environmental Law, 10 VJEL 109, 2008, Volume 10 

B. Litigation Much of the litigation of the past few years focused on federal
AND
to develop their own creative solutions to the problems associated with GHG emissions.

US judiciary causes international modeling of effective climate policies – causes global adaptation – independently solves environmental leadership and soft power
Long 8 – Professor of Law @ Florida Coastal School of Law Andrew Long, “International Consensus and U.S. Climate Change Litigation,” 33 Wm. and Mary Envtl. L. and Pol'y Rev. 177, Volume 33 | Issue 1 Article 4 (2008)

1. Enhancing U.S. International Leadership In a time of unfavorable global
   AND
   the Court's analysis from traditional, dualist moorings. Pg. 212-216

Newest and BEST studies show that warming is real and anthropogenic
Muller 12 (Richard A., professor of physics at the University of California, Berkeley, and a former MacArthur Foundation fellow, “The Conversion of a Climate-Change Skeptic,” 7-28-12, http://www.nytimes.com/2012/07/30/opinion/the-conversion-of-a-climate-change-skeptic.html?_r=2andpagewanted=all) 

CALL me a converted skeptic. Three years ago I identified problems in previous climate
AND
satellite measurements that solar activity changes the brightness of the sun very little.

US climate leadership spurs international action – solves extinction
Khosla 9 – President of the International Union for the Conservation of Nature (Ashok, 1/29/09, “A new President for the United States: We have a dream,” http://www.iucn.org/knowledge/news/opinion/?2595/new-President-for-the-United-States-We-have-a-dream)

A rejuvenated America, with a renewed purpose, commitment and energy to make its
AND
pollutants from our wasteful industries, construction, agriculture and transport systems. 

Warming causes extinction
Mazo 10 (Jeffrey Mazo –  PhD in Paleoclimatology from UCLA, Managing Editor, Survival and Research Fellow for Environmental Security and Science Policy at the International Institute for Strategic Studies in London, 3-2010, “Climate Conflict: How global warming threatens security and what to do about it,” pg. 122)
The best estimates for global warming to the end of the century range from 2
AND
adaptation to these extremes would mean profound social, cultural and political changes.

Soft power facilitates institutions – solves global problems
Ikenberry 11 (G. John Ikenberry – Professor of Politics and International Affairs at Princeton University , Liberal Leviathan: The Origins, Crisis, and Transformation of the American World Order, 2011)

Rather than a single overriding threat, the United States and other countries face a
AND
along a wide and shifting spectrum of possibilities. Pg. 350-353

Tournament: Bulldogdebates | Round: 9 | Opponent: James Madison Bosley-Miller | Judge: Bagwell, Hagwood, Ryan
Plan

Plan: The United States federal judiciary should substantially increase National Environmental Policy Act restrictions on the President’s authority to introduce Armed Forces into hostilities.

The Contention is Warming!

Wartime environmental destruction causes extinction – U.S. is key
Nevins 10
Joey, associate professor of geography at Vassar College, Greenwashing the Pentagon, 6/14/10, https://www.commondreams.org/view/2010/06/14-1

As oil continues to gush into the Gulf of Mexico, just one of many
AND
ever, humanity—and Mother Earth—can no long afford them.

Warming suits rest on shaky ground – standing and political questions key
Guarino 11 -- Exec Editor @ Boston College Enviro Affairs Law Review, Edwards Wildman Palmer LLP Associate (Katherine A., 2011, "NOTE: THE POWER OF ONE: CITIZEN SUITS IN THE FIGHT AGAINST GLOBAL WARMING," 38 B.C. Envtl. Aff. L. Rev. 125, L/N)

I. THE JUSTICIABILITY AND STANDING BARRIERS Since their inception, global warming suits have
AND
claims against greenhouse-gas-emitting companies for global warming injuries. n115

Courts are too deferential now – that undermines environmental statutes and creates precedent of military before environment
Lightbody 9
(Lisa – J.D. Candidate, Harvard Law School, “Case Comment: WINTER V. NATURAL RESOURCES DEFENSE COUNCIL, INC.”, 2009, 33 Harv. Envtl. L. Rev. 593, lexis)

B. Policy-Driven Balance of Harms Despite chastising the lower courts for summarily
AND
claim a military emergency to avoid procedural obligations under environmental statutes will grow.

NEPA exemption collapses environmental litigation across the board
Narodick 9
J.D. Candidate, Boston University School of Law, 2010 (Benjamin I., 2009, "LEGAL UPDATE: WINTER V. NATIONAL RESOURCES DEFENSE COUNCIL: GOING INTO THE BELLY OF THE WHALE OF PRELIMINARY INJUNCTIONS AND ENVIRONMENTAL LAW," 15 B.U. J. SCI. and TECH. L. 332, L/N)

The assessment of the public interest in Winter is also very troublesome for future environmental
AND
has proven not to be a fluke in the course of American jurisprudence.

The status quo shift to renewable energy will fail – self imposed standards results in “greenwashing” which prevents a global shift to renewables
Horton 11
Laura, Doctor of Jurisprudence Candidate 2012, Golden Gate University School of Law, FUTURE FORCE SUSTAINABILITY: DEPARTMENT OF DEFENSE AND ENERGY EFFICIENCY IN A CHANGING CLIMATE, 2011 Golden Gate University Golden Gate University Environmental Law Journal Spring, 2011, L/N

Immediately following the events of September 11, the political climate was not conducive to
AND
to lead alternative-energy development in the United States and the world.
Courts model the plan and rule in favor of environmental citizen’s suits – 

forces US emissions reductions
Guarino 11 -- Exec Editor @ Boston College Enviro Affairs Law Review, Edwards Wildman Palmer LLP Associate (Katherine A., 2011, "NOTE: THE POWER OF ONE: CITIZEN SUITS IN THE FIGHT AGAINST GLOBAL WARMING," 38 B.C. Envtl. Aff. L. Rev. 125, L/N)

IV. COMER V. MURPHY OIL USA: A TEST CASE FOR FUTURE GLOBAL
AND
choose the role they will play in defending the Earth from global warming.
Climate litigation helps spur action to solve warming
Cutting and Cahoon 8 – Professor of Environmental Studies @ UNC Wilmington and Professor of Biology and Marine Biology @ UNC Wilmington Robert H. Cutting and Lawrence B. Cahoon, “"The 'Gift' that Keeps on Giving: Global Warming Meets the Common Law," Vermont Journal of Environmental Law, 10 VJEL 109, 2008, Volume 10 

B. Litigation Much of the litigation of the past few years focused on federal
AND
to develop their own creative solutions to the problems associated with GHG emissions.

US judiciary causes international modeling of effective climate policies – causes global adaptation – independently solves environmental leadership and soft power
Long 8 – Professor of Law @ Florida Coastal School of Law Andrew Long, “International Consensus and U.S. Climate Change Litigation,” 33 Wm. and Mary Envtl. L. and Pol'y Rev. 177, Volume 33 | Issue 1 Article 4 (2008)

1. Enhancing U.S. International Leadership In a time of unfavorable global
   AND
   the Court's analysis from traditional, dualist moorings. Pg. 212-216

Newest and BEST studies show that warming is real and anthropogenic
Muller 12 (Richard A., professor of physics at the University of California, Berkeley, and a former MacArthur Foundation fellow, “The Conversion of a Climate-Change Skeptic,” 7-28-12, http://www.nytimes.com/2012/07/30/opinion/the-conversion-of-a-climate-change-skeptic.html?_r=2andpagewanted=all) 

CALL me a converted skeptic. Three years ago I identified problems in previous climate
AND
satellite measurements that solar activity changes the brightness of the sun very little.

Adaptation of legal regimes to deal with climate is critical to adaptation – prevents worst impacts of warming
Craig 10 – Professor of Law and Associate Dean for Environmental Programs @ Florida State University Robin Kundis Craig, “'Stationarity is Dead' - Long Live Transformation: Five Principles for Climate Change Adaptation,” Harvard Environmental Law Review, Vol. 34, No. 1, 2010, pp. 9-75

Climate change is creating positive feedback loops that may irreversibly push ecosystems over ecological thresholds
AND
ecosystems cope with the changes that are coming. Pg. 13-16

Warming is an existential threat
Mazo 10 (Jeffrey Mazo –  PhD in Paleoclimatology from UCLA, Managing Editor, Survival and Research Fellow for Environmental Security and Science Policy at the International Institute for Strategic Studies in London, 3-2010, “Climate Conflict: How global warming threatens security and what to do about it,” pg. 122)
The best estimates for global warming to the end of the century range from 2
AND
adaptation to these extremes would mean profound social, cultural and political changes.

Risks human extinction
Flournoy 12 – Citing Feng Hsu, PhdD NASA Scientist @ the Goddard Space Flight Center, Don Flournoy, PhD and MA from UT, former Dean of the University College @ Ohio University, former Associate Dean at SUNY and Case Institute of Technology, Former Manager for Unviersity/Industry Experiments for the NASA ACTS Satellite, currently Professor of Telecommunications @ Scripps College of Communications, Ohio University, “Solar Power Satellites,” January 2012, Springer Briefs in Space Development, p. 10-11
In the Online Journal of Space Communication , Dr. Feng Hsu, a  NASA
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simply too high for us to take any chances” (Hsu 2010 ) 

At the very least it causes mass starvation
Strom 7 (Robert, University of Arizona planetary science emeritus professor, studied climate change for 15 years, the former Director of the Space Imagery Center at NASA Regional Planetary Image Facility, “Hot House”, SpringerLink, p.211-216)
The future consequences of global warming are the least known aspect of the problem.
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Russia, and to the coast of South Africa along the Indian Ocean. 

Warming locks in global suffering – voting Aff is the only ethical position
Cerutti 7 (Furio, Professor of Political Philosophy – University of Florence, Global Challenges for Leviathan: A Political Philosophy of Nuclear Weapons and Global Warming, p. 112-113)
In ethical terms the inertia phenomenon burdens on us a still greater responsibility towards future
AND
, cheap skepticism on present knowledge versus reasonable preoccupation with it is another." 

Our judicial precedent paves the way for global adaptation
Abate 10 - Professor of Law @ Florida A and M University Randall S. Abate, “Public Nuisance Suits for the Climate Justice Movement: The Right Thing and the Right Time, Washington Law Review, Vol. 85 Iss. 197

B. Incorporating Climate Justice Principles into the Post-Kyoto Regime As Kivalina-
AND
entities that are principally responsible for those harms. Pg. 247-252

Not inevitable – it’s immediately reversible and there is no time lag
Desjardins 13 – member of Concordia university Media Relations Department, academic writer, citing Damon Matthews; associate professor of the Department of Geography, Planning and Environment at Concordia University, PhD, Member of the Global Environmental and Climate Change Center
(Cléa, “Global Warming: Irreversible but Not Inevitable,” http://www.concordia.ca/now/what-we-do/research/20130402/global-warming-irreversible-but-not-inevitable.php)

Carbon dioxide emission cuts will immediately affect the rate of future global warming Concordia and
AND
mitigation challenge, clarifying these points of hope is critical to motivate change.”

Catastrophic warming reps are good—it’s the only way to motivate response—their empirics are attributable to climate denialism
Romm 12 (Joe Romm is a Fellow at American Progress and is the editor of Climate Progress, which New York Times columnist Tom Friedman called "the indispensable blog" and Time magazine named one of the 25 “Best Blogs of 2010.? In 2009, Rolling Stone put Romm #88 on its list of 100 “people who are reinventing America.” Time named him a “Hero of the Environment? and “The Web’s most influential climate-change blogger.” Romm was acting assistant secretary of energy for energy efficiency and renewable energy in 1997, where he oversaw $1 billion in RandD, demonstration, and deployment of low-carbon technology. He is a Senior Fellow at American Progress and holds a Ph.D. in physics from MIT., 2/26/2012, “Apocalypse Not: The Oscars, The Media And The Myth of ‘Constant Repetition of Doomsday Messages’ on Climate”, http://thinkprogress.org/romm/2012/02/26/432546/apocalypse-not-oscars-media-myth-of-repetition-of-doomsday-messages-on-climate/#more-432546)
The two greatest myths about global warming communications are 1) constant repetition of doomsday
AND
by most of the rest of the media, intelligentsia and popular culture.

Securitizing the environment is good – builds public awareness to solve
Matthew 2, Richard A, associate professor of international relations and environmental political at the University of California at Irvine, Summer (ECSP Report 8:109-124)
In addition, environmental security's language and findings can benefit conservation and sustainable development."
AND
and to build on the remarkable achievements of the entire environmental security field.

Simulated national security law debates preserve agency, enables activism, enhances decision-making, and avoids cooption – only legal deliberative action solves
Donohue 13 (Laura K. Donohue, Associate Professor of Law, Georgetown Law, 4/11, “National Security Law Pedagogy and the Role of Simulations”, http://jnslp.com/wp-content/uploads/2013/04/National-Security-Law-Pedagogy-and-the-Role-of-Simulations.pdf)
The concept of simulations as an aspect of higher education, or in the law
AND
undoubtedly necessary, it suggests one potential direction for the years to come.

Simulation allows us to influence state policy AND is key to agency
Eijkman 12
The role of simulations in the authentic learning for national security policy development: Implications for Practice / Dr. Henk Simon Eijkman. electronic resource http://nsc.anu.edu.au/test/documents/Sims_in_authentic_learning_report.pdf. Dr Henk Eijkman is currently an independent consultant as well as visiting fellow at the University of New South Wales at the Australian Defence Force Academy and is Visiting Professor of Academic Development, Annasaheb Dange College of Engineering and Technology in India. As a sociologist he developed an active interest in tertiary learning and teaching with a focus on socially inclusive innovation and culture change. He has taught at various institutions in the social sciences and his work as an adult learning specialist has taken him to South Africa, Malaysia, Palestine, and India. He publishes widely in international journals, serves on Conference Committees and editorial boards of edited books and international journal

However, whether as an approach to learning, innovation, persuasion or culture shift
AND
contains a detailed description, in table format, of the synopsis below.

We are not science, we use science – our method is the same one everyone inevitably uses on a day-to-day basis, just more rigorous
Jean Bricmont 1, professor of theoretical physics at the University of Louvain, “Defense of a Modest Scientific Realism”, September 23, http://www.physics.nyu.edu/faculty/sokal/bielefeld_final.pdf
So, how does one obtain evidence concerning the truth or falsity of scientific assertions
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between the alternative theories if indeed they should be regarded as different theories.

Switch-side debate inculcates skills that empirically improve climate policy outcomes
Mitchell 10
 Gordon R. Mitchell is Associate Professor and Director of Graduate Studies in the Department
of Communication at the University of Pittsburgh, where he also directs the William Pitt Debating
Union. Robert Asen’s patient and thoughtful feedback sharpened this manuscript, which was also
improved by contributions from members of the Schenley Park Debate Authors Working Group
(DAWG), a consortium of public argument scholars at the University of Pittsburgh that strives
to generate rigorous scholarship addressing the role of argumentation and debate in society.  SWITCH-SIDE DEBATING MEETS DEMAND-DRIVEN RHETORIC OF SCIENCE.  MITCHELL, GORDON R.1 Rhetoric and Public Affairs; Spring2010, Vol. 13 Issue 1, p95-120, 26p 

 The watchwords for the intelligence community’s debating initiative— collaboration, critical thinking,
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challenge involves finding meaning in inverted rhetorical situations characterized by an endemic surplus of

Tournament: Ndt | Round: 2 | Opponent: Oklahoma Lee-Campbell | Judge: Garner, Munoz, Olney

1AC

===="Before the drone strikes started, my life was very good. I used to go to school and I used to be quite busy with that, but after the drone strikes, I stopped going to school now. I was happy because I thought I would become a doctor. … Before ~the strike~, my life was normal and very good because I could go anywhere and do anything. But now I am not able to do that because I have to stay inside. . . . Sometimes I have really bad headaches. . . . ~and~ if I walk too much ~on my prosthetic legs~, my legs hurt a lot. ~Drones have~ drastically affected life ~in our area~."====

Sadullah Wazir, teenager and former student from North Waziristan

Stanford International Human Rights and Conflict Resolution Clinic (IHRCRC) and Global Justice Clinic (GJC) at NYU School of Law 2012 ~February, Living Under Drones, "Victim Stories" http://www.livingunderdrones.org/victim-stories/~~====

Let me begin by saying I do not know Sadullah – nor do I know anyone directly affected by drones, targeted killing, or indefinite detention.

This is because I speak from a position of privilege – my personal privilege is what allows me to come to this debate space, to travel here to have this debate, to attend UGA – all of these environments, similar to the privileged environments I grew up in, have shaped my experiences and patterns of thought.

While we are privileged, we wish to use our position within this debate space to deconstruct exactly what allows the United States to target Sabdullah and other dark-skinned groups categorized as "Muslim.".

Drones are expanding globally, killing thousands of innocent civilians – failure to question causes a permanent, escalating use

Kebriaei 12 — Senior Attorney, Center for Constitutional Rights; lead counsel for CCR in Al-Aulaqi v. Panetta (Pardiss, Fall 2012, "POLICY ESSAY: The Distance Between Principle and Practice in the Obama Administration’s Targeted Killing Program: A Response to Jeh Johnson," 31 Yale L. 26 Pol’y Rev. 151, L/N)

Introduction On December 17, 2009, a U.S. cruise missile struck
AND
some scholars have warned, drones create the potential for perpetual asymmetric war.

Targeted killing is a throwback to Vietnam – death metrics and precise tech seduce the public into going along willingly

McCrisken 13 — Associate Professor in Politics and International Studies at the University of Warwick, and Chair of the British American Security Information Council, an independent organisation focused on encouraging sustainable transatlantic security policies (Trevor, 4/3/2013, "Obama’s Drone War," Survival: Global Politics and Strategy 55(2), EBSCO)

Washington’s growing reliance on targeted killing suggests that the success of its counter-terrorism
AND
risk of the campaign against terrorism becoming a perpetual war is ever greater.

However this is not unique to drones – US indefinite detention represents the continuation of the imperial legacy

Van Bergen 6 — Adjunct Faculty at Santa Fe Community College (Jennifer, 2006, "The Dangerous World of Indefinite Detentions: Vietnam to Abu Ghraib," Case Western Reserve Journal of International Law, 37(2/3), Galileo)

Although Vietnam may be and often is seen as a shameful episode in our history
AND
~simply~ because they are responsible for enforcing the laws."(FN288)

These indefinite detentions are based on racial fear – perpetuates unequal systems of power

Roberts 7 — Associate Professor of Philosophy at East Carolina University (Rodney C., Oct 2007, "The American Value of Fear and the Indefinite Detention of Terrorist Suspects," Public Affairs Quarterly 21(4), JSTOR)

In addition to the fear of terrorist attack, the appeal to fear for indefinite
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failure of political leadership - sounds just like our approach to Guantánamo.59

This has created total war – unfortunately, others are only calling for "transparency" and "oversight" of the War on Terror – we must demand rejection to prevent a continuous cycle

Hajjar 13 — chair of the Law and Society Program at the University of California, Santa Barbara (Lisa, 2/13/2013, "State of the Drones," Middle East Research and Information Project, http://www.merip.org/newspaper_opeds/oped021313)

Whether a target actually poses some kind of imminent threat is a matter of facts
AND
end, but not because drones killed all the enemies in the world.

Discussions and criticism of counter-terror are masked by political tactics – makes the public deny we’re at war and we deny casualties and obvious racial targeting – has parallels to police tactics

Toth 13 — recent graduate of the London School of Economics (Kate, 4/27/2013, "REMOTE-CONTROLLED WAR: IMPLICATIONS OF THE DISTANCING OF STATE-SPONSORED VIOLENCE ON AMERICAN DEMOCRACY," http://www.academia.edu/3125323/REMOTE-CONTROLLED_WAR_IMPLICATIONS_OF_THE_DISTANCING_OF_STATE-SPONSORED_VIOLENCE_ON_AMERICAN_DEMOCRACY)

The Obama administration has changed the definition of the "enemy" creating, what
AND
or do not see) as war and how this process is deliberated.

====Counter-terror operations do not exist solely in the Middle East – the United States uses terrorists and criminals to target races at home and abroad – a united challenge is key====
Daulatzai 13 — Associate Professor in the Department of Film and Media Studies and the Program in African American Studies at the University of California, Irvine; Ph.D., University of Southern California, Critical Studies (Sohail, 5/9/2013, "Are we all Muslim now? Assata Shakur and the Terrordome," http://www.aljazeera.com/indepth/opinion/2013/05/20135712155495678.html)

Assata Shakur is now a Muslim. Well, she didn’t actually convert to Islam
AND
organiser, a student activist, a teacher, or maybe even you.

Thus,  and I wish to utilize this debate space to begin a process of critical interrogation of targeted practices of killing and indefinite detention as they exist in domestic and international forms. This should not be recognized as an end-point but a starting point that can help facilitate broader discussions of militarism and imperialism within and outside of this debate space.

Our approach is informed by our personal experiences. Having participated in debate for much of our lives, we feel that it can serve a productive role in helping us to cultivate skills to grapple with problems in our community. Even if we do not experience these forms of oppression, even if most people we know do not, it’s a question of creating pedagogy: even if it’s just our opponents, judges, and coaches, we create dialogues and linkages that allow it to spread more broadly.

Debate is a process not a product – we recognize that the ballot doesn’t present the perfect solution to resolving militarism and imperialism, but we do believe we can contribute something positive to the discussion.

Targeted killing raises deeper questions of how the US conducts and represents war – we must use these spaces to raise moral challenges to their use and sanitized representation

McCrisken 13 — Associate Professor in Politics and International Studies at the University of Warwick, and Chair of the British American Security Information Council, an independent organisation focused on encouraging sustainable transatlantic security policies (Trevor, 4/3/2013, "Obama’s Drone War," Survival: Global Politics and Strategy 55(2), EBSCO)

However, the ease and anonymity with which drone strikes are carried out (or
AND
minimal risk to the attacker arguably create the opportunity of waging perpetual war.

Debates over drones shouldn’t argue over institutional fixes, but should discuss how we can learn from their problems and erase the drone from our political imagination

Rothenberg 13 — professor of practice at the School of Politics and Global Studies, ASU and the Lincoln fellow for Ethics and International Human Rights Law (Daniel, 5/6/2013, "What the Drone Debate Is Really About," from Future Tense, a partnership of Slate, the New America Foundation, and Arizona State University, http://www.slate.com/articles/technology/future_tense/2013/05/drones_in_the_united_states_what_the_debate_is_really_about.html-http://www.slate.com/articles/technology/future_tense/2013/05/drones_in_the_united_states_what_the_debate_is_really_about.html)

The term drone draws attention, elicits passions, and sparks heated discussions. Often
AND
with a respect and acknowledgement for the very real fears of so many.

====Imperialism doesn’t exist solely outside our borders – we must point out continuities between imperial strategies abroad and at home to challenge these circuits of violence====
McClintock 9 (Anne, Professor of English and Women’s and Gender Studies at the University of Wisconsin, "Paranoid Empire: Specters from Guantánamo and Abu Ghraib," Project Muse)

By now it is fair to say that the United States has come to be
AND
vanishes like a disappearing phantom. Those people were a kind of solution. 

Perpetual warfare is sustained through a captive marginalized population – what started as the wars on crime and drugs has now spread to the war on terror

Gordon 6 (Avery Gordon is professor in sociology at the University of California, Santa Barbara, and the author, most recently, of Keeping Good Time: reflections on knowledge, power, and people, "Abu Ghraib: imprisonment and the war on terror" Race Class 2006 48: 42)

War and peace Being or becoming the enemy returns us to the complicated imbrication of
AND
yet it is inconceivable without the abolition of its adjunct, mass imprisonment.

====These structures have become embedded in the American political system – generating a conversation is key to imagine alternate possibilities====
Davis 5 (Angela, Abolition Democracy, p. 68-76)

In your work on prisonsyou have noted that sexual coercion is fun- damental to
AND
to look toward the military as their only avenue of escape from poverty, 

*Marked

homelessness, and lack of opportunities. As it was important during the Vietnam War
AND
up the issues that can never be addressed by prisons in productive ways.

Tournament: Ndt | Round: 3 | Opponent: Baylor Bacon-Boor | Judge: Gannon, Kearney, Phillips

1ac

Plan 

Plan: The United States Federal Judiciary should substantially increase National Environmental Policy Act restrictions on the President’s authority to introduce Armed Forces into hostilities.

1AC – Warming 

Contention 1 is Warming

Warming suits rest on shaky ground – standing and political questions key

Guarino 11
Exec Editor @ Boston College Enviro Affairs Law Review, Edwards Wildman Palmer LLP Associate (Katherine A., 2011, "NOTE: THE POWER OF ONE: CITIZEN SUITS IN THE FIGHT AGAINST GLOBAL WARMING," 38 B.C. Envtl. Aff. L. Rev. 125, L/N)

I. THE JUSTICIABILITY AND STANDING BARRIERS Since their inception, global warming suits have
AND
claims against greenhouse-gas-emitting companies for global warming injuries. n115

Warming agreements are failing in the status quo – U.S. leadership is key to jumpstart negotiations and lead to a grand bargain

Taylor 12
~Lenore, The Age (Melbourne, Australia), Earth summit revisited: is the movement doomed to be an endless talkfest? 6/16/12, l/n~
*Professor Stephen Howes is the Director of the Development Policy Centre at the Australian National University 

The meeting will seek to agree to start talks on a set of "sustainable
AND
talkfests, in part because they require complete consensus to act on anything. 

Court action to undo the harmful judicially created national security exemption in NEPA is crucial to solving global climate change – through transnational legal norms, and credibility in climate negotiations

Gormley 10 (Neil Gormley, J.D., 2009, Harvard Law School, "Standing in the Way of Cooperation: Citizen Standing and Compliance with Environmental Agreements," Summer 2010, West Northwest Journal of Environmental Law 26 Policy, 16 Hastings W.-N.W. J. Env. L. 26 Pol’y 397) 

The Supreme Court’s approach to standing, therefore, raises serious questions about the viability
AND
effective cooperation on the most pressing environmental issues facing humanity will suffer accordingly. 

Courts action key to international agreements – key to international norms and cooperation

Long 8 – Professor of Law @ Florida Coastal School of Law ~Andrew Long, "International Consensus and U.S. Climate Change Litigation," 33 Wm. 26 Mary Envtl. L. 26 Pol’y Rev. 177, Volume 33 | Issue 1 Article 4 (2008)

1. Enhancing U.S. International Leadership In a time of unfavorable global
   AND
   the Court’s analysis from traditional, dualist moorings. Pg. 212-216

Warming causes extinction

Mazo 10 (Jeffrey Mazo –  PhD in Paleoclimatology from UCLA, Managing Editor, Survival and Research Fellow for Environmental Security and Science Policy at the International Institute for Strategic Studies in London, 3-2010, "Climate Conflict: How global warming threatens security and what to do about it," pg. 122)
The best estimates for global warming to the end of the century range from 2
AND
case adaptation to these extremes would mean profound social, cultural and political changes

No adaptation – causes all impacts

Roberts 13—citing the World Bank Review’s compilation of climate studies
David, "If you aren’t alarmed about climate, you aren’t paying attention" ~http://grist.org/climate-energy/climate-alarmism-the-idea-is-surreal/~~ January 10 mtc
We know we’ve raised global average temperatures around 0.8 degrees C so far
AND
, but a world that is inexorably more inhospitable with every passing decade.

Best science proves warming is real and anthropogenic

Muller 12 (Richard A., professor of physics at the University of California, Berkeley, and a former MacArthur Foundation fellow, "The Conversion of a Climate-Change Skeptic," 7-28-12, http://www.nytimes.com/2012/07/30/opinion/the-conversion-of-a-climate-change-skeptic.html?_r=226pagewanted=all-http://www.nytimes.com/2012/07/30/opinion/the-conversion-of-a-climate-change-skeptic.html?_r=226pagewanted=all) 

CALL me a converted skeptic. Three years ago I identified problems in previous climate
AND
satellite measurements that solar activity changes the brightness of the sun very little.

Not inevitable – it’s immediately reversible and there is no time lag

Desjardins 13 – member of Concordia university Media Relations Department, academic writer, citing Damon Matthews; associate professor of the Department of Geography, Planning and Environment at Concordia University, PhD, Member of the Global Environmental and Climate Change Center
(Cléa, "Global Warming: Irreversible but Not Inevitable," http://www.concordia.ca/now/what-we-do/research/20130402/global-warming-irreversible-but-not-inevitable.php)
Carbon dioxide emission cuts will immediately affect the rate of future global warming Concordia and
AND
mitigation challenge, clarifying these points of hope is critical to motivate change."

DOD compliance is perceived as ad hoc and self-interested – Court action is necessary to signal to the market a long-term commitment to energy efficiency

Horton 11 ~Laura, Doctor of Jurisprudence Candidate 2012, Golden Gate University School of Law, FUTURE FORCE SUSTAINABILITY: DEPARTMENT OF DEFENSE AND ENERGY EFFICIENCY IN A CHANGING CLIMATE, 2011 Golden Gate University Golden Gate University Environmental Law Journal Spring, 2011, L/N~

Immediately following the events of September 11, the political climate was not conducive to
AND
to lead alternative-energy development in the United States and the world.
U.S. leadership on the broader green tech transition is critical to solve warming
Klarevas 9 –Louis Klarevas, Professor for Center for Global Affairs @ New York University, 12/15, "Securing American Primacy While Tackling Climate Change: Toward a National Strategy of Greengemony," http://www.huffingtonpost.com/louis-klarevas/securing-american-primacy_b_393223.html
As national leaders from around the world are gathering in Copenhagen, Denmark, to
AND
. needs to become green energy dominant as opposed to black energy independent.
1AC – Biorelease 

Contention 2 is Bioweapons

The Court has ended broad deference to the executive but maintains environmental deference through a  "national security" exemption to NEPA during wartime – court action key to reverse it
Donovan 11 (Emily Donovan, J.D., 2010, Albany Law School, Albany, New York, "Deferring to the Assertion of National Security: The Creation of a National Security Exemption Under the National Environmental Policy Act of 1969," Winter 2011, West Northwest Journal of Environmental Law and Policy, 17 Hastings W.-N.W. J. Env. L. 26 Pol’y 3)

Furthermore, it is the Court’s responsibility to ensure that the Executive is abiding by
AND
in order to refrain from creating an exemption which Congress did not intend.
National security exemptions to NEPA guts enforcement and signals the court apathy - the impact biodiversity
Krueger 9 (William, J.D., University of North Carolina School of Law, Legal Aid of North Carolina, Department of Environment 26 Natural Resources, North Carolina Journal Of Law 26Technology Volume 10,Issue 2: Spring 2009 "In The Navy: The Future Strength Of Preliminary Injunctions Under NEPA In Light Of NRDC v. Winter")

Since the 1970s, many laws have been passed with the overarching goal of protecting
AND
"foster~ing~ precious resource preservation" will be thwarted.28
Biodiversity decline causes extinction
Mmom 8 (Dr. Prince Chinedu, University of Port Harcourt (Nigeria), "Rapid Decline in Biodiversity: A Threat to Survival of Humankind", Earthwork Times, 12-8, http://www.environmental-expert.com/resultEachArticle.aspx?ci d=026codi=51543)
From the foregoing, it becomes obvious that the survival of Humankind depends on the
AND
wise policy of conservation and development can be based for centuries to come.

Biodefense contractors use the national security exemption in NEPA to overlook safety concerns – results in pathogen spread and accidental release

Taylor 12 (David Chase Taylor, Degrees from San Diego State University, PhD Student at the University of Lugano, Switzerland, The Bio-Terror Bible, Part 3, p. 25) 

Southern Research Institute, the military biodefense contractor recently in the news for sending live
AND
knowledge poses a greater threat than the problem we are trying to solve."

Addressing the court generated "National Security" exemption to NEPA is crucial to bio-weapons lab safety

Miles 8 (Loulena Miles, Associate at Adams Broadwell Joseph 26 Cardozo, Degrees from University of California at Santa Cruz, "Final Site-Wide Environmental Impact Statement for Continued Operation of Los Alamos National Laboratory, Los Alamos, New Mexico: Comment on the SWEIS,"  http://energy.gov/sites/prod/files/EIS-0380-FEIS-03-2-2008.pdf-http://energy.gov/sites/prod/files/EIS-0380-FEIS-03-2-2008.pdf) 

NEPA has the twin aims of obligating a federal agency to consider environmental impacts before
AND
may choose to collocate their advance biodefense research inside their nuclear weapons facilities.

Engineered pathogens cause extinction

Sandberg et al 8—Research Fellow at the Future of Humanity Institute at Oxford University. PhD in computation neuroscience, Stockholm—AND—Jason G. Matheny—PhD candidate in Health Policy and Management at Johns Hopkins. special consultant to the Center for Biosecurity at the University of Pittsburgh—AND—Milan M. ?irkovi?—senior research associate at the Astronomical Observatory of Belgrade. Assistant professor of physics at the University of Novi Sad. (Anders, How can we reduce the risk of human extinction?, 9 September 2008, http://www.thebulletin.org/web-edition/features/how-can-we-reduce-the-risk-of-human-extinction)

The risks from anthropogenic hazards appear at present larger than those from natural ones.
AND
may increase as biotechnologies continue to improve at a rate rivaling Moore’s Law.

Use is likely

Wheelis 13 (Dr. Mark Wheelis, Chair, Scientists Working Group on Biological and Chemical Weapons, "Biological and Chemical Weapons," The Center for Arms Control and Non-Proliferation, Issues, 2013, http://armscontrolcenter.org/issues/biochem/-http://armscontrolcenter.org/issues/biochem/) 

At the same time, however, the dramatic growth in biodefense research has some
AND
state compliance with the ban on biological weapons is critical for preventing bioterrorism.

Regulated lab safety key to prevent accidental release of a super-bug – causes extinction

Wilson 13 (Grant Wilson, Deputy Director, Global Catastrophic Risk Institute. J.D. from Lewis 26 Clark Law School, "Minimizing Global Catastrophic and Existential Risks from Emerging Technologies through International Law," Virginia Environmental Law Journal, 31 Va. Envtl. L.J. 307, 2013) 

i. Risk of an accident The accidental release of a bioengineered microorganism during legitimate
AND
would be unpredictable but potentially extremely deadly to humans and/or animals.
*ER = Existential Risk

1AC – No War

Contention 3 is No War

Great power war is obsolete – globalization, nuclear deterrence, and the cooperative liberal order ensure no conflict

Ikenberry and Deudney 9 (Daniel – Professor of Politics and International Affairs at Princeton University, and G. John  – professor of political science at Johns Hopkins University, Jan/Feb, "The Myth of the Autocratic Revival," Foreign Affairs, Vol. 88, Issue 1, p. 8)
It is in combination with these factors that the regime divergence between autocracies and democracies
AND
-first century point to the renewed value of international integration and cooperation.

Nuclear deterrence checks – all states are rational

Tepperman 9 (John - journalist based in New York Cuty, Why obama should learn to love the bomb, Newsweek, 9/7, p.lexis)
A growing and compelling body of research suggests that nuclear weapons may not, in
AND
leaders in each country did what they had to do to avoid it.

Proliferators are not aggressive – they care about the economy and regime survival

Alagappa 8 (Muthiah – distinguished senior fellow at the East-West Center, The Long Shadow, p. 508-509)
Another major conclusion of this study is that although nuclear weapons could have destabilizing consequences
AND
intensity. Security interaction in Asia increasingly approximates behavior associated with defensive realism. 

Great power war is obsolete and small conflicts will not escalate
Mandelbaum 99 (Michael, Professor of American Foreign Policy, Johns Hopkins University; Director, Project on East-West Relations, Council on Foreign Relations, "Transcript: is Major War Obsolete?" Transcript of debate with John Mearsheimer, CFR, Feb 25, http://www.ciaonet.org/conf/cfr10/)
My argument says, tacitly, that while this point of view, which was
AND
pawn, not a sentry standing guard against an attack on a king."

Nuclear war doesn’t cause extinction

Socol 11 (Yehoshua (Ph.D.), an inter-disciplinary physicist, is an expert in electro-optics, high-energy physics and applications, and material science and Moshe Yanovskiy, Jan 2, "Nuclear Proliferation and Democracy", http://www.americanthinker.com/2011/01/nuclear_proliferation_and_demo.html)
Nuclear proliferation should no longer be treated as an unthinkable nightmare; it is likely
AND
reality will most probably contain fewer nuclear-possessing states than the former.

No nuke winter – studies

Seitz 11 (Russell, Harvard University Center for International Affairs visiting scholar, "Nuclear winter was and is debatable," Nature, 7-7-11, Vol 475, pg37)
Alan Robock’s contention that there has been no real scientific debate about the ’nuclear winter’ concept is itself debatable (Nature 473, 275–276; 2011). This potential climate disaster, popularized in Science in 1983, rested on the output of a one-dimensional model that was later shown to overestimate the smoke a nuclear holocaust might engender. More refined estimates, combined with advanced three-dimensional models (see http://go.nature.com.libproxy.utdallas.edu/kss8te), have dramatically reduced the extent and severity of the projected cooling. Despite this, Carl Sagan, who co-authored the 1983 Science paper, went so far as to posit "the extinction of Homo sapiens" (C. Sagan Foreign Affairs 63, 75–77; 1984). Some regarded this apocalyptic prediction as an exercise in mythology. George Rathjens of the Massachusetts Institute of Technology protested: "Nuclear winter is the worst example of the misrepresentation of science to the public in my memory," (see http://go.nature.com.libproxy.utdallas.edu/yujz84) and climatologist Kerry Emanuel observed that the subject had "become notorious for its lack of scientific integrity" (Nature 319, 259; 1986). Robock’s single-digit fall in temperature is at odds with the subzero (about ?25 °C) continental cooling originally projected for a wide spectrum of nuclear wars. Whereas Sagan predicted darkness at noon from a US–Soviet nuclear conflict, Robock projects global sunlight that is several orders of magnitude brighter for a Pakistan–India conflict — literally the difference between night and day. Since 1983, the projected worst-case cooling has fallen from a Siberian deep freeze spanning 11,000 degree-days Celsius (a measure of the severity of winters) to numbers so unseasonably small as to call the very term ’nuclear winter’ into question.

Tournament: Ndt | Round: 2 | Opponent: Oklahoma Lee-Campbell | Judge: Garner, Munoz, Olney
===1AR===

====They present a false choice – identifying domestic and international struggles as distinct creates complacency with external violence and allows that same violence to exist at home====
Daulatzai 12 — Associate Professor in the Department of Film and Media Studies and the Program in African American Studies at the University of California, Irvine; Ph.D., University of Southern California, Critical Studies (Sohail, 7/31/2012, Black Star, Crescent Moon: The Muslim International and Black Freedom beyond America, p.xi-xiv)

As scholars and historians have shown, Civil Rights has also had a flip side
AND
possibility of it are recurrent features within U.S. political culture. 

*Marked

In the post-9/11 climate, this containment has had to do
AND
-first, an executive fifth column poised to overthrow the United States.

Tournament: Ndt | Round: 3 | Opponent: Baylor Bacon-Boor | Judge: Gannon, Kearney, Phillips

1ar

Warming 

Feedbacks are net positive – additional emissions cause runaway warming

Hanson 8 (James E., Head – NASA Goddard Institute for Space Studies and Adjunct Professor of Earth and Environmental Science – Columbia University, "Tipping point: Perspective of a Scientist", April, http://www.columbia.edu/~~jeh1/2008/StateOfWild_20080428.pdf)
Fast feedbacks—changes that occur quickly in response to temperature change—amplify the
AND
as glaciers disappear. A major casualty in all this will be wildlife. 

Sea level rise will threaten millions that live in coastal regions

Bernstein 7 (Lenny – PhD Chemical Engineering @ Purdue and President of the CMC, 2007, IPCC Fourth Assessment Report, http://www.ipcc.ch/ipccreports/ar4-syr.htm, More Authors on Draft Team)
Coasts are projected to be exposed to increasing risks, including coastal erosion, due
AND
.4, 6.5, Table 6.11, SPM~}

Ozone depletion causes extinction

Greenpeace 95 (Full of Holes: Montreal Protocol and the Continuing Destruction of the Ozone Layer — A Greenpeace Report with contributions from Ozone Action, http://archive.greenpeace.org/ozone/holes/holebg.html)
When chemists Sherwood Rowland and Mario Molina first postulated a link between chlorofluorocarbons and ozone
AND
so quickly - the stakes are literally the continuation of life on earth.

Climate change is comparatively the only existential threat

Doebbler 11 (Curtis, International Human Rights Lawyer. Two threats to our existence. Ahram Weekly. July 2011. http://weekly.ahram.org.eg/2011/1055/envrnmnt.htm)
Climate change is widely acknowledged to be the greatest threat facing humanity. It will
AND
and marginalise their neighbours in developing countries. They continue in this vein.

Hotspots

Hotspots key

Mittermeier 11
(et al, Dr. Russell Alan Mittermeier is a primatologist, herpetologist and biological anthropologist. He holds Ph.D. from Harvard in Biological Anthropology and as conducted fieldwork for over 30 years on three continents and in more than 20 countries in mainly tropical locations and he is considered an expert on biological diversity. Mittermeier has formally discovered several monkey species. From Chapter One of the book Biodiversity Hotspots – F.E. Zachos and J.C. Habel (eds.), DOI 10.1007/978-3-642-20992-5_1, ~23 Springer-Verlag Berlin Heidelberg 2011 – available at: http://www.academia.edu/1536096/Global_biodiversity_conservation_the_critical_role_of_hotspots)
Global changes, from habitat loss and invasive species to anthropogenic¶ climate change,
AND
as the¶ ultimate source of many ecosystem services upon which humanity depends.

Craig 

Adaptation of legal regimes to deal with climate is critical to adaptation – prevents worst impacts of warming

Craig 10 – Professor of Law 26 Associate Dean for Environmental Programs @ Florida State University ~Robin Kundis Craig, "’Stationarity is Dead’ - Long Live Transformation: Five Principles for Climate Change Adaptation," Harvard Environmental Law Review, Vol. 34, No. 1, 2010, pp. 9-75

Climate change is creating positive feedback loops that may irreversibly push ecosystems over ecological thresholds
AND
ecosystems cope with the changes that are coming. Pg. 13-16

Circumvention 2AC

Will comply – even if they disagree

Bradley and Morrison 13
~Curtis, William Van Alstyne Professor of Law, Duke Law School. and Trevor, Liviu Librescu Professor of Law, Columbia Law School, Presidential Power, Historical Practice, And Legal Constraint, 2013 Directors of The Columbia Law Review Association, Inc. Columbia Law Review May, 2013, L/N~

Insisting on a sharp distinction between the law governing presidential authority that is subject to
AND
than an internal sense of fidelity to law (or judicial review). n120

Obama supports NEPA agency review

Goad 26 Kroh 13 — *Manager of Research and Outreach for American Progress’ Public Lands Project AND Deputy Editor of ClimateProgress, worked on the Energy policy team at American Progress as the Associate Director for Ocean Communications (Jessica and Kiley, 4/25/2013, "Using Executive Authority to Account for the Greenhouse-Gas Emissions of Federal Projects," http://www.americanprogress.org/issues/green/report/2013/04/25/61446/using-executive-authority-to-account-for-the-greenhouse-gas-emissions-of-federal-projects/)

While Congress has shown no signs that it will take action to address the growing
AND
reviewing their impacts is an important step in making this promise a reality.

The military will comply

Gillespie 12 — Prof @ Univ of Waikato, has advised the Ministry of Foreign Affairs and Trade and the Department of Conservation, provides commissioned work for the United Nations and the Commonwealth Secretariat, has been awarded a Rotary International Scholarship, a Fulbright Fellowship, a Rockefeller Fellowship (Alexander, Winter 2012, "ARTICLE: The Limits of International Environmental Law: Military Necessity v. Conservation," 23 COLO. J. INT’L ENVTL. L. 26 POL’Y 1, L/N)

Generally, the answer is that the military can be made to comply with laws
AND
. Rather, militaries have learned to adapt and comply with international standards.
Simulation Good 

Debate games open up dialogue which fosters information processing – they open up infinite frameworks making the game impossible

Haghoj 8 – PhD, affiliated with Danish Research Centre on Education and Advanced Media Materials, asst prof @ the Institute of Education at the University of Bristol (Thorkild, 2008, "PLAYFUL KNOWLEDGE: An Explorative Study of Educational Gaming," PhD dissertation @ Institute of Literature, Media and Cultural Studies, University of Southern Denmark, http://static.sdu.dk/mediafiles/Files/Information_til/Studerende_ved_SDU/Din_uddannelse/phd_hum/afhandlinger/2009/ThorkilHanghoej.pdf)
Debate games are often based on pre-designed scenarios that include descriptions of issues
AND
dialogue as an end in itself" (Wegerif, 2006: 61).

Warming Reps Good 

Catastrophic warming reps are good—it’s the only way to motivate response—their empirics are attributable to climate denialism

Romm 12 (Joe Romm is a Fellow at American Progress and is the editor of Climate Progress, which New York Times columnist Tom Friedman called "the indispensable blog" and Time magazine named one of the 25 "Best Blogs of 2010.? In 2009, Rolling Stone put Romm ~2388 on its list of 100 "people who are reinventing America." Time named him a "Hero of the Environment? and "The Web’s most influential climate-change blogger." Romm was acting assistant secretary of energy for energy efficiency and renewable energy in 1997, where he oversaw 241 billion in R26D, demonstration, and deployment of low-carbon technology. He is a Senior Fellow at American Progress and holds a Ph.D. in physics from MIT., 2/26/2012, "Apocalypse Not: The Oscars, The Media And The Myth of ’Constant Repetition of Doomsday Messages’ on Climate", http://thinkprogress.org/romm/2012/02/26/432546/apocalypse-not-oscars-media-myth-of-repetition-of-doomsday-messages-on-climate/~~23more-432546)
The two greatest myths about global warming communications are 1) constant repetition of doomsday
AND
by most of the rest of the media, intelligentsia and popular culture.

A2: Structural Violence 

Structural violence is an empty term – they have to articulate a theory of violence in order to be analytically relevant

Lawler in 02 (Peter, Senior lecturer in international relations, University of Manchester, Peace Review; Mar2002, Vol. 14 Issue 1, p7)
My principal concern at the time was with the growing preoccupation of much of peace
AND
peace research could not provide an adequate account of its own normative nature.

Tournament: Ndt | Round: 2 | Opponent: Oklahoma Lee-Campbell | Judge: Garner, Munoz, Olney
===2AC===

Raising awareness about intersections is efficacious – helps raise political consciousness and inspire action

Chikwendu 13 — Ph.D. candidate in Gender Studies at University of Leeds (Meremu, 12/2013, "Circular Consciousness in the Lived Experience of Intersectionality: Queer/LGBT Nigerian Diasporic Women in the USA," Journal of International Women’s Studies 14(4))

Circular consciousness is the understanding that subject positionings are in constant motion, sliding over
AND
that can be useful in remaining self-determined while negotiating multiple identities.

Anti-blackness is not an ontological antagonism—-conflict is inevitable in politics, but does not have to be demarcated around whiteness and blackness—-the aff’s ontological fatalism recreates colonial violence

Peter Hudson 13, Political Studies Department, University of the Witwatersrand, Johannesburg , South Africa, has been on the editorial board of the Africa Perspective: The South African Journal of Sociology and Theoria: A Journal of Political and Social Theory and Transformation, and is a member of the Johannesburg Workshop in Theory and Criticism, The state and the colonial unconscious, Social Dynamics: A journal of African studies, 2013
Thus the self-same/other distinction is necessary for the possibility of identity
AND
, as distinct from "subject" position based on a determinate identity.

Our pedagogical method is necessary to address issues like the environment, trade, and militarism that exceed whiteness. Their representation of "whiteness" as a root cause reduces all these to products of whiteness instead of dealing with them in their full complexity.

George YÚDICE Latin American 26 Caribbean Studies; Spanish 26 Portuguese Languages and Literatures; Social and Cultural Analysis @ Princeton, 95~"Neither Impugning nor Disavowing Whiteness Does a Viable Politics Make: The Limits of Identity Politics" After Political Correctness eds. Christopher Newfield and Ronald Strickland p. 279-281~

It is arguments such as those of SWOP and Ganados del Valle, not simply
AND
black, or brown, or queer, or none of the above?

Tournament: Ndt | Round: 3 | Opponent: Baylor Bacon-Boor | Judge: Gannon, Kearney, Phillips

2ac

Yes Extinction

Causes extinction—4 degree projections trigger a laundry list of extinction scenarios

Roberts 13—citing the World Bank Review’s compilation of climate studies
- 4 degree projected warming, can’t adapt
- heat wave related deaths, forest fires, crop production, water wars, ocean acidity, sea level rise, climate migrants, biodiversity loss
David, "If you aren’t alarmed about climate, you aren’t paying attention" ~http://grist.org/climate-energy/climate-alarmism-the-idea-is-surreal/~~ January 10 mtc
We know we’ve raised global average temperatures around 0.8 degrees C so far
AND
, but a world that is inexorably more inhospitable with every passing decade.

A2: Irreversible/ Intl Consensus Key 

Not irreversible – international cooperation is key

Lucon, Romeiro, Pacca 13 (Oswaldo, senior adviser on Energy and Climate Change to the São Paulo State Government, Brazil, Viviane,  Ph.D. Candidate on energy at the University of Sao Paulo, Sergio, associate professor at the University of Sao Paulo, "Reflections on the international climate change negotiations: A synthesis of a working group on carbon emission policy and regulation in Brazil", Energy Policy, Volume 59, August, Pages 938-941)

2. Climate policies and mechanisms: past and future For more than two decades international negotiations have been trying to design and implement treaties to control climate change, with modest practical results in terms of curbing emissions. Future climate regimes are uncertain and challenged by factors such as the global financial crisis, soaring emission trends in emerging economies, little ambition of Annex I countries, and loopholes in existing pledges. Currently, tracks are being pursued simultaneously. Firstly, the international community has agreed to an interim system of voluntary pledges under the UNFCCC’s Copenhagen and Cancun Agreement (IISD, 2010-http://www.sciencedirect.com.proxy-remote.galib.uga.edu/science/article/pii/S030142151300311X). Second, national governments are imposing domestic policies that could evolve into linked cross-national systems (Michonski and Levi, 2010-http://www.sciencedirect.com.proxy-remote.galib.uga.edu/science/article/pii/S030142151300311X) Third, States like California and Sao Paulo are putting forward ambitious emission reduction policies, raising the bar for national initiatives (Stavins, 2012-http://www.sciencedirect.com.proxy-remote.galib.uga.edu/science/article/pii/S030142151300311X, Lucon and Goldemberg, 2010-http://www.sciencedirect.com.proxy-remote.galib.uga.edu/science/article/pii/S030142151300311X, FAPESP, 2010-http://www.sciencedirect.com.proxy-remote.galib.uga.edu/science/article/pii/S030142151300311X). Fourth, the international community has set a goal of re-negotiating a new, large scale, binding treaty by 2015 through the Durban Platform for Enhanced Action (UNFCCC, 2011-http://www.sciencedirect.com.proxy-remote.galib.uga.edu/science/article/pii/S030142151300311X). Because metrics differ considerably amongst such systems, making it less clear which approaches might be the most successful, a solid polycentric approach will depend on a robust international coordination and sound scientific communication.¶ The UNFCCC talks have stalled in large part because while there is much agreement that more needs to be done, there is no agreement on how new efforts should be internationally coordinated, how the atmospheric budget should be allocated, and how burdens should be shared. Although negotiations in the next two Conferences of the Parties to the UNFCCC will certainly address carbon budgets, emerging economies (especially the BRICS) remain attached to the principle of common but differentiated responsibilities (CBDR), which allows for these countries to overestimate their future emission trend lines, making it doubtful whether mitigation efforts are additional or business-as-usual. Annex I pivotal countries are at the same time required to commit to more ambitious goals, beyond those from the Kyoto Protocol’s first commitment period, but have taken relatively little to the table.¶ Many countries face a critical challenge with their energy system: increasing incomes in growing economies; providing energy access to the poorest, and bringing them towards meeting the common climate change objectives (International Energy Agency, 2012-http://www.sciencedirect.com.proxy-remote.galib.uga.edu/science/article/pii/S030142151300311X). Others struggle to cope with their climate law with new realities, such as the phase-out of nuclear power or land use change impacts. In this complicated gridlock, practical solutions need to emerge from both OECD and BRICS, in order to steer the international negotiation process (Keohane and Victor, 2011-http://www.sciencedirect.com.proxy-remote.galib.uga.edu/science/article/pii/S030142151300311X, Victor, 2011-http://www.sciencedirect.com.proxy-remote.galib.uga.edu/science/article/pii/S030142151300311X and Mattoo and Subramanian, 2012-http://www.sciencedirect.com.proxy-remote.galib.uga.edu/science/article/pii/S030142151300311X).

Military Key: 2AC

Military is massive emitter – sending a signal of legal compliance is crucial to international perception

Horton 11 ~Laura, Doctor of Jurisprudence Candidate 2012, Golden Gate University School of Law, FUTURE FORCE SUSTAINABILITY: DEPARTMENT OF DEFENSE AND ENERGY EFFICIENCY IN A CHANGING CLIMATE, 2011 Golden Gate University Golden Gate University Environmental Law Journal Spring, 2011, L/N~ 

The United States military is the single largest consumer of fuel in the world.
AND
effort by the military to date in the form of alternative energy development.

Extinction – 2AC

Bioterror causes extinction – Sandberg evidence indicates engineered pathogens reach victims quicker and don’t burn out

Regulated lab safety key to prevent accidental release of a super-bug – causes extinction

Wilson 13 (Grant Wilson, Deputy Director, Global Catastrophic Risk Institute. J.D. from Lewis 26 Clark Law School, "Minimizing Global Catastrophic and Existential Risks from Emerging Technologies through International Law," Virginia Environmental Law Journal, 31 Va. Envtl. L.J. 307, 2013) 

i. Risk of an accident The accidental release of a bioengineered microorganism during legitimate
AND
would be unpredictable but potentially extremely deadly to humans and/or animals.
*ER = Existential Risk

Circumvention 2AC

Will comply – even if they disagree

Bradley and Morrison 13
~Curtis, William Van Alstyne Professor of Law, Duke Law School. and Trevor, Liviu Librescu Professor of Law, Columbia Law School, Presidential Power, Historical Practice, And Legal Constraint, 2013 Directors of The Columbia Law Review Association, Inc. Columbia Law Review May, 2013, L/N~

Insisting on a sharp distinction between the law governing presidential authority that is subject to
AND
than an internal sense of fidelity to law (or judicial review). n120

Obama supports NEPA agency review

Goad 26 Kroh 13 — *Manager of Research and Outreach for American Progress’ Public Lands Project AND Deputy Editor of ClimateProgress, worked on the Energy policy team at American Progress as the Associate Director for Ocean Communications (Jessica and Kiley, 4/25/2013, "Using Executive Authority to Account for the Greenhouse-Gas Emissions of Federal Projects," http://www.americanprogress.org/issues/green/report/2013/04/25/61446/using-executive-authority-to-account-for-the-greenhouse-gas-emissions-of-federal-projects/)

While Congress has shown no signs that it will take action to address the growing
AND
reviewing their impacts is an important step in making this promise a reality.

The military will comply

Gillespie 12 — Prof @ Univ of Waikato, has advised the Ministry of Foreign Affairs and Trade and the Department of Conservation, provides commissioned work for the United Nations and the Commonwealth Secretariat, has been awarded a Rotary International Scholarship, a Fulbright Fellowship, a Rockefeller Fellowship (Alexander, Winter 2012, "ARTICLE: The Limits of International Environmental Law: Military Necessity v. Conservation," 23 COLO. J. INT’L ENVTL. L. 26 POL’Y 1, L/N)

Generally, the answer is that the military can be made to comply with laws
AND
. Rather, militaries have learned to adapt and comply with international standards.

President Complies – 2AC 

Will abide- don’t want to rock the boat

Nosanchuk 02
~Matthew, Litigation Director and Legislative Counsel, the Violence Policy Center, Washington, D.C. A.B. 1987, Stanford University; J.D. 1990, Stanford Law School., The Embarrassing Interpretation of the Second Amendment, Northern Kentucky Law Review 2002, L/N~

Former Attorney General Edwin Meese III, who served during the administration of President Ronald
AND
act such as a letter sent to the chief lobbyist of the NRA.

Empirics prove – will abide by Supreme Court even if they disagree

Crook 08
~John, CONTEMPORARY PRACTICE OF THE UNITED STATES RELATING TO INTERNATIONAL LAW: GENERAL INTERNATIONAL AND U.S. FOREIGN RELATIONS LAW: SUPREME COURT AFFIRMS HABEAS CORPUS FOR GUANTANAMO DETAINEES, 2008 The American Society of International Law American Journal of International Law October, 2008, L/N~

The ruling drew strong dissents from Chief Justice Roberts (joined by Justices Alito,
AND
the American people: We’re doing everything we can to protect you. n4

Courts means that president will comply

Ratner and Cole 84
~Michael, B.A., Brandeis University, 1966; J.D., Columbia Law School, 1970; Attorney, Center
of Constitutional Rights, David, B.A., Yale University, 1980; J.D., Yale Law School, 1984., The Force of Law: Judicial Enforcement of the War
Powers Resolution, 6/1/84, http://digitalcommons.lmu.edu/cgi/viewcontent.cgi?article=143426context=llr-http://digitalcommons.lmu.edu/cgi/viewcontent.cgi?article=143426context=llr~~

The judiciary has neither attempted to redress nor even recognized this problem. By dismissing
AND
did to maintain Congress’ prerogative over war in the face of presidential usurpation. 

President will be forced to comply

Morgan 09
~David Morgan is a senior producer at CBSNews.com, and editor of cbssundaymorning.com., Judge: Bush Can’t Waive Environmental Law, 2/11/09, http://www.cbsnews.com/2100-205_162-3789746.html-http://www.cbsnews.com/2100-205_162-3789746.html~~

President Bush cannot exempt the Navy from environmental laws banning sonar training that opponents argue
AND
and the judge has affirmed that point of view with the decision today."

T-Restrictions-2ac 

1. We meet – plan prevents the use of armed forces if their use violates environmental statutes – that’s a restriction

Lobel 8 (Jules – Professor of Law, University of Pittsburgh Law School, "Conflicts Between the Commander in Chief and Congress: Concurrent Power over the Conduct of War", 2008, Ohio State Law Journal, 69 Ohio St. L.J. 391, lexis)
More generally, the Court held that Congress has the power to authorize limited,
AND
short, it could dramatically restrict the President’s power to conduct the war.

2. Judicial restriction means regulation

Kerrigan 73 (Frank, Judge @ Court of Appeal of California, Fourth Appellate
AND
et al., Real Parties in Interest. (Consolidated Cases.), lexis)

While the studies were in progress, the United States Supreme Court found the impact
AND
p. 363 ~16 L.Ed.2d p. 620~.)

T – Armed Forces – 2AC 

We meet- plan text says introduction of armed forced into hostilities- we are whatever they define it as

Counterinterp- "substantial" means considerable

Arkush 2 (David, JD Candidate – Harvard University, "Preserving "Catalyst" Attorneys’ Fees Under the Freedom of Information Act in the Wake of Buckhannon Board and Care Home v. West Virginia Department of Health and Human Resources", Harvard Civil Rights-Civil Liberties Law Review, Winter,
37 Harv. C.R.-C.L. L. Rev. 131)

Plaintiffs should argue that the term "substantially prevail" is not a term of art because if considered a term of art, resort to Black’s 7th produces a definition of "prevail" that could be interpreted adversely to plaintiffs. 99-http://www.lexis.com/research/retrieve?_m=1421887dc00d6c0b78bddb20857a69fa26docnum=1626_fmtstr=FULL26_startdoc=126wchp=dGLbVzW-zSkAz26_md5=3f3ffe65eadff46b38ea49c40cb1037e26focBudTerms=definition20of20the20term2120substantial2120or20definition20of20the20word20substantial2126focBudSel=all It is commonly accepted that words that are not legal terms of art should be accorded their ordinary, not their legal, meaning, 100-http://www.lexis.com/research/retrieve?_m=1421887dc00d6c0b78bddb20857a69fa26docnum=1626_fmtstr=FULL26_startdoc=126wchp=dGLbVzW-zSkAz26_md5=3f3ffe65eadff46b38ea49c40cb1037e26focBudTerms=definition20of20the20term2120substantial2120or20definition20of20the20word20substantial2126focBudSel=all and ordinary-usage dictionaries provide FOIA fee claimants with helpful arguments. The Supreme Court has already found favorable, temporally relevant definitions of the word "substantially" in ordinary dictionaries: "Substantially" suggests "considerable" or "specified to a large degree." See Webster’s Third New International Dictionary 2280 (1976) (defining "substantially" as "in a substantial manner" and "substantial" as "considerable in amount, value, or worth" and "being that specified to a large degree or in the main"); see also 17 Oxford English Dictionary 66-67 (2d ed. 1989) ("substantial": "relating to or proceeding from the essence of a thing; essential"; "of ample or considerable amount, quantity or dimensions"). 101-http://www.lexis.com/research/retrieve?_m=1421887dc00d6c0b78bddb20857a69fa26docnum=1626_fmtstr=FULL26_startdoc=126wchp=dGLbVzW-zSkAz26_md5=3f3ffe65eadff46b38ea49c40cb1037e26focBudTerms=definition20of20the20term2120substantial2120or20definition20of20the20word20substantial2126focBudSel=all

2. We meet – plan prevents introduction of humans into conflict

At worst – the plan is topical but indirectly solves – restricting armed forces also restricts their weapons use

Jensen 3 (Major Eric Talbot – Professor, International and Operational Law Department, The Judge Advocate General’s School, U.S. Army, "Unexpected Consequences From Knock-On Effects: A Different Standard for Computer Network Operations?", 2003, 18 Am. U. Int’l L. Rev. 1145, lexis)
n30. See id. art. 52, para. 2, 1125 U
AND
use’ is concerned with its present function. Id. para. 2022. 

3. C/I Armed forces includes all components of the military – it’s their definition

DLA 13 (Defense Logistics Agency Manual – US Military, "Defense Logistics Agency
MANUAL", 1/4, http://www.dla.mil/issuances/Documents_1/m5025200120DLA_Writing_Style_Guide.pdf)
Armed Forces ; Armed Forces of the United States Use " Military Services " for consistency throughout DLA issuances . All three terms denote collectively all components of the Army, the Navy, the Air Force, the Marine Corps, and the Coast Guard. 

4. Especially in the context of hostilities

Phelps 96 (Lieutenant Colonel Richard – Chief, Environmental Law, Headquarters United States Air Forces in Europe, Ramstein Air Base, J.D., Oklahoma City University School of Law, "Environmental Law for Overseas Installations", 1996, 40 A.F. L. Rev. 49, lexis)
~Comments~
n98 Id. at encl. 2, para. C.3.a
AND
are expected. This exemption applies as long as the armed conflict continues.

We meet their in the area arguments – we reduce in the entire area of armed forces

"In" means inclusion within

Random House 12 (Unabridged Dictionary, "in", http://dictionary.reference.com/browse/in?s=t)
in? ?~in~  Show IPA preposition, adverb, adjective, noun, verb, inned, in•ning.
preposition

1. (used to indicate inclusion within space, a place, or limits): walking in the park.
   2. (used to indicate inclusion within something abstract or immaterial): in politics; in the autumn.
   3. (used to indicate inclusion within or occurrence during a period or limit of time): in ancient times; a task done in ten minutes.
   4. (used to indicate limitation or qualification, as of situation, condition, relation, manner, action, etc.): to speak in a whisper; to be similar in appearance.
   5. (used to indicate means): sketched in ink; spoken in French.

5. Prefer our interpretation

A. Overlimits – no part of limiting armed forces just limits humans – they exclude things guns that the humans use

B. Ground –weapons aff are critical to aff flexibility that prevents a stale topic

C. Education – weapons are a core part of the literature

6. Their Lorber card is in the context of nuclear weapons and cyber operations – not weapons humans use

7. Function limits check – Agent cp’s solve their runaway weapons claims

8. Reasonability is good – prevents a race to the bottom and arbitrary counter interpretations that exclude the aff

Generic Legalism K – 2AC 

2. K doesn’t come first

Owens 2002 (David – professor of social and political philosophy at the University of Southampton, Re-orienting International Relations: On Pragmatism, Pluralism and Practical Reasoning, Millenium, p. 655-657)
Commenting on the ’philosophical turn’ in IR, Wæver remarks that ’~a~
AND
the first and second dangers, and so a potentially vicious circle arises.

3. Extinction outweighs

Bok 88
(Sissela, Professor of Philosophy at Brandeis, Applied Ethics and Ethical Theory, Rosenthal and Shehadi, Ed.)

The same argument can be made for Kant’s other formulations of the Categorical Imperative:
AND
post a strong challenge to the unity and simplicity of Kant’s moral theory.  

Securitizing the environment is good – builds public awareness to solve

Matthew 2, Richard A, associate professor of international relations and environmental political at the University of California at Irvine, Summer (ECSP Report 8:109-124)
In addition, environmental security’s language and findings can benefit conservation and sustainable development."
AND
and to build on the remarkable achievements of the entire environmental security field.

6. External checks are effective

Aziz Z. Huq 12, Assistant Professor of Law, University of Chicago Law School, "Binding the Executive (by Law or by Politics)", May 25, www.law.uchicago.edu/files/file/400-ah-binding.pdf
Paulson ’ s genuflection and Obama ’ s reticence, I will contend here,
AND
political actors’ exertions and legal rules will prove effective in limiting such discretion.

7. Even if they aren’t – the president will go along with them anyway – takes out the impact

Bradley and Morrison 13
~Curtis, William Van Alstyne Professor of Law, Duke Law School. and Trevor, Liviu Librescu Professor of Law, Columbia Law School, Presidential Power, Historical Practice, And Legal Constraint, 2013 Directors of The Columbia Law Review Association, Inc. Columbia Law Review May, 2013, L/N~

Insisting on a sharp distinction between the law governing presidential authority that is subject to
AND
than an internal sense of fidelity to law (or judicial review). n120

8. No impact

 Dickinson 4 (Dr. Edward Ross, Professor of History – University of Cincinnati, "Biopolitics, Fascism, Democracy: Some Reflections on Our Discourse About ’Modernity’", Central European History, 37(1), p. 18-19)

In an important programmatic statement of 1996 Geoff Eley celebrated the fact that Foucault’s ideas
AND
not develop the dynamic of constant radicalization and escalation that characterized Nazi policies. 

10. Liberalism is inevitable

Sparer ’84
~Ed, Prof. Law and Soc Welfare @ Pennsylvania, "Fundamental Human Rights, Legal Entitlements, and the Social Struggle: A Friendly Critique of the Critical Legal Studies Movement," 36 Stan. L. Rev. 509, January, lnuwyo-ajl~

The thrust of CLS critique is devoted, in turn, to the exposure of
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goals could thus be retained even in the model of participatory democracy. n20

11. Alt Can’t solve —Appeals for institutional restrain are a crucial supplement to political resistance to executive power.

David COLE Law @ Georgetown ’12 "The Politics of the Rule of Law: The Role of Civil Society in the Surprising Resilience of Human Rights in the Decade after 9/11" http://www.law.uchicago.edu/files/files/Cole201.12.12.pdf p. 51-53

As I have shown above, while political forces played a significant role in checking
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but on a vibrant civil society dedicated to reinforcing and defending constitutional values.

CP 

Permutation do both

Doesn’t solve —- have to set a precedent in order to solve the oversight of the labs – as per the CP text there still isn’t oversight which means that in the dsesctrucion of these microorganisms there could be release

Still CDC/ domestic labs we don’t give up 

Science 

NEPA review process key to environmental science

Rosenbaum 5 (Walter A., "Environmental Impact Statements: Gift Box or Black Box?," in Environmental Policymaking: Assessing the Use of Alternative Policy Instruments, Michael T. Hatch, Editor, State University of New York Press, Albany, p. 2198) 

Despite a need for belter data, monitoring and evaluation related to projects affected by EIS preparation, one undisputed result of NEPA procedures has been a significant enrichment and expansion of the data base, scientific research, and professional training associated with environmental management. EIS preparation, for example, has undoubtedly been a major reason for the development of the relatively new science of ecosystem analysis and for increased research in the cumulative effects of environmental intervention.

Impact is famineand duease

Treder 6 (Mike, Executive Director – Center for Responsible Nanotechnology, "From Heaven to Doomsday: Seven Future Scenarios", Future Brief, http://ieet.org/index.php/IEET/more/468/)

In this scenario, reactionary critics of scientific progress, from supporters of "creationism" to radical environmental protection groups, and from neo-Luddites to educated technophobes (such as Francis Fukuyama-http://reason.com/debate/eh-debate1.shtml and Leon Kass-http://www.fightaging.org/archives/000084.php), are successful in essentially halting development. The result is a monumental increase in world misery. Research scientists, technology entrepreneurs, open-minded academics and political progressives are persecuted and stymied in most countries, including the U.S.; they are systematically silenced, jailed, or exterminated in other places. Advancements in artificial intelligence, genetic engineering, space exploration, robotics, and nanotechnology come to a halt. Moore’s Law-http://en.wikipedia.org/wiki/Moore27s_law is finally overturned. Famine, pestilence, disease, and starvation at levels never seen before devastate much of the world. As millions suffer horrible wasting deaths, billions more are born into inescapable poverty and squalor. Chronic worldwide economic crises result in massive political instability that leads to civil wars, regional wars, and ultimately nuclear wars. At the close of the 21st century, world conditions have returned to a state more like the 19th century. It is the second Dark Ages. 

Disease

Greger 8 (M.D., is Director of Public Health and Animal Agriculture at The Humane Society of the United States (Michael Greger, , Bird Flu: A Virus of Our Own Hatching, http://birdflubook.com/a.php?id=111-http://birdflubook.com/a.php?id=111)

Senate Majority Leader Frist describes the recent slew of emerging diseases in almost biblical terms
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"might easily transmute into a tune whistled whilst passing a graveyard."3154

Space Weapons Add-On – 2AC 

Plan solves space weapons – solves U.S. Russia war

Scheetz 6 (Lori – J.D. Candidate, Georgetown University Law Center, Cites Thomas Graham Jr. – Former Acting Director of the U.S Arms Control and Disarmament Agency, "Infusing Environmental Ethics into the Space Weapons Dialouge", Georgetown International Environmental Law Review, Fall, 19 Geo. Int’l Envtl. L. Rev. 57, lexis)
Proponents of weaponizing space focus on American military dependence on space and a sense of
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critical for the future quality of the environment in space and on Earth.

Extinction

Helfand and Pastore 9 (Ira Helfand, M.D., and John O. Pastore, M.D., are past presidents of Physicians for Social Responsibility, 3/31, "U.S.-Russia nuclear war still a threat", http://www.projo.com/opinion/contributors/content/CT_pastoreline_03-31-09_EODSCAO_v15.bbdf23.html)
President Obama and Russian President Dimitri Medvedev are scheduled to Wednesday in London during the
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alert status of nuclear weapons that existed  in 1995 remains in place today.  

Space weapons cause extinction

Mitchell 1 (Gordon, Associate Professor and Dir Debate – U Pittsburgh, Et al., ISIS Briefing on Ballistic Missile Defense, July, http://www.isisuk.demon.co.uk/0811/isis/uk/bmd/no6.html-https://mail.msu.edu/cgi-bin/webmail?timestamp=115577364626md5=nbdSk8IggXVhlJHMdBeJkw3D3D26redirect=http3A2F2Fwww.isisuk.demon.co.uk2F08112Fisis2Fuk2Fbmd2Fno6.html)
A buildup of space weapons might begin with noble intentions of ’peace through strength’ deterrence, but this rationale glosses over the tendency that ’… the presence of space weapons…will result in the increased likelihood of their use’.33-http://www.isisuk.demon.co.uk/0811/isis/uk/bmd/no6_paper.html This drift toward usage is strengthened by a strategic fact elucidated by Frank Barnaby: when it comes to arming the heavens, ’anti-ballistic missiles and anti-satellite warfare technologies go hand-in-hand’.34-http://www.isisuk.demon.co.uk/0811/isis/uk/bmd/no6_paper.html The interlocking nature of offense and defense in military space technology stems from the inherent ’dual capability’ of spaceborne weapon components. As Marc Vidricaire, Delegation of Canada to the UN Conference on Disarmament, explains: ’If you want to intercept something in space, you could use the same capability to target something on land’. 35-http://www.isisuk.demon.co.uk/0811/isis/uk/bmd/no6_paper.html To the extent that ballistic missile interceptors based in space can knock out enemy missiles in mid-flight, such interceptors can also be used as orbiting ’Death Stars’, capable of sending munitions hurtling through the Earth’s atmosphere. The dizzying speed of space warfare would introduce intense ’use or lose’ pressure into strategic calculations, with the spectre of split-second attacks creating incentives to rig orbiting Death Stars with automated ’hair trigger’ devices. In theory, this automation would enhance survivability of vulnerable space weapon platforms. However, by taking the decision to commit violence out of human hands and endowing computers with authority to make war, military planners could sow insidious seeds of accidental conflict. Yale sociologist Charles Perrow has analyzed ’complexly interactive, tightly coupled’ industrial systems such as space weapons, which have many sophisticated components that all depend on each other’s flawless performance. According to Perrow, this interlocking complexity makes it impossible to foresee all the different ways such systems could fail. As Perrow explains, ’~t~he odd term "normal accident" is meant to signal that, given the system characteristics, multiple and unexpected interactions of failures are inevitable’.36-http://www.isisuk.demon.co.uk/0811/isis/uk/bmd/no6_paper.html Deployment of space weapons with pre-delegated authority to fire death rays or unleash killer projectiles would likely make war itself inevitable, given the susceptibility of such systems to ’normal accidents’. It is chilling to contemplate the possible effects of a space war. According to retired Lt. Col. Robert M. Bowman, ’even a tiny projectile reentering from space strikes the earth with such high velocity that it can do enormous damage — even more than would be done by a nuclear weapon of the same size21’. 37-http://www.isisuk.demon.co.uk/0811/isis/uk/bmd/no6_paper.html In the same Star Wars technology touted as a quintessential tool of peace, defence analyst David Langford sees one of the most destabilizing offensive weapons ever conceived: ’One imagines dead cities of microwave-grilled people’.38-http://www.isisuk.demon.co.uk/0811/isis/uk/bmd/no6_paper.html Given this unique potential for destruction, it is not hard to imagine that any nation subjected to space weapon attack would retaliate with maximum force, including use of nuclear, biological, and/or chemical weapons. An accidental war sparked by a computer glitch in space could plunge the world into the most destructive military conflict ever seen.

War Powers DA – Gtown – 2AC
No terror threat
Walt ’12 Stephen M. Robert and Renée Belfer professor of international relations at Harvard University, "’America the brittle?’" September 10, Foreign Policy, http://walt.foreignpolicy.com/posts/2012/09/09/inflating_the_terrorist_threat_again
 According to yesterday’s New York Times, assorted "senior American officials" are
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only major world organization that had a worse decade than al Qaeda did.

1. No spillover – president will still do whatever is necessary to solve the DA

Marshall 08
~William, Kenan Professor of Law, University of North Carolina, Eleven Reasons Presidential Power Inevitably Expands and Why It Matters, 2008,
http://www.bu.edu/law/central/jd/organizations/journals/bulr/documents/MARSHALL.pdf-http://www.bu.edu/law/central/jd/organizations/journals/bulr/documents/MARSHALL.pdf~~

The first and perhaps overarching reason underlying the growth of presidential power is that the
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direct prohibitions to the contrary, expectations easily translate into political reality.33

2. Link thumpers –

First – their Li evidence indicates any slow down in decisionmaking kill warfighting – that’s the status quo

Rothkopf 13
~David, CEO and editor at large of Foreign Policy, The Gamble, 8/31/13, http://www.foreignpolicy.com/articles/2013/08/31/the_gamble?page=0,1-http://www.foreignpolicy.com/articles/2013/08/31/the_gamble?page=0,1~

Whatever happens with regard to Syria, the larger consequence of the president’s action will
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the imperial presidency than anything his predecessors or Congress have done for decades.

Even if there is spillover – status quo thumps

Wong 13 — PhD dissertation in Government to Georgetown University (U Jin, 4/22/2013, "THE BLANK CHECK: SUPREME COURT DECISION - MAKING IN NATIONAL SECURITY CLAIMS AND DURING WARTIME," http://repository.library.georgetown.edu/bitstream/handle/10822/558286/Wong_georgetown_0076D_12276.pdf?sequence=1)

This study started out with two questions. The first was: ?Does war
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to the executive branch’s arguments when it comes to national security claims

====A) Rules don’t hurt flexibility and flexibility not key to warfighting ====
Holmes 9 — Walter E. Meyer Professor of Law, New York University School of Law (Stephen, 4/30/2009, "In Case of Emergency: Misunderstanding Tradeoffs in the War on Terror," http://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?article=114026context=californialawreview)

Thus, it also illustrates the truism, profoundly relevant to the war on terror
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order rule is "always get a second opinion before undertaking major surgery."

B) Rules allow better decisionmaking

Wells 04 (Christina, Prof of law @ U of Missouri – Columbia, Missouri Law Review, Fall)
Thus, the threat of judicial review is still a necessary component of making executive actors accountable.  Second, one could argue that judicial review unreasonably burdens the executive’s ability to act quickly and decisively in response to an emergent situation. 238-http://www.lexis.com/research/retrieve?_m=de0216e9953095373f699f9d14bbb84326csvc=bl26cform=bool26_fmtstr=FULL26docnum=126_startdoc=126wchp=dGLbVlz-zSkAV26_md5=9a947f66e07ba5718a84bf5f543141da National security emergencies are presumably the last instance in which we want such burdens on executive decision making. 239-http://www.lexis.com/research/retrieve?_m=de0216e9953095373f699f9d14bbb84326csvc=bl26cform=bool26_fmtstr=FULL26docnum=126_startdoc=126wchp=dGLbVlz-zSkAV26_md5=9a947f66e07ba5718a84bf5f543141da While this argument is reasonable as it pertains to executive decisions regarding the actual prosecution of a war — i.e., decisions to invade a country, troop movements — the historic patterns described above never involved such decisions. Rather, they involved decisions to pursue groups or individuals via domestic criminal or administrative measures, decisions made over long periods of time. Such actions taken in the name of national security rarely require quick and decisive action. 240-http://www.lexis.com/research/retrieve?_m=de0216e9953095373f699f9d14bbb84326csvc=bl26cform=bool26_fmtstr=FULL26docnum=126_startdoc=126wchp=dGLbVlz-zSkAV26_md5=9a947f66e07ba5718a84bf5f543141da The argument for executive flexibility thus carries less weight in this context than when military decisions are involved. Furthermore, given what we know of past skewed decision making, we may actually want to slow down that decision-making process when restricting civil liberties. 

4. Plan doesn’t hurt warfighting

Dycus 05
~Stephen, Professor, Vermont Law School, Osama’s Submarine: National Security and
Environmental Protection After 9/11, William 26 Mary Environmental Law and Policy Review, http://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=111226context=wmelpr-http://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=111226context=wmelpr~~

The evidence that compliance with environmental laws has seriously impaired U.S. preparations
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-11 and al Qaeda to get unprecedented environmental immunity is despicable. 38

8. No bioterror impact

Keller 13 — Analyst at Stratfor, Post-Doctoral Fellow at University of Colorado at Boulder (Rebecca, 2013, "Bioterrorism and the Pandemic Potential," http://www.stratfor.com/weekly/bioterrorism-and-pandemic-potential)

It is important to remember that the risk of biological attack is very low and
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rapidly exchange information, conduct research and promote individual awareness of the threat.

9 Court expertise is sufficient—their link is blown out of proportion

Knowles 9 ~Spring, 2009, Robert Knowles is a Acting Assistant Professor, New York University School of Law, "American Hegemony and the Foreign Affairs Constitution", ARIZONA STATE LAW JOURNAL, 41 Ariz. St. L.J. 87~

A common justification for deference is that the President possesses superior competence due to expertise
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correct balance to strike between competing functional goals of the separation of powers?

Readiness Low –

A) Sequester

Pellerin 13
~Cheryl, American Forces Press Service, Hale: Sequestration Devastates U.S. Military Readiness, 5/10/13, http://www.defense.gov/news/newsarticle.aspx?id=119998-http://www.defense.gov/news/newsarticle.aspx?id=119998~~

During a Senate hearing yesterday on President Barack Obama’s 249.5 billion military
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"I just can’t believe what we’re doing to the military right now."