How Earth Law Supports Animal Rights

Source: Elephants pexels.com

By Hannah Fitzpatrick

On July 4th, 2018, the Uttarakhand High Court in the northern region of India ruled that all animals have the same rights and legal status as humans, and cannot be treated simply as property. In this historic ruling, a Division Bench of Justices Rajiv Sharma and Lokpal Singh not only granted all animals this distinct status, they also issued a series of steps that would be taken in order to prevent cruelty against animals.[i]

These directions towards preventing animal cruelty in this Indian district include provisions such as the following:

• Restriction of the amount of load allowed to be pulled by various animals according to the kind of carriage being pulled

• Restriction of the amount of riders per carriage pulled by an animal

• Banning of the use of sharp tackle or equipment on animals

• Veterinarians of Uttarakhand must treat any stray animals that are brought to them[ii]

This decision has made all residents of the district of Uttarakhand legally responsible for the welfare and protection of animals, similar to how parents are legally responsible for the welfare of their children.[iii] Despite this groundbreaking step in the fight for animal rights, it is likely that the Indian Supreme Court will overturn this ruling. That does not mean that the growing global movement to extend our ethical considerations to animals will stop.

Animals Are a Lot Smarter Than We Think 

An increasing number of studies suggest that animals may possibly possess cognitive abilities similar to that of humans, contrary to popular wisdom.

“Mental Time Travel” in Animals 

Episodic memory, also known as “mental time travel”, is a type of long-term memory that allows people to recall past events and experiences in a serial form, from which we can reconstruct the actual events that took place at any given point in our lives.[iv] This is an extremely vital skill when it comes to human intelligence, because this type of long-term memory allows people to develop complex strategies to solving problems. However, according to University of Kentucky psychology professor Thomas Zentall, humans are not the only species known to have episodic memory.

In Zentall’s 2013 study “Animals Represent the Past and the Future”, he argues that episodic memory has been observed in a number of species such as dolphins, birds, rats, and pigeons. For example, regarding birds, Zentall references a previous experiment conducted by British psychologist Nicola Clayton on the natural caching, or food hiding, behavior of certain types of birds. After several trials, Clayton discovered that the birds learned to cache food in areas where they knew they’d be hungry the following day, and made sure that their favorite food was cached in such a way that they’d always have access to it in the future. Zentall then conducted a similar experiment involving pigeons, and came to an identical conclusion.[v]

Source: By Ingrid Taylor, San Francisco, CA (Western Scrub Jay) [CC BY 2.0 (https://creativecommons.org/licenses/by/w.0)]

Animals similar in genetic makeup with humans, such as bonobos and orangutans, are also known to possess this ability of “mental time travel”. In a 2006 study conducted by psychologists Nicholas Mulcahy and Josep Call, when these animals practiced using tools to retrieve food, they eventually started to take the practiced using tools to retrieve food. These results suggest that not only do these animals have episodic memory, but, after conducting multiple experiments, that this ability has evolved over millions of years.[vi]

Prairie Dogs and Language

In multiple studies conducted by Northern Arizona University professor and psychologist Con Slobodchikoff over the past 30 years, there have been numerous discoveries about the way prairie dogs – whose natural habitat is within the Arizona desert – communicate. The most significant discovery made was in Slobodchikoff’s 2009 study that analyzed their behavior when the prairie dogs were threatened.

Source: Prairie Dogs pexels.com

After first observing how a colony of prairie dogs reacted to the presence of predators, he discovered that they didn’t just give the same alarm call each time – it sounded different depending on what type of predator the prairie dogs saw. He also noticed that even though the calls signaling a certain type of predator would follow a distinct pattern, they contained small nuances that varied with each individual predator of that type.[vii] This was further confirmed in a 2014 study in which after putting dogs, humans, and simple shape cutouts of all different forms, sizes, and colors within sight of the prairie dogs, analysis of the prairie dog calls revealed that the squeaks of alarm were different for each predator cutout presented to them.[viii] 

The Evolution of Animal Rights

Though the animal rights movement seems to be a recent development in modern society, it has actually been a cause that has been around for thousands of years, but initially from more of a philosophical point of view. For instance, the Greek philosopher Aristotle placed all living things in a hierarchy and claimed animals were high on the hierarchy, and should be treated as such, because they possessed “nutritive and sensitive souls”. Medieval philosopher and Catholic priest Thomas Aquinas that because of the hierarchy of creation imposed by God, all animals should be treated with the upmost respect. However, both Aristotle and Aquinas mention that humans are above animals because they do not have the ability to reason.[ix]

However, the idea of the legal rights of animals dates as far back as the ancient Greek and Roman empires. For instance, Roman law described wild animals as “…having no owner, thus belonging to no one,” though the only restriction on this was if there were wild animals on someone’s property.[x]

The Nonhuman Rights Project is the only civil rights organization in the United States working through litigation, public policy advocacy, and education to secure legally recognized fundamental rights for nonhuman animals and believes that “Humans are not the only animals entitled to recognition and protection of their fundamental rights.”[xi] According to the Nonhuman Rights Project Executive Director, Kevin Schneider, “Whether we’re talking about vulnerable human beings or nonhuman animals like our chimpanzee and elephant clients, legally enforceable rights are critical to helping individuals protect and, if necessary, regain their liberty and dignity—especially in circumstances where they might otherwise be powerless to confront the people or institutions responsible for depriving them of these vital aspects of existence.”[xii]

Though common law mainly views animals as property, numerous people, governments, and organizations (including Earth Law) see them as equals. They are living beings, just like humans, and should be protected at all costs. Anti-cruelty laws have been around since the establishment of the Massachusetts Bay Colony in 1641, when they issued a statute stating that no one in the colony could exercise any sort of cruelty to any animal surrounding them unless it was for hunting food.[xiii]

So why are animals, such as orcas, are still having issues with cruelty, decreased population, and the threat of extinction?

What Is Earth Law, and How Does It Support Animal Rights?

One answer has to do with how we see the world. If a human-centric worldview justifies the continued suffering and extinction of animal species, an earth-centric worldview holds that humans are one part of an interconnected web of life on Earth and dependent on that web for survival.

Drawing from both indigenous world views as well as a decades long movement for Rights of Nature, Earth Law holds that nature has inherent rights and legally deserves the same protection as people and organizations. At Earth Law Center, we recognize nature’s right to exist, thrive and evolve: enabling nature to defend these rights in court and protecting nature the way common law protects humans.

But how exactly do we do this?

• Working with local partners to establish legal rights for animals

• Submitting Amicus Briefs to relevant court cases to bring an Earth Law perspective into consideration

• Providing pro bono legal research and writing to include animal rights provisions in amendments to the law sought by local animal rights activists

The Case of Southern Resident Orcas

Earth Law Center is partnering with Legal Rights for the Salish Sea (Gig Harbor community group), the Nonhuman Rights Project and People for the Ethical Treatment of Animals to seek rights recognition for the endangered Southern Resident Killer Whale population and eventually for the Salish Sea.

Source: Southern Resident Orcas By NOAA Fisheries (anon.) [Public domain], via Wikimedia Commons

Southern resident killer whales, also known as orcas, are a tightly knit, matrilineal community of whales found within the northeastern region of the North American Pacific Ocean. This community of whales consists of three pods – J pod, K pod, and L pod. Each pod has a characteristic dialect of calls, or sounds, to communicate, though certain calls are common between all three pods. The calls used by the Southern Resident community are unlike the calls used by any other community of killer whales. These calls can travel 10 miles or more under water.[xiv] 

This community of orcas is listed as an endangered species under the Endangered Species Act by the National Marine Fisheries Service and the National Oceanic and Atmospheric Administration as of 2006.[xv] As of June 2018, the total population of southern resident killer whales is 74 whales (J Pod = 23, K Pod= 18, L Pod = 34). And based on the population trend published by the Center for Whale Research every July, it is still decreasing.[xvi] 

According to the National Oceanic and Atmospheric Administration, some steps have been taken in order to protect this whale species and prevent its population from further declining. For instance, in March 2018, Governor Jay Inslee of Washington State issued an executive order that listed efforts that should be made to preserve the southern resident killer whales from extinction. 

Some of these efforts include expanding training programs that teach whale-watching vessels how to assist in the event of an oil spill, reviewing and amending (as needed) recreational and commercial fishing regulations prioritizing protection of key areas and fish runs for southern resident orca recovery, and prioritizing funding for storm water mitigation projects that contribute to southern resident recovery.[xvii] Also, earlier this month, the National Oceanic and Atmospheric Administration and their partner organizations mobilized to take care of an emaciated and ailing three year old orca off the Northwest Pacific coast.[xviii] Rights for the Southern Resident Orcas could strengthen the protection of this iconic animal to prevent its extinction.

Get Involved Today 

To help us in our efforts to support sustainable businesses, or in general, consider:

• Donate to ELC

• Sign up to volunteer at ELC

• Stay informed by signing up for ELC’s newsletter

• Connect with ELC on social media: Facebook, Twitter

---

[i] https://www.thehindu.com/news/national/uttarakhand-hc-declares-animals-to-be-legal-persons/article24335973.ece

[ii] https://www.thehindu.com/news/national/uttarakhand-hc-declares-animals-to-be-legal-persons/article24335973.ece

[iii] https://allthatsinteresting.com/india-animals-same-rights-humans

[iv] http://www.human-memory.net/types_episodic.html

[v] http://journals.sagepub.com/doi/10.1177/147470491301100307#_i3

[vi] https://www.eva.mpg.de/psycho/pdf/Mulcahy&Call2006SCI.pdf

[vii]https://www.researchgate.net/publication/24265753_Decoding_the_information_contained_in_the_alarm_calls_of_Gunnison_prairie_dogs

[viii] http://rspb.royalsocietypublishing.org/content/281/1777/20132153

[ix] Burr, Steven I.; “Towards Legal Rights of Animals”; Boston College Environmental Affairs Law Review Vol. 4, Issue 2, Article 2; 1975

[x] Burr, Steven I.; “Towards Legal Rights of Animals”; Boston College Environmental Affairs Law Review Vol. 4, Issue 2, Article 2; 1975

[xi] https://www.nonhumanrights.org/

[xii] https://www.nonhumanrights.org/blog/values-principles-justice/

[xiii] Burr, Steven I.; “Towards Legal Rights of Animals”; Boston College Environmental Affairs Law Review Vol. 4, Issue 2, Article 2; 1975

[xiv] https://www.whaleresearch.com/orca-population

[xv] https://en.wikipedia.org/wiki/Southern_resident_killer_whales

[xvi] https://www.whaleresearch.com/orca-population

[xvii] http://www.psp.wa.gov/southern-resident-orca-task-force.php

[xviii] https://www.fisheries.noaa.gov/feature-story/noaa-partners-mobilize-aid-southern-resident-killer-whale-j50

Daylighting La Bievre River in Paris, France

By VVVCFFrance [CC BY-SA 4.0 (https://creativecommons.org/licenses/by-sa/4.0)], from Wikimedia Commons

Earth Law Center partners with Notre Affaire à Tous to seek rights recognition to continue the daylighting of La Bievre River in Paris, France.

Meet the Bievre River

Starting thirty-three kilometers (20 miles) away from Paris in the Yvelines and feeding into the Seine at Gare d’Austerlitz, the Bièvre once flourished as a vibrant river and has supported humans since the Neolithic period. The river was named after the beavers that lived on its banks (derived from the Gaul bèbros).[i]

Since the 11th century, the River Bièvre and its catchment area has been very heavily modified. Numerous mills were built along its course, which led to the straightening of the river. Increasing urbanisation and the establishment of industrial and craft activities along the Bièvre transformed it into an "open sewer". Starting in the 18th century, the river was gradually culverted. Today, the Bièvre forms a rainwater system. It has become an alternative means of transportation for wastewater when the sewers are out of action.[ii]

Centuries of overuse and abuse, from the businesses that depended on the Bièvre, polluted it so badly that it became a health hazard for Parisians. By 1912, the Parisian half of the river was completely concealed. Today it is a sad part of the Parisian sewage systems.[iii]

"Earth Law Center is proud to work with Valerie Cabanes, Notre Affaire à Tous (NAAT), and other leaders in France to daylight the Bievre River in enforcement of its right to be free" says Grant Wilson, Directing Attorney of Earth Law Center. "We also hope that daylighting the Bievre will inspire other communities to restore their entombed rivers," he adds.

Daylighting Hidden Rivers

Many towns and cities around the world have unseen flows of water which snake underneath concrete streets: ‘lost’ rivers which have been rerouted into sewers, drains and culverts as urban areas have grown.[iv]

River restoration – the restoration of water flows and aquatic life to a largely ‘natural’ state – has been a topic of increasing interest over recent years, and organizations such as the River Restoration Centre and the European Centre for River Restoration have formed to promote restoration work.

Deculverting or ‘daylighting’ is the process of uncovering buried urban rivers and streams, and restoring them to more natural conditions. Daylighting can create new habitat for plants and animals, potentially reduce flood risks, and create new ‘green corridors’ through urban areas. A good example is the highly successful restoration of the Cheonggyecheon stream in Seoul, South Korea.

Benefits of Daylighting Rivers

According to Adam Broadhead, who has created a daylighting website to map deculverting projects around the world, “Buried watercourses receive no sunlight, and so can be ecological deserts to life in the water and around the river banks (fish, birds, insects, plants, mammals). The darkness and other modifications to the channel often prevent passage of fish just like weirs do. Opening them back up can bring back all of this ecology, when done properly.

“Daylighted watercourses also have less of a flood risk due to underground blockages or collapse and it is easier to spot and tackle sources of pollution when you can see the water.  People can see and enjoy the wildlife that daylighted streams support, with knock-on positive effects for health and well-being, education and recreation.  Open watercourses can help to reduce the urban heat island effect and can (and are) being used to drive regeneration in downtown areas.”[v]

Freed River Case Studies

In Zurich, daylighting is actually enshrined in law. Known as the “Bachkonzept” or the “stream concept”, urban river restoration has been common practice in Switzerland’s largest city for 30 years. Urban rivers have been daylighted and integrated into Zurich in all manner of ways, such as complementing the local architecture. [vi]

By Smiley.toerist [CCBY-SA 4.0 (lhttps://creative commons.org/licenses/by-sa/4.0)] from Wikimedia Commons

The poster child of all daylighting projects is Seoul’s Cheonggyecheon River, completed in 2005. A brainwave of then-mayor and future president Lee Myung-bak, the project removed roads, buildings and virtually anything in its path to create an artificial waterway that joined up with the underground river at a cost of $900m (£615m). The 3.6 mile-long water corridor now acts as a major flood-relief channel and draws more than 60,000 visitors each day, transforming an area of Seoul previously renowned for crime. [vii]

In Auckland, more than 180 metres of underground piping and 5,000 cubic metres of natural clay were removed to daylight the Fairburn and Parahiku reserve streams in 2014. It was part of an ambitious scheme to provide both better flood water protections and restore the rivers to a more natural state to support the many migratory fish species in New Zealand. “We have these seasonal species which need these pockets of upstream habitat to live in, and then they go back out to sea and spawn,” says Tom Mansell, stormwater project engineer at Auckland council.[viii]

More recently in the US, $19m was invested to daylight the Saw Mill river in downtown Yonkers, New York. The aim was to regenerate the area and bring back habitat for a range of species including muskrats and snapping turtles.[ix]

Pilot Project for Daylighting La Bievre

Today, the Bievre forms a rainwater system, becoming an alternative means of transportation for wastewater when the sewers are out of action.

Figure 3 By Meg Stewart [CC BY-SA 2.0 (https://creativecommons.org/licesnes/by-sa/2.0)] via Wikimedia Commons

Studies in the 2000s were undertake to identify opportunities to daylight portions of the Bievre.

In 2002, the Communaut d’agglomeration du Val de Bievre (Val de Bievre Combined District Council) carried out a pilot project in the Parc des Paris in Fresnes, a three-hectare area that remained undeveloped. Retaining the former riverbed, a meandering stretch of water was created to encourage the development of aquatic life. Aquatic and semi-aquatic species were introduced in several areas. At the same time, over twenty direct wastewater connections to the Bievre were eliminated.[x]

The resulting enriched biodiversity — from ducks and other species of birds, to fish, amphibians and several aquatic insect species — has been very encouraging. Given the small stretch of daylighting, the ecosystem recovery is limited. Although improved, the water quality remains mediocre, however local residents can now enjoy the newly rediscovered riverside.

How can Earth Law Help

Through this initiative and others, Earth Law Center intends to lay the groundwork for a significant shift in how the law addresses questions of natural resources and environmental integrity. Changes that recognize the inherent rights of species and ecosystems will create more effective and durable mechanisms for protecting the natural world.

Beginning with one river and extending locally creates both community commitment to the environment and governmental protections that span jurisdictions and support a cleaner and healthier environment.

Victories at the local level also build interest and a sense of momentum about our work. As time goes by and more local governments grant rights to local ecosystems, the idea gains political credibility and a groundswell of support that can translate into motion at regional and national levels.

Victories everywhere help build international norms, and the political will for collective solutions to global problems. Personhood for rivers has already been recognized in New Zealand, India, and Colombia. Nature’s inherent rights are recognized in the countries of Bolivia and Ecuador as well as Mexico City and over 30 municipalities in the US.

Now, imagine how it would be if La Bievre had rights. What would be different if it could stand up for its legal rights in a court of law? Rights would include the right to flow; the right to perform essential functions within its ecosystem; the right to be free from pollution; the right to feed and be fed by sustainable aquifers; the right to native biodiversity; and the right to restoration.[xi]

If La Bievre had full legal rights, then any unsustainable exploitation that would impair those rights could be challenged. The river itself would have standing in a court of law. With recognition of its rights in the courts, the river would be considered a legal entity, with the ability to defend those rights. In practice, humans would have to stand in a court of law to enforce such rights on behalf of the river, acting as legal guardians – a model that is already familiar to lawyers who represent children, some disabled persons, and so forth. This model would in turn empower local communities, environmental groups, and others seeking to support the rights of La Bievre.

Take Action Today to Help Restore La Bievre

Act today and join the growing global movement of Earth Law by:

• Staying informed of Earth Law Center and also Notre Affaire à Tous

• Volunteering with ELC or join a work group

• Sign the petition here

• Supporting ELC and Notre Affaire à Tous

• Contact ELC if you want to work on your own river rights campaign

More about Notre Affaire à Tous

Anchored in the struggle for the preservation of nature, the association works to establish climate justice. Its actions must be able to cope with climate change, nuclear disaster, disappearance of resources, etc. To achieve our goals, we chose to act in the legal field, which allows to influence lifestyles and government. The main objective of Our affair for all is to enforce and improve the existing law , especially that of the environment. We thus seek to establish, through case law and citizen mobilization, an effective and objective responsibility of the human being vis-à-vis nature.

---

[i] http://www.messynessychic.com/2013/12/09/hunting-the-lost-river-of-paris/

[ii] https://restorerivers.eu/wiki/index.php?title=Case_study%3AReopening_of_a_section_of_the_River_Bi%C3%A8vre_in_an_urban_environment

[iii] http://www.messynessychic.com/2013/12/09/hunting-the-lost-river-of-paris/

[iv] https://freshwaterblog.net/2014/07/08/daylighting-urban-rivers/

[v] https://freshwaterblog.net/2014/07/08/daylighting-urban-rivers/

[vi] https://www.theguardian.com/cities/2017/aug/29/river-runs-global-movement-daylight-urban-rivers

[vii] https://www.theguardian.com/cities/2017/aug/29/river-runs-global-movement-daylight-urban-rivers

[viii] https://www.theguardian.com/cities/2017/aug/29/river-runs-global-movement-daylight-urban-rivers

[ix] https://www.theguardian.com/cities/2017/aug/29/river-runs-global-movement-daylight-urban-rivers

[x] http://www.onema.fr/EN/EV/publication/rex_r9_bievre_vbatGB.pdf

[xi] Universal Declaration of River Rights at https://www.earthlawcenter.org/river-rights/

Rights for Seneca Lake

Rochester, NY [Public domain], from Wikimedia Commons

By Grant Wilson and Darlene Lee

What if the Seneca Lake in the Finger Lakes region of New York State could gain rights recognition? With rivers gaining legal rights throughout the world, legal rights for lakes may become the next great rights-based movement.

The Beautiful Seneca Lake

Hare11062 [CC BY-SA 4.0 (https://creativecommons.org/licenses/by-sa/4.0)], from Wikimedia Commons

Seneca Lake is the largest of the Finger Lakes and the deepest lake located entirely within New York.[i] Because the lakes are long, narrow, and north-south, much like fingers when seen from the above, mapmakers named them “Finger Lakes.”

The Finger Lakes are known both for their beauty and some of the local industries that thrive in its unique microclimate, including winemakers and farmers. Seneca Lake, the second longest of the Finger Lakes, provides drinking water for over 100,000 people.

Seneca Lake is about two million years old, when glaciers up to two miles wide carved out the lake through a series of massive advances and retreats.[ii] Originally, it was part of a group of north-flowing rivers, but eventually formed into a standalone lake.

Seneca Lake supports diverse aquatic species. This include coldwater fish such as trout and Atlantic salmon in the deeper waters and smallmouth bass and yellow perch in the shallower waters.

Seneca Lake has a typical aquatic population for large deep lakes in the northeast, with coldwater fish such as lake trout and Atlantic salmon inhabiting the deeper waters, and warmwater fish such as smallmouth bass and yellow perch inhabiting the shallower areas.[iii]

Senecas and the Six Nation Confederacy

The six indigenous nations of the Haudenosaunee Confederacy lived in the region for thousands of years being displaced by European settlers. According to the date provided by an oral tradition, the Seneca joined the Iroquois (Haudenosaunee) in 1142 AD.[iv]

The Great Law of Peace represents one of the earliest examples of formal democratic governance and thought to be an inspiration for the American Constitution. It is the oldest governmental institution still maintaining its original form in North America.[v] The five founding nations were the Mohawk, the Oneida, the Onondaga, the Cayuga and the Seneca. The “Six Nations” formed in 1722 after the Tuscarora joined the confederation.

Seneca Lake takes it name from the Seneca people of the Haudenosaunee Confederacy, who lived in villages along the lake’s shores. Haudenosaunee means “people of the Long House.”[vi] Today the Seneca Nation has three reservations two hours’ drive from Seneca Lake[vii] with over 45,000 enrolled Haudenosaunee lived in Canada, and about 80,000 in the United States. [viii]

The Seneca Nation describes itself as the “Keeper of the Western Door.” It is the westernmost of the six nations. Seneca also refer to themselves as O-non-dowa-gah, (pronounced: Oh-n'own-dough-wahgah) or "Great Hill People." Today, they have a population of over 8,000 enrolled members.[ix]

Four decades of pollution of Seneca Lake revealed in 2016

Seneca Lake suffers from numerous threats and ongoing sources of pollution. As one example, documents released in 2016 by the environmental advocacy group Toxic Targeting highlighted the extent of Seneca Lake pollution.[x] The document revealed that a salt mine had been discharging chloride, brine, and hydrologic oil into the lake without permission.[xi]

To give another example, a 2017 report showed an increase in phosphorus levels and bacterial contaminants in streams that flow into Seneca Lake. Of those give streams tested, five had phosphorous and/or bacteria levels beyond the limits set by the New York State Department of Environmental Conservation’s (DEC), as revealed in the study by the Seneca Lake Pure Waters Association (SLPWA) and the Community Science Institute (CSI).

These increased levels of phosphorous caused harmful algae blooms in the lake, which contaminate water and pose health risks to humans when inhaled or coming into contact with our skin. They can also cause eutrophication of the lake, killing aquatic species. The DEC’s Chief of Lakes Monitoring and Assessment Scott Kishbaugh described the dangers of algae blooms: “Lake residents, visitors and pets should avoid contact with any surface scums or heavily discolored water, and they should seek medical assistance and contact the local health department if they experience any symptoms from blue green algae exposure (nausea, vomiting, diarrhea, skin or throat irritation, allergy reactions or breathing difficulties.”[xii]

Plan to create central gas storage hub at Seneca Lake defeated

A significant threat to Lake Seneca arose from the planned construction of a methane gas storage tank right next to the Lake. Federal regulators had approved its construction despite warnings from experts on geological risk. [xiii] Wine, tourism, and environmental groups, amongst others, teamed up to stop this dangerous project.

The storage area was to be located near a few dozen salt caverns on Seneca Lake’s western side, posing a threat to the lake’s sensitive ecosystems. The storage would also be only three miles north of the village of Watkins Glen, posing a risk to local residents.[xiv]

In the face of local community activism, Arlington Storage Company, a subsidiary of Crestwood Midstream, finally abandoned its plan to expand natural gas storage in unlined salt caverns on the west shore of Seneca Lake in Schuyler County after a six-year battle with local activists.

In July 2018, Basil Seggos, New York state's environmental conservation commissioner denied Crestwood Midstream Partners' nine-year push for a permit, writing that "The project before me involves significant adverse unmitigated impacts with respect to local and regional community character in this area of New York State."[xv]

“This is a victory for the people of the region who have fought for years to protect Seneca Lake and the Finger Lakes from industrialized gas storage,” said Yvonne Taylor, vice president of Gas Free Seneca. Deborah Goldberg, an attorney with Earthjustice, has been representing Gas Free Seneca in its fight.

How Earth Law could help restore Seneca Lake

Vlad Podvorny (Seneca Lake) [CC BY 2.0 (https://creativecommons.org/licenses/by/2.0)], via Wikimedia Commons

Pollution in Seneca Lake presents a severe public health hazard and a danger to wildlife. Securing legal recognition for Seneca Lake’s rights could benefit humans and nonhumans alike.

Seneca Lake faces threats from bacteria, algae, chemical spills and excessive salinity. Local environmentalists have done significant work over the last few years to raise awareness of the lake’s problems and look for solutions.

However, these challenges will continue so long as we operate in the same flawed paradigm of treating nature – including our lakes – as property to be exploited for profit. This flawed mindset, deeply embedded in our legal and economic systems, fails to treat nature as the life-giving and rights-bearing entity that it is.

Legal recognition of Seneca Lake’s rights to thrive, evolve, and perform its natural functions would address the pollution issue by strengthening existing protections and putting the burden of proof on would-be-polluters. And rather than being able to degrade Seneca Lake for short-term economic interests, its rights to health would be guaranteed. These rights would be enforced by legal guardians who would represent the lake in the courts. Finally, anyone who harms Seneca Lake would have to make the reparations necessary to return the lake to health.

What is Earth Law and how could it help Seneca Lake?

ELC is laying the groundwork for a significant shift in how the law addresses questions of natural protections and environmental integrity. Changes that recognize the inherent rights of species and ecosystems will create more effective and durable mechanisms for protecting the natural world.

Beginning with one lake or river and extending locally creates both community commitment to the environment and governmental protections that span jurisdictions and support a cleaner and healthier environment. Victories at the local level also build interest and a sense of momentum about our work – as time goes by and more local governments grant rights to local ecosystems, the idea gains in political credibility and a groundswell of support that can translate into motion at the state and ultimately federal levels.

Work in the U.S. as well as other countries does not happen in isolation: victories anywhere help build international norms, and the political will for collective solutions to global problems. Four rivers now enjoy rights recognition: the Whanganui River in New Zealand, the Atrato River in Colombia, the Villacabamba River in Ecuador and now the Amazon in Colombia.

Which four lakes will be the first to have legal rights? It could be one of the Finger Lakes. Or, if you are interested in giving legal rights to a lake that you work to protect, please get in touch with Earth Law Center to help.

Possible Earth Law approaches for Seneca Lake

To give readers an idea of what a rights of lakes campaign might look like, here are a few options building towards a rights-based paradigm for Seneca Lake:

1. A binding law establishing rights for Lake Seneca

2. A binding law establishing rights for all of the Finger Lakes

3. Either of the above but a non-binding resolution

4. In addition to any of the above, working with local tribes to establish rights for the Finger Lakes through their governance.

5. Seeking to allocate water rights to be held by rivers themselves within the above watersheds.

Want to take action?

• Sign up for the ELC monthly newsletter to stay informed

• Join us and volunteer

• Support us and donate

• Or start a new initiative

A note on nomenclature

The Haudenosaunee Confederacy is also known as the Six Nations. The name “Six Nations” was used by English-speaking European settlers. French speakers knew the Haudenosaunee as the “Iroquois.” Haudenosaunee is the name preferred by the people themselves, and so is the best name to use.[xvi]

On their website the Seneca Nation advises that in all cases, native people prefer to be described using the name of their nation or tribe. This is better than lumping them all together under a label such as Native American or American Indian.

Preferences about use of the words "tribe" and "tribal" vary among indigenous people across the United States. The Seneca Nation, for instance, prefers nation; rather than tribe (ie: the Seneca Nation Council; not the Seneca Nation Tribal Council.)[xvii]

---

[i] https://en.wikipedia.org/wiki/Seneca_Lake_(New_York)

[ii] https://en.wikipedia.org/wiki/Seneca_Lake_(New_York)

[iii] https://en.wikipedia.org/wiki/Seneca_Lake_(New_York)

[iv] https://en.wikipedia.org/wiki/Seneca_people

[v] http://nmai.si.edu/sites/1/files/pdf/education/HaudenosauneeGuide.pdf

[vi] http://www.haudenosauneeconfederacy.com/aboutus.html

[vii] https://en.wikipedia.org/wiki/Seneca_Nation_of_Indians

[viii] https://en.wikipedia.org/wiki/Iroquois

[ix] https://sni.org/

[x] http://www.stargazette.com/story/opinion/2016/12/20/burden-proof-crestwood/95651566/

[xi] http://spectrumlocalnews.com/nys/binghamton/news/2016/11/19/new-documents-reveal-seneca-lake-pollution

[xii] https://www.ithaca.com/news/streams-feeding-pollutants-into-seneca-lake/article_9215faac-8a4e-11e5-9228-d7f918ca42bb.html

[xiii] https://www.ecowatch.com/ferc-approves-methane-storage-project-in-finger-lakes-region-of-new-yo-1881960731.html

[xiv] https://www.ecowatch.com/ferc-approves-methane-storage-project-in-finger-lakes-region-of-new-yo-1881960731.html

[xv] https://www.pressconnects.com/story/news/2018/07/12/dec-rejects-plan-crestwood-propane-storage-facility-seneca-lake/779605002/

[xvi] https://www.britannica.com/topic/Iroquois-Confederacy

[xvii] https://sni.org/faq/

Seeds of Hope for Earth Law in the Philippines

By WolfmanSF [CC BY-SA 4.0 (https://creativecommons.org/licenses/by-sa/4.0)], from Wikimedia Commons

By Margarita N. Lavides and Darlene May Lee 

While the Philippines needs to strengthen its law enforcement capacity, it will also benefit from building on its rich well-crafted environmental policies with a new model of environmental governance focused on well-being and guided by principles of sustainability, ecosystem health, precaution, interconnectedness and inclusiveness. Read on to find out more about how Earth Law Center and Philippines Earth Justice Center partner to advance the Rights of Nature movement, specifically how to incorporate the Earth Law Framework for Marine Protected Areas (MPAs) into the country’s National System of MPAs.

The Philippines is one of 18 mega-biodiverse countries of the world, containing two-thirds of the earth’s biodiversity and between 70% and 80% of the world’s plant and animal species. The Philippines ranks fifth in the number of plant species and maintains 5% of the world’s flora. Species endemism is very high, covering at least 25 genera of plants and 49% of terrestrial wildlife, while the country ranks fourth in bird endemism and considered to host the most number of marine species in the world. The Philippines is also one of the world’s biodiversity hotspots with at least 700 threatened species, thus making it one of the top global conservation areas.[1][2]

Philippines ranks 7 globally for coastal governance laws

Infographic of Biodiversity in the Philippines (Source: Philippine Biodiversity Strategy and Action Plan, PBSAP 2015-2028)

The Coastal Governance Index [3] ranks the Philippines 7th out of twenty maritime countries across the globe for its good track record of well-crafted environmental laws. While some current proponents of constitutional change include proposed environmental rights in its bill of rights, the current Philippine Constitution promotes a right to a healthy environment.

The 1987 Philippine Constitution [4] provides that the State shall protect the nation’s marine wealth in its archipelagic waters, territorial sea, and exclusive economic zone, and reserve its use and enjoyment exclusively to Filipino citizens. The same Constitution provides that the State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. It also provides for the protection of the preferential rights of subsistence fishers and local communities in the use of inland and offshore fishing resources and provides for support in the conduct of their livelihoods.

 With regard to integrated coastal management, 75 related major laws/policies have been enacted and national programs implemented (from 1800s to 2018). These include the landmark legislations on local government code; a fisheries code; an act on national protected areas system; a national biodiversity strategy and action plan and a proclamation on the establishment of Benham Rise Marine Reserve. These laws and policies, among other outcomes, allowed for local government and communities to better manage their natural resources, especially in coastal areas; increased the areas for critical habitat and protected areas; provided the roadmap for biodiversity protection and management and established the largest and biodiversity-rich marine protected area.[5] Beyond the work of Filipino legislators, these environmental laws materialized due to many outstanding environmental law practitioners and an active civil society organizations.

Activists protecting the natural environment in the Philippines

By Shubert Ciencia (Flickr: Manila Bay) [CC BY 2.0 (https://creativecommons.org/licenses/by/2.0)], via Wikimedia Commons

In 1993, Atty. Antonio Oposa Jr. represented 43 Filipino children who initiated an action against the Philippine Government for the misappropriation of the country’s forest resources. Despite being dismissed at trial court, Oposa took it to the Supreme Court who upheld the legal standing and the right of the children to initiate the action on behalf of generations yet unborn - establishing the “Oposa Doctrine” as it is known now in Philippines and global jurisprudence. Oposa also waged a ten-year legal battle against eleven government agencies to clean up Manila Bay, ultimately winning a decision from the Supreme Court who ordered the offending agencies to clean up Manila Bay.[6]

Attys. Gloria Ramos and Rose Liza Eisma-Osorio defended the rights of marine mammals to a healthful ecology in Tanon Strait preventing a mining company from oil exploration in the Strait in a precedent setting Supreme Court decision in 2015.[7] They are currently exploring a specific Earth Law initiative with Earth Law Center which seeks to incorporate the principles of the Framework for Ocean Rights.

Many lower court cases can bring additional optimism in this era of pessimism. Residents of Bantayan Island, Cebu sued and won to protect their coastal areas from tourism business that violates environmental laws. Atty. Gloria Ramos gained (and later extended) a Temporary Environmental Protection Order (TEPO) to stop a local coal power plant from transporting toxic coal combustion residuals outside premises. Concerned Citizens of Iligan City and the Center for Alternative Legal Forum and Injustice Inc jointly filed for and won a TEPO to prevent illegal logging. While environmental lawyers and activists continue to fight against environmental violations, other members of civil society organizations also seek to implement innovative solutions towards a more just and sustainable environment and society.[8]

Pioneering environmental NGO, Haribon Foundation, founded in 1972, has sparked the environmental movement through its research and advocacy work for Critically-Endangered Philippine Eagle which through the years expanded the work into national protected areas system, threatened species and community-based and local government led conservation and resource management. In 1999, it organized a national network of fisher-MPA managers called Pamana Ka Sa Pilipinas from 122-MPA-member sites across the country which became an important national player in advancing the cause of small scale fisheries and marine conservation.[9]

International NGOs like Oceana-Philippines while working for fisheries reform, was one of the leading catalysts in the presidential proclamation of Philippine Rise (Benham Rise) into a largest marine reserve in the country.[10] A growing number of universities now engage with government and NGOs towards building a more sustainable environment and development. University of the Philippines and other leading universities are active not only in its knowledge generation but leveraging impact by influencing environmental policy and advocacy. The church is also active in its campaign for a more just and sustainable communities. It is quite common for Catholic priests and lay persons to lead  environmental campaigns and advocacy against coal mining and other environmental violations across the country.

Current protections remain insufficient for ecosystem and species health

Yet despite all this activity, the country’s natural ecosystems and species continue to suffer. In a country level study, 59 fish names were identified to be at risk of local extinction, with large and slow-growing reef fishes such as Giant Grouper, Bumphead Parrotfish, Humphead Wrasse, declining as much as 88% in catch since the 1950s due to overfishing and vicious cycle of poverty.[11] This is aggravated by impacts of climate change and habitat degradation.

In a national survey of coral reefs, it was reported that there is a marked decline in hard coral cover across the country since the 1970s, with loss of reefs in excellent condition and more than 90% of the reefs in poor condition.[12]  No wonder a typical old Filipino fisher, during our interviews with them across the country would say: The present fishers’ catch for one month is nothing compared to our fish catch for just one week.

Land ecosystems suffer equally. Dr. Mundita Lim, former Director of Philippine Biodiversity Management Bureau and currently Executive Director of ASEAN Center for Biodiversity laments, “In the Philippines, we have lost almost 93 percent of our original forest cover since the 1900’s. In 2008, 58 out of the 206 then known mammal species native to the Philippines were included in the International Union for the Conservation of Nature (IUCN) Red Data List of Threatened Species.[13] This is a number that is significantly large, considering that more than half of our native mammalian species are found only in the country and nowhere else in the world.”[14]

Coupled with the alarming rate of biodiversity loss is the continued discoveries of new species which all the more fortify the position for a more strengthened environmental governance and enforcement. From 2005 to 2012, there were 151 new species of birds, mammals, reptiles, amphibians and plants discovered. In Luzon alone, there were 300 new species discovered in 2011 by California Academy of Sciences.[14]

While the national government of the Philippines has been addressing climate change and environmental challenges, inconsistencies abound such as the continued government’s permission to mine coal despite local governments’ and communities’ opposition in many cases. Continued logging in natural forests and rampant overexploitation of wildlife continue to threaten native ecosystems and species while enforcement of environmental protection laws remains weak. So despite the successful establishment of a host of environmental protection laws, the ecosystems and species of the Philippines remains imperiled. 

Rights of Nature (RoN) and Integrated Coastal Management(ICM): A Symbiosis

Earth Law or earth jurisprudence, including Rights of Nature, could help strengthen and evolve the current legal protections of nature in the Philippines. Earth Law is an ethical framework that recognizes nature’s right to exist, thrive and evolve - enabling nature to defend these rights in court, just like corporations can. Earth Law has theoretical origins in 1970s but since 2006 when the first Rights of Nature legislation was implemented in the US has been gaining strength through constitutional provisions or national law (Ecuador, Bolivia) and local ordinances (New Zealand, India, Mexico and in three dozen US cities and municipalities).

Since 2003, a series of government laws and policies establishing ICM as a national strategy to ensure sustainable development of the country’s coastal and marine environment and resources and including guidelines for its implementation, has been issued. In 2016, a Senate Bill to strengthen the adoption of ICM as a national coastal resource management strategy has been filed.[5]

ICM-related policy issuances emphasized that ICM covers all coastal and marine areas, addressing the inter-linkages among associated watersheds, estuaries and wetlands and coastal seas by all relevant national and local agencies5. This means that the management approach should encompass forest, river and marine areas due to their interconnectedness. This can easily be seen in impacts of land- and sea-based human activities such as agriculture, deforestation and overfishing.[15, 16, 17] Because of ICM’s integrative characteristic consistent with the principles of RoN, ICM is used here to show common principles applied to both RoN and ICM.

 According to government-issuances on ICM, among the identified elements of ICM programmes across socio-ecological systems, are the establishment and management of marine protected areas and its networks. Thus MPA and MPA network programmes sit well within ICM programmes and both have principles consistent with RoN.

While many will argue that legislating for RoN may not yet be timely for the Philippines due to its current political climate, poverty-related social and environmental problems and the country’s low score in enforcing the law [2]; but it cannot be denied that the country is also laden with seeds of hope that can germinate into an Earth Law regime and bearing fruits from its future Rights of Nature legislations and implementation.

While we embark on this process with realistic optimism, environmental lawyers and activists and other civil society organizations are enjoined to continue to optimize the use of existing environmental rights constitutional provisions and other related environmental laws and policies towards a just and sustainable Philippines.

How Can You Help Crystallize an Earth Law Regime in the Philippines? 

1. Stay informed by signing up for ELC’s monthly newsletter

2. Donate to the cause

3. Volunteer for Earth Law initiative of ELC and Philippine Earth Justice Center, Inc

---

1. https://www.cbd.int/countries/profile/default.shtml?country=ph

2. Carpenter and Springer (2005) The center of the center of marine shorefish biodiversity: the Philippine Islands. EnviBio Fish, 72: 467-480.

3. EIUL Economist Intelligence Unit Ltd. (2015) Coastal Governance Index

4. Philippine Constitution (1987)

5. Forest Foundation (2018) ICM and ICM Policies in the Philippines Prepared by Dr. MNLavides

6. https://www.films.com/ecTitleDetail.aspx?TitleID=76342

7. Bender & Lee (2018) Philippines Establishes Guardians of Marine Mammals Earth Law Center www.earthlaw.com

8. Lagura-Yap et al. (Undated) Environmental Justice in Philippine Courts

9. http://www.haribon.org.ph/index.php/haribon-foundation/history

10. https://ph.oceana.org/

11. Lavides MN et al.  (2016) Patterns of coral reef finfish species disappearances inferred from fishers’ knowledge in global epicentre of marine shorefish diversity. PLoS One, 11(5): e0155752. Doi: 10.1371/journal.pone.0155752

12. Licuanan AM et al. (2017) Initial findings of the national assessments of Philippine coral reefs. Philippine Journal of Science, 146(2): 177-185.

13. IUCN (2008) Red Data List of Threatened Species

14. Philippine Biodiversity Strategy and Action Plan (PBSAP) 2015-2028

15. Makino A et al. (2013) Integrated planning for land-sea ecosystem connectivity to protect coral reefs. Biological Conservation, 165: 35-42

16. Reed et al. (2017) Have integrated landscape approaches reconciled societal &environmental issues in the tropics? Land Use Policy 63: 481-492.

17. Oleson KLL et al. (2017) Upstream solutions to coral reef conservation: The pay-off of smart and cooperative decision making. Journal of Environmental Management, 191: 8-18.

Rights for the Boulder Creek Watershed

Carol Jacobs-Carre @ Creative Commons

By Corey Todd and Earth Law Center team

Earth Law Center has partnered with Boulder Rights of Nature (BRON) and other local partners to establish the Boulder Creek Watershed as a legal entity possessing rights. Although ecologically and culturally important to the region, Boulder Creek and its watershed face many water quality and flow threats.

To address these challenges, a local rights of nature law would permanently protect the Boulder Creek Watershed by establishing its fundamental rights, including a legal right to flow, to be free from pollution, to restoration, and others. It would also appoint legal guardians to enforce these rights. With Boulder’s long history of cutting-edge environmental protections, this new legal paradigm could serve as a model for other U.S. communities.

What is a Watershed and Why is it Important?

A watershed is a geographic area in which water flows across the land and drains into a common outlet – such as a stream, river, lake, or ocean. Its area is defined by the continuous ridgelines that form its boundaries.[i]  If you place a drop of water anywhere within a watershed, it will follow gravity downhill towards the same main body of water. A watershed includes all waterways, groundwater, land, and ecosystems therein.

Protecting watersheds is important because they provide water for ecosystem and human needs. Clean, bountiful water with natural flow regimes is essential to thriving plant and animal communities.[ii]  And humans rely upon healthy watersheds for drinking water, agriculture, recreation, and other uses. Without a healthy watershed, all of its inhabitants suffer.

About the Boulder Creek Watershed

The Boulder Creek Watershed is located in Colorado’s Front Range and is approximately 1,447 square miles in size. The watershed encompasses all of the land that drains into Boulder Creek.[iii] In addition to the Town of Boulder, which shares the Creek’s namesake, the other towns located in the watershed are Nederland, Louisville, Lafayette, Erie, Superior, and portions of Arvada, Broomfield, and Frederick .[iv]

Creeks and streams in the Boulder Creek Watershed generally flow from the west (where the Rocky Mountains are located) to the east. Boulder Creek itself flows northeast into Weld County, where it joins St. Vrain Creek and later confluences with the Platt River.[v] The Platt is a tributary of the Mississippi River, which empties into the Gulf of Mexico.[vi]

Map source: http://czo.colorado.edu/html/sites.shtml

Boulder Creek Watershed Biological and Ecological Importance

The Boulder Creek Watershed provides important habitat to numerous native fish species. These include creek chub, fathead minnows, green sunfish, longnose dace, longnose suckers and white suckers. However, many non-native species have also become established within the Boulder Creek Watershed, including a large population of brown trout.

A broad range of other species live in the Boulder Creek Watershed, as well. Local mammal species include mule deer, coyotes, red foxes, yellow-bellied marmots, bobcats, and others. Boulder has a thriving bird population, as well, including the great horned owl and black-billed magpie, as well as warblers, tanagers, and towhees in the summertime. These are only a few examples this region’s incredibly diverse wildlife.

For local communities, Boulder Creek and its tributaries are used for drinking water, irrigation, electricity generation, and recreation.[vii] As to the latter, hundreds of locals descend upon the Creek in July for “Tube To Work Day” – which is just one example of the community’s close connection to its waterways. Local residents frequently fish, hike, swim, and otherwise enjoy Boulder Creek and other local waters.

By kevin [CC BY-SA 3.0 (https://creativecommons.org/licenses/by-sa/3.0)], from Wikimedia Commons

What Threats Does the Boulder Creek Watershed Face?

As the population has grown in the Boulder Creek Watershed, potential water-quality effects from urbanization have increased.[viii] Conversion of forest and agricultural land to urban land use has resulted in an increased impervious surface area, which causes rain and melted snow to travel quickly to streams as surface-water runoff, carrying sediment and accumulated contaminants.[ix] Construction also contributes sediment to streams if the runoff is not controlled.[x]

Increased population also means more wastewater, which contributes nutrients and organic contaminants to streams.[xi] Impacts of wastewater in the Boulder Creek Watershed include:

• Increased algae blooms, which take up all the oxygen in the water leaving none left for other life in the water – called eutrophication.[xii]

• The presence of organic wastewater contaminants, such as pharmaceutical drugs, hormones, and cleaning products, which are generally not regulated. Unfortunately, all of these have been found in Boulder Creek.[xiii]

• Elevated levels of Escherichia coli (E. coli), a fecal indicator bacteria, which are present in portions of both the urban and agricultural areas of the watershed.[xiv]

Other threats to local waterways include low flows, high temperature, channelization, harmful dams, an altered flow regime, siltation, and more. While the Boulder Creek Watershed and its waters may appear pristine to visitors, they face many challenges – and these could become even worse as the population continues to grow.

Background on Earth Law: What is it and Why is it Desirable?

Earth Law, including Rights of Nature, is an ethical framework that recognizes nature’s right to exist, thrive and evolve – enabling nature to defend these rights in court, just like humans and corporations can. Earth Law also recognizes that humans and nature are co-members of a larger Earth Community, whose overarching well-being must be paramount.

The Rights of Nature movement embodies the principle that natural communities and species are not merely property to be owned. Instead, they are living entities with certain inalienable legal rights. These rights are not “given” by humans, but rather are inherent to nature’s existence – just as humans possess inherent rights to life, liberty and the pursuit of happiness.

Four rivers now enjoy rights recognition: the Whanganui River in New Zealand, the Atrato River in Colombia, the Villacabamba River in Ecuador and now the Colombian portion of the Amazon. Earth Law Center is firming up half-a-dozen new river initiatives to launch this year.

In support of our campaign to establish rights for all rivers, ELC along with experts worldwide have developed a draft Universal Declaration of River Rights. The Declaration draws from victories for the rights of rivers worldwide, as well as scientific understandings of healthy river systems.

Rights of the Boulder Creek Watershed Campaign

Boulder Rights of Nature (BRON) in partnership with Earth Law Center and other local partners seeks legal rights for the Boulder Creek Watershed through a new local law. This would make it the first watershed in the United States to be recognized as a living entity possessing legal rights.

The fundamental rights that would be possessed by the Boulder Creek Watershed and all waters therein would include, at minimum:

(1) The right to flow,

(2) The right to perform essential functions within its ecosystem,

(3) The right to be free from pollution,

(4) The right to feed and be fed by sustainable aquifers,

(5) The right to native biodiversity, and

(6) The right to restoration.[xv]

Through this new legal paradigm, the Boulder Creek Watershed could be restored to health and permanently protected as a right, rather than its protection being dependent on the political and economic tides. Giving the watershed legal rights would not only benefit local ecosystems, but also humans that rely upon and enjoy Boulder Creek and its watershed.

The law would also call for the appointment of one or more legal guardians of the Boulder Creek Watershed to oversee its rights and interests. These legal guardians would act on the watershed’s behalf in legal proceedings and ensure that it is fairly represented in the local democratic process.

Boulder County and its residents understand the importance of protecting nature. After all, it has protected some 45,000 acres of open space. And with some 151 public trails, the local community has a very strong connection to its natural splendor.

So will Boulder take the next step in its environmental protections by recognizing the rights of the Boulder Creek Watershed?  If so, Boulder could become a model for other communities that wish to create new laws that protect nature as a partner on our shared planet, not as mere property. We look forward to seeing the benefits of this emerging paradigm in Boulder and across the world.

Join the Global movement

• Stay informed of Earth Law Center

• Volunteer with ELC

• Support ELC

• Contact ELC if you want to work on your own river rights campaign

More on Earth Law Center

Earth Law Center works to transform the law to recognize, honor, and protect nature’s inherent rights to exist, thrive and evolve.

We do this by building a force of advocates for nature's rights at local and international levels. We partner with local organizations create new laws that recognize rights of rivers, oceans, coastal and land ecosystems. www.earthlawcenter.org

More on Boulder Rights of Nature

Boulder Creek Rights of Nature is a leading advocate for nature’s rights in Boulder County. While successfully advocating for stronger environmental policies in Boulder County, BRON also launched a successful documentary series and host regular talks on local rights of nature issues. Earth Law Center is a member of BRON.

Boulder Rights of Nature is working to get rights of nature established as law in one or more jurisdictions in Boulder County and elsewhere.[xvi] In this work, they are aligned with hundreds of community organizations across the country. (To see a draft of their ordinance, click here.) For example, BRON is researching legal frameworks to protect Boulder Creek and Coal Creek with their naturally occurring species.

In addition to BRON’s noble cause of establishing Rights of Nature within the Boulder Creek Watershed and establishing a precedent for water rights around the country, they are active members of the Boulder community. For Example, BRON has established a film series entitled “Plights of Grassland Birds – Boulder Rights of Nature Film Series.”[xvii] The PLIGHT of GRASSLAND BIRDS follows the migratory path of these birds across the Americas to explore why these species are declining faster than any other group of birds, and what’s being done to reverse the trend.[xviii] Additionally, BRON routinely holds public speaking events that are open to the public. For a list of upcoming events, signing up to action alerts and event notifications, and additional information on BRON, visit http://boulderrightsofnature.org/

---

[i] Watershed Management.” Water Quality Monitoring Efforts, dep.wv.gov/WWE/watershed/Pages/watershed_management.aspx.

[ii] “Watersheds 101.” The Nature Conservancy, May 2018, www.nature.org/ourinitiatives/regions/northamerica/unitedstates/indiana/journeywithnature/watersheds-101.xml.

[iii] Id

[iv] Id

[v] Id

[vi] Id

[vii] Id at 30

[viii] Id at 29

[ix] Id

[x] Id

[xi] Id

[xii] https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4997450/

[xiii] Id

[xiv] https://www.natureindex.com/institution-outputs/united-states-of-america-usa/usgc-water-quality-of-the-boulder-creek-watershed-colorado/58d49127140ba00a3f8b456a

[xv] https://www.earthlawcenter.org/blog-entries/2017/9/zbqocjwq4cd3htclznxw1gmxf291ic

[xvi] “Boulder Rights of Nature - Establishing Legal Rights for Naturally Functioning Ecosystems and Native Species.” Boulder Rights of Nature, 2018, boulderrightsofnature.org/.

[xvii] “Grassland Birds – Boulder Rights of Nature Film Series.” Boulder Dot Earth, “Watersheds 101.” The Nature Conservancy, May 2018, www.nature.org/ourinitiatives/regions/northamerica/unitedstates/indiana/journeywithnature/watersheds-101.xml.

[xviii] Id

Rights for the Southern Resident Killer Whales

Source: NOAA (http://www.afsc.noaa.gov/Quarterly/amj2005/divrptsNMML3.html)

By Michelle Bender and Darlene Lee

Earth Law Center is partnering with Legal Rights for the Salish Sea (Gig Harbor community group), the Nonhuman Rights Project and PETA to seek rights recognition for the endangered Southern Resident Killer Whale population and the Salish Sea.

A Brief Primer on Orcas

Most of us easily recognize the distinctive black and white coloring of Orca Whales. But did you know that they are the largest member of the 35 species in the oceanic dolphin family, which first appeared about 11 million years ago?[i] Considering Homo Sapiens have been on Earth just 200,000 years[ii], perhaps our perspective on these highly intelligent and social fellow Earthlings needs to evolve.
"Whales represent the most spectacularly successful invasion of oceans by a mammalian lineage," said Michael Alfaro, UCLA assistant professor of ecology and evolutionary biology. "They are often at the top of the food chain and are major players in whatever ecosystem they are in. They are the biggest animals that have ever lived. Cetaceans (which include whales, as well as dolphins and porpoises) are the mammals that can go to the deepest depths in the oceans.[iii]

Unlike other whales who have shrunk in size over time, Orcas have become larger over the last 10 million years. Also unlike other whales, they eat mammals, including other whales. "If we look at rates of body-size evolution throughout the whale family tree, the rate of body-size evolution in the killer whale is the fastest," Graham Slater, a National Science Foundation–funded UCLA postdoctoral scholar in Alfaro's laboratory said.[iv]

Contrary to their reputation in popular culture and the much-publicized attacks by captive Orcas, no recorded case of a free-ranging orca ever harming a human exists. Even when orca mothers are violently pushed away with sharp poles so their young can be wrestled into nets and loaded onto trucks, they have never attacked a human being.[v]

Types of Orca Clans

The IUCN reported in 2008, "The taxonomy of this genus is clearly in need of review, and it is likely that O. orca will be split into a number of different species or at least subspecies over the next few years." The three types include[vi]:

• Resident: Feeding on fish and squid, these Orcas live in complex and cohesive family groups called pods. They visit the same areas consistently. British Columbia and Washington resident populations are amongst the most intensively studied marine mammals anywhere in the world. Transients and residents live in the same areas, but avoid each other.

Source: NOAA

• Transient: The diets of these whales consist almost exclusively of marine mammals. Transients generally travel in small groups, usually of two to six animals, and have less persistent family bonds than residents. Transients vocalize in less variable and less complex dialects. Transients roam widely along the coast. Transients are also referred to as Bigg's killer whale in honor of cetologist Michael Bigg.

• Offshore: These orcas travel far from shore and feed primarily on schooling fish and may also eat mammals and sharks. Offshores typically congregate in groups of 20–75, with occasional sightings of larger groups of up to 200. Little is known about their habits, but they are genetically distinct from residents and transients. Offshores appear to be smaller than the others.[vii]

Orcas have a brain part that humans don’t

https://blog.seattlepi.com/candacewhiting/2009/07/13/orca-brains-are-large-and-complex/ Creative Commons

Not only do they have their well-documented senses of humor and empathy and mischievousness, Orcas possess a paralimbic cleft which "may enable some brain function we can't even envision because we lack it," David Neiwert writes in Of Orcas and Men, his breathtaking survey of orca science, folklore, and mystery. "Scientists who examine their brains are often astonished at just how heavily folded these brains are."

The more wrinkles and folds a brain has, the more data it can handle and the faster it can process information. This dense folding is called gyrification, and orcas have "the most gyrified brain on the planet." Their gyrencephaly index is 5.7 compared to human beings' 2.2.

Scientists have also found highly developed parts of the orca brain they believe are associated with emotional learning, long-term memory, self- awareness, and focus.[viii]

More about the Southern Resident Orcas

As of June 2018, only 75 Southern Resident Orcas remain: J pod has 23 members; K pod has 18; and L pod has 34.[ix]

Dr. Michael Bigg, who pioneered field research on orcas in the early 1970's first coined the name. The three Southern resident pods, known as J, K and L pods, usually travel, forage and socialize throughout the inland waters of the Salish Sea (Puget Sound, the San Juan Islands, and Georgia Strait) from late spring through late summer seeking chinook salmon, which provide about 80% of their diet. [x] 

An extended family forms the Southern Resident community. Both male and female offspring remain near their mothers throughout their lives. The average size of a matriline is 5.5 animals. Because females can reach age 90, as many as four generations travel together. [xi]  No other mammal known to science maintains lifetime contact between mothers and offspring of both genders. Unlike all other mammals except humans, orca females may survive up to five decades beyond their reproductive years.[xii]

These matrilineal groups are highly stable. Individuals separate for only a few hours at a time, to mate or forage. Each individual has a unique fin shape, markings and color patterns. When Southern resident pods join together after a separation of a few days or a few months, they often engage in "greeting" behavior. With one exception, a killer whale named Luna, no permanent separation of an individual from a resident matriline has been recorded. [xiii]

Securing Orca Rights

When an individual is removed from his or her home by force, imprisoned, made to work, and forever denied their freedom, it’s called “slavery.” In October 2011, PETA filed a lawsuit against SeaWorld on behalf of five wild-captured orcas seeking a declaration that these five orcas are slaves and subjected to involuntary servitude in violation of the 13th Amendment to the U.S. Constitution. Joined by three orca experts and two former SeaWorld trainers, PETA’s lawsuit asserts that the conditions under which these orcas live constitute the very definition of slavery.[xiv]

PETA’s briefs cited more than 200 years of U.S. Supreme Court precedent, including such landmark cases as Dred Scott, Brown v. Board of Education, and Loving v. Virginia, to establish that the orcas’ species does not deny them the right to be free under the 13th Amendment and that long-established prejudice does not determine constitutional rights. Harvard law professor and constitutional scholar Laurence H. Tribe said: “People may well look back on this lawsuit and see in it a perceptive glimpse into a future of greater compassion for species other than our own.”[xv] (read the full review article here: http://www.mediapeta.com/peta/PDF/FW-13th-Amendment-Law-Review.pdf).

Blackfish the film captures public attention

https://www.youtube.com/watch?v=PmRv4kIul38

In January 2013, the documentary Blackfish premiered at the Sundance Film Festival, telling the story about Tilikum, a performing killer whale that killed several people while in captivity.[xvi] A little more than three years later (a period marked by sustained activism, multi-platform distribution, and media coverage) SeaWorld officially announced on March 17, 2016 that it will officially end its orca breeding program and end orca shows at all of its theme parks.

By 2015, the stock price of SeaWorld had declined by 84 percent.[xvii] A California state lawmaker proposed legislation in April 2014 that called to ban California aquatic parks from featuring orcas in performances; although the proposed law was unsuccessful, it garnered national media coverage.[xviii]

In January 2017, Seaworld San Diego held its last Orca show, prompted by years of outcry and falling attendance.[xix] Parks in Orlando and San Antonio will end their shows by 2019.

Southern Resident Orca Rights Initiative

Securing rights for the endangered Southern Resident Killer Whale population can help stave off extinction for these highly intelligent and social animals who are critical to the health of the Salish Sea marine ecosystem. Michelle Bender, Ocean Rights Manager, notes, 

“To truly protect Southern Resident killer whales, now and in the long term, we urgently need to recognize and codify their rights. Scientific studies and human experience of these animals have made clear that they are self-aware and autonomous, with complex emotional and social lives—and we humans are the cause of their endangerment. As autonomous beings, Southern Resident killer whales cannot survive, much less thrive, without legislation that protects their habitat as a matter of right and ensures that human activities do not infringe on their bodily liberty and integrity and prevent them from living life as they were meant to: freely in the open ocean, with an ample supply of their natural food source and without pollutants in their bodies. A rights ordinance is, without a doubt, the best way to do this,” notes Courtney Fern, the Nonhuman Rights Project’s Director of Government Relations.

Lawyer Elizabeth M. Dunne, Esq. who focuses on advancing and defending the rights of local communities and ecosystems in partnership with the Community Environmental Legal Defense Fund is part of the larger consortium ELC is building to secure rights for the Salish Sea. She notes:

"Our current anthropocentric (human centered) legal system is out of line with our ecological reality. Recognizing that nature has rights harmonizes our legal system with what we know to be true -- humans cannot dominate, and quite literally issue “permits” to destroy (as provided by environmental regulations), our natural and animal communities without severe consequences. With the understanding that non-human inhabitants of the Earth, such as the southern resident orcas, are sentient beings comes the recognition that they, too, have rights. Not as “persons”, but in their own right as living beings with whom we co-exist. Recognizing that the southern resident orcas have enforceable rights in their own right is critical to their continued existence. With only 75 left, it is self-evident that legislation, such as the Endangered Species Act, has largely failed them. Indeed, our entire legal structure has failed them, and us, by perpetuating the delusion that it is only humans (and corporations) who have rights. I hope that we all intuitively know that by killing life on this planet, we are killing ourselves, and that we cannot thrive in a legal structure that fails to pay heed to our interconnectedness. In dire circumstances lies hope for a paradigm shift."

Story Map

To view the text for each slide click the i icon on the top right and the bottom arrows to navigate. Click here to open in a new tab.

Act today to save the Southern Resident Killer Whales!

• Stay informed

• Volunteer

• Donate

More about the Southern Resident killer whale Coalition Partners

The Nonhuman Rights Project (NHRP) is the only civil rights organization in the United States working through litigation, public policy advocacy, and education to secure legally recognized fundamental rights for nonhuman animals. https://www.nonhumanrights.org/

People for the Ethical Treatment of Animals (PETA) is the largest animal rights organization in the world, with more than 6.5 million members and supporters. PETA focuses its attention on the four areas in which the largest numbers of animals suffer the most intensely for the longest periods of time: in the food industry, in the clothing trade, in laboratories, and in the entertainment industry. PETA works through public education, cruelty investigations, research, animal rescue, legislation, special events, celebrity involvement, and protest campaigns. https://www.peta.org

---

[i] https://en.wikipedia.org/wiki/Killer_whale

[ii] https://www.npr.org/sections/13.7/2012/09/11/160934187/for-how-long-have-we-been-human

[iii] http://newsroom.ucla.edu/releases/ucla-biologists-report-how-whales-159231

[iv] http://www.dailygalaxy.com/my_weblog/2010/06/whale-evolution-a-snapshot-of-planet-earth-from-55-million-bc-to-present.html

[v] https://www.orcanetwork.org/Main/index.php?categories_file=Natural%20History%20of%20Orcas%20-%20Part%201

[vi] http://us.whales.org/wdc-in-action/meet-different-types-of-orca

[vii] https://en.wikipedia.org/wiki/Killer_whale

[viii] https://www.thestranger.com/books/feature/2015/08/05/22646533/orcas-have-ruled-the-planet-longer-than-we-have-and-theyre-smarter-than-we-know

[ix] https://www.orcanetwork.org/Main/index.php?categories_file=Births%20and%20Deaths

[x] https://www.thestranger.com/books/feature/2015/08/05/22646533/orcas-have-ruled-the-planet-longer-than-we-have-and-theyre-smarter-than-we-know

[xi] https://www.thestranger.com/books/feature/2015/08/05/22646533/orcas-have-ruled-the-planet-longer-than-we-have-and-theyre-smarter-than-we-know

[xii] https://www.thestranger.com/books/feature/2015/08/05/22646533/orcas-have-ruled-the-planet-longer-than-we-have-and-theyre-smarter-than-we-know

[xiii] https://www.thestranger.com/books/feature/2015/08/05/22646533/orcas-have-ruled-the-planet-longer-than-we-have-and-theyre-smarter-than-we-know

[xiv] https://www.peta.org/features/wild-captured-orcas-make-legal-history/

[xv] https://www.seaworldofhurt.com/features/court-case-seaworld/

[xvi] http://www.blackfishmovie.com/about

[xvii] http://time.com/3987998/seaworlds-profits-drop-84-after-blackfish-documentary/

[xviii] https://www.usatoday.com/story/news/nation-now/2014/03/07/san-diego-seaworld-orca-shows/6162331/

[xix] https://www.cnbc.com/2017/01/07/seaworld-san-diego-ending-killer-whale-shows.htm

Earth Law for the Indus River

River Indus near Skardu (Pakistan) By Kogo - photo taken by Kogo, GFDL, https://commons.wikimedia.org/w/index.php?curid=421282

By Francesca Sparaco and Earth Law Center staff

Earth Law Center and our partner Pakistan Fisherfolk Forum are seeking legal rights for the Pakistani portion of the Indus River.

Humans have depended on the Indus River for millennia

The longest river in Pakistan, the Indus River also ranks as one of the largest in Asia. It originates in Tibet at the junction of the Sengge Zangbo River and the Gar Tsangpo River and flows from Mount Kailash in the Himalayas. Springs from melting glaciers feed the river.[i]

Civilizations have thrived near the Indus River for nearly 8,000. There is evidence of religious practices dating back to about 5500 BCE (“before the common era”) in the Indus Valley. Farming practices began in the area at about 4000 BCE, and uban development one thousand years later at about 3000 BCE. Known as the “Indus Valley Civilization,” these people may have numbered over 5 million people at their peak. 

Ten Indus Signs, dubbed Dholavira. Reproduced under Creative Commons 3.0

Although they left a system of writing, it remains undeciphered – accounting for the little knowledge we have about the Indus Valley Civilization.
Today, the Indus provides water needed by Pakistan to thrive, including by supporting agriculture in the Punjab province – known as the breadbasket of Pakistan – and supplying drinking water to much of the country. The Indus also supports diverse aquatic ecosystems that include some 150 fish species and 25 amphibian species, including 22 that are endemic to the area.

Threats to the Indus River 

The Indus River and the Indus Delta are under threat from reduced flows, dam and canal construction, mangrove clearing and other habitat destruction, reduced sediment load, and severe pollution. Together, these impacts are severely degrading the health of this crucial river system.

Another negative impact comes from climate change. Rising temperatures and changes in weather patterns result in lost snowpack in the Himalayas, where most of the Indus’ water originates. [ii] Dwindling snowpacks affect rivers around the world; read more here in ELC’s blog about snowpacks.

As the Indus River’s 17 major creeks start to dry out, [iii] a recent study also noted that intrusion of seawater is salinizing drinking water for people living in the delta, also harming riparian plants and aquatic organisms that prefer freshwater.[iv]

Massive dams also present an existential threat to the river and riverside communities. The largest dam on the Indus, the Tarbela Dam, exists upstream of these provinces in the Khyber Pakhtunkhwa region, therefore disrupting the natural cycles of this ancient river. Additionally, as noted by organizations such as the Pakistan Fisherfolk Forum, rural residents that live off of the fish populations of the Indus River have been negatively impacted by dam construction.[v]

A note about Mangroves 

The Indus delta supports the largest arid climate mangroves in the world. Mangroves are evergreen forests between land and sea, occupying large tracts in shallow coasts, estuaries, and deltas. These forests form the backbone of the Indus delta’s delicate ecosystem, providing a breeding ground and food for various species of fish and shrimp.

The survival of Indus delta mangroves is dependent on adequate flows of freshwater from the Indus River as it flows through the delta and into the Arabian Sea.[vi] But dwindling Indus River water flow has led to the loss of about 86% of the mangrove forest cover over the last 30 years.
Other threats to these mangroves include excessive pollution, navigational activities, livestock grazing, erosion, and sea level rise. If action is not taken soon to protect and restore these mangroves, this crucial ecosystem may reach a breaking point.

Meet the Indus River Dolphin

The Indus river dolphin is an endangered species that calls this ecosystem home. It is only one of four river dolphin species worldwide that lives only in freshwater sources.

Today just over 1,000 Indus River Dolphins exist. Their population has declined in large part due to the construction of irrigation canals, which confine them to a 750 mile stretch of the river (an 80% decline from their original range[vii]) and divide the dolphins into isolated populations.[viii] The canals degrade their habitat, impede migration, and strand dolphins.[ix] The muddiness of the river renders the dolphins practically blind, so they can only communicate and find food through echolocation.[x]

An innovative solution: Earth Law

Source: WWF Pakistan https://www.worldwildlife.org/species/indus-river-dolphin

Despite decades of environmental laws and treaties, our planet’s health continues to decline. One fundamental flaw is that under the present system, the environment has no voice in decision-making and cannot bring issues to court.[xi]

Our current laws protect nature only for the benefit of people and corporations, which means that economic outcomes typically overshadow environmental consequences. Even when environmental issues are brought to court, people have to prove that the damage infringes on their own rights, since the environment has no rights itself.

Earth Law presents a solution to this flawed system. Earth Law is an ethical framework that recognizes nature’s right to exist, thrive and evolve – enabling nature to defend these rights in court, just like corporations can. [xii]

What does this mean in practice? Earth Law will enable people to defend nature in the courts for the sake of nature itself. Earth Law also aims to protect the environment for all creatures. And it ensures true environmental protection via proactive action and effective restoration projects. 

Nature’s rights also benefit human rights.  Where the environment is harmed, people suffer from disease, violence, and land loss. Therefore, in many situations, both human and environmental rights are supportable without conflict, and indeed would support each other.  ELC has published two reports highlighting the connections between natural and human rights violations. 

How Can Earth Law Help the Indus River?

The Indus River has suffered from severe declines and continues to face severe threats. So long as the law treats the Indus River as mere property to be exploited for profit, this waterway will continue to be over-diverted, dammed, and polluted.

To address this threat, Earth Law Center is working with the Pakistan Fisherfolk Forum and partners to give legal rights to the Indus River. Already, we have written a draft “Indus River Rights Act” that is under review by thought leaders in Pakistan.

This draft law recognizes the inherent rights of nature in the River Indus, and recognizes their need to be protected. These fundamental rights of the Indus River include:

• The right to flow;

• The right to perform essential functions within its ecosystem;

• The right to be free from pollution;

• The right to feed and be fed by sustainable aquifers;

• The right to native biodiversity;

• The right to restoration.

When enforced, these rights would prevent the construction of misguided dams on the river. They would shift the public view of the river from property to be divided up to life-giving partner. And they would give the river an opportunity to rebuild its biodiversity.

Earth Law places guardianship over the river in the hands of local community members in partnership with government. These guardians will be able to represent the Indus River in legal proceedings, enter into contracts on behalf of the Indus River, and take other actions necessary to protect the river.

Earth Law already exists

Two countries, Ecuador and Bolivia, are leading the way in Earth Law, where ecosystems have rights just as people and corporations do.

In Ecuador, the Quechua hold a united worldview of humans and nature, where both belong to an interdependent global community. This perspective inspired the 2008 revised Ecuadorian constitution, which reads: "We ... hereby decide to build a new form of public coexistence, in diversity and in harmony with nature, to achieve the good way of living." Similarly, Bolivia grants Mother Earth the right to life and regeneration, biodiversity, clean water and air, and restoration, among others.

Local governments have also stepped up legal protections for their environments. The Whanganui River in New Zealand has appointed guardians who have a responsibility to protect the River and act as its voice. The Atrato River in Columbia has legally been granted rights to “protection, conservation, maintenance and restoration.” Numerous municipalities in the United States have enacted environmental legislation, including Santa Monica, CA, with the help of ELC.

From an international perspective, the United Nations General Assembly adopted its first resolution on Harmony with Nature in 2009.  Harmony with Nature works to construct a new paradigm of our relationship with Nature in a non-anthropocentric way. It catalogs member states’ law and policies securing Rights of Nature.
 
If enough people support Earth Law, change will happen quickly.  ELC is part of a growing group of concerned citizens who are committed to making Earth Law the next movement for change.

Act today and join the growing global movement of Earth Law:

• Stay informed

• Volunteer

• Donate

Visit www.earthlawcenter.org for more details.

---

[i] http://www.newworldencyclopedia.org/entry/Indus_River.

[ii] http://wwf.panda.org/our_work/water/freshwater_problems/river_decline/10_rivers_risk/indus/indus_threats/

[iii] https://qz.com/india/448049/the-slow-and-dangerous-death-of-pakistans-indus-river-delta/

[iv] https://tribune.com.pk/story/995886/water-matters-threats-to-indus-delta-have-wider-implications-says-experts/

[v] http://pff.org.pk/

[vi] http://www.naun.org/main/NAUN/geology/ijgeo-06.pdf

[vii] https://www.sciencedirect.com/science/article/pii/S0006320715300999

[viii] https://www.worldwildlife.org/species/indus-river-dolphin

[ix] http://wwf.panda.org/knowledge_hub/endangered_species/cetaceans/about/river_dolphins/indus_river_dolphin/irdolphin_threats/

[x] http://www.discoverwildlife.com/animals/what-echolocation

[xi] https://www.earthlawcenter.org/faq/

[xii] https://www.earthlawcenter.org/

Earth Law: Reflecting the Interconnectedness of Nature

“It is a great testimony to the connectedness of life on earth that the fates of the largest and the tiniest life should be so closely dependent on each other.” 
― Steven Johnson, The Ghost Map: The Story of London's Most Terrifying Epidemic - and How It Changed Science, Cities, and the Modern World[i]

Forest Osaka Japan by Laitche @ Wikimedia Common

Reconnecting humans with nature

Developed in Japan during the 80’s, shinrin-yoku (forest bathing) promises health benefits simply by spending time under the canopy of a living forest. The idea is simple: if a person simply visits a natural area and walks in a relaxed way there are calming, rejuvenating and restorative benefits to be achieved.[ii]

But it’s not just in Japan. Canadian experts Nisbet and Zelenski created a Nature Relatedness scale to assess affective, cognitive and experiential aspects of people’s connection to nature. The authors believe that disconnection from the natural world may be contributing to our planet’s destruction. Knowing your place in nature instead could bring meaning and joy.[iii]

Ecopsychology studies the relationship between human beings and the natural world through ecological and psychological principles.[iv] The field seeks to develop and understand ways of expanding the emotional connection between individuals and the natural world, as part of an ongoing and practical healing mission that recognizes and honors that the health of the individual human psyche depends upon the collective health of all the kingdoms of life on Earth.[v]

Respecting marine ecosystem interconnections: Krill

http://www.krillfacts.org/1-krill-facts-center.html

Just two inches long, these small invertebrates fuel Earth’s marine ecosystems. Antarctic krill are one of the most abundant animal species, there are about 500 million tons of krill in the Southern Ocean.[vi]

Krill feed on phytoplankton, microscopic, single-celled plants that drift near the ocean’s surface and live off carbon dioxide and the sun’s rays.[vii] In turn, whales, seals, penguins, squid and fish eat krill – at levels which are replaced by growth and reproduction. Most krill species display large daily vertical migrations, thus providing food for predators near the surface at night and in deeper waters during the day.[viii]

Warming oceans have caused a 40%+ drop in Antarctic krill populations[ix] on top of threats from human overfishing. Although krill are not often used for human food, demand has soared for krill as feed for farmed fish, nutritional supplements, and other products.[x] This has disastrous consequences for entire marine ecosystems, which depend on krill for their well-being.

A study co-authored by George Watters, lead scientist for the US government delegation to the Antarctic decision-making body Convention for the Conservation of Antarctic Marine Living Resources (CCAMLR), warns that the penguin population could drop by almost a third by the end of the century due to reductions in krill biomass.[xi]

Respecting forest ecosystem connections: Fungi

On land, one of the most vital species to forest ecosystem health is one that humans rarely notice: the fungus. Fungi that play a vital role in the forest ecosystem by cycling energy cycling within, and between, ecosystems.[xii]

Amanita muscaria (fly agaric), Norway MichaelMaggs

The one you probably know best are mushrooms[xiii]. Fungi protect trees by forming a sheath on the root-tip and stimulating root-tip production. They help capture water and nutrients such as phosphorus and nitrogen from the soil to sustain the life of the plant. The fungi receive sugar from the tree in exchange.

Because mushrooms have no means of dispersing their spores on their own, they have developed odors to attract animals to eat them.[xiv] When trees are cleared for farming, “up to 99 percent of soil-borne fungi species will disappear”.[xv] When part of this system is weakened, the entire system is impacted. Deforestation disrupts the essential connection between the trees, the fungi, and the animals.

A Holistic Management approach to farming considers what is beneath the soil, above the soil, and in the air and specifically how actions today can change the land in a more positive manner.  Holistic Management has been successful in many different environments around the world by recognizing the interconnectedness of nature.[xvi]

Growing Trends of Nature Connectedness Behavior

The latest research demonstrates that nature connectedness (at a subjective level) is a reliable predictor of environmental behaviors.[xvii] For instance, nature relatedness was found to relate to concern for the environment, as people who scored high on nature relatedness were also more likely to belong to environmental organizations, and declare themselves environmentalists.[xviii]] 

High nature related people at the trait level (or individuals scoring high on one of the subscales of nature relatedness) were also more likely to self-report the following activities:[xix]]

File:Apivegetarianismwiki

• buying organic foods and products

• buying fair-trade products

• having a pet

• being a vegan

• actually spending more time in nature

Research has shown that individuals who think ahead and consider future events (individuals with a high consideration of future consequences) are more environmentally friendly. These individuals also show more concern for the environment and are more critical of environmental damage.[xx]

Although you might not be seeing in the news, these trends are picking up steam globally:

• Veganism: 7% of the UK population has gone plant-based[xxi], 6% of the US population now identifies as vegan – a 600% increase since 2014[xxii] (over 10% of Germans self-identify as vegetarian or vegan[xxiii])

• Pet ownership: An estimated 68% of households in the US own a pet[xxiv] (60% dogs, 40% cats[xxv]) while Argentinians love dogs most with 66% of households having a dog as a pet[xxvi

• Fair Trade products have grown from Euros 832 million in 2004 to Euros 7.8 billion in 2016.[xxvii]

How Earth Law evolves legal protection of this interconnectedness

Earth Law, including Rights of Nature, provides an ethical framework that recognizes nature’s right to exist, thrive and evolve - enabling nature to defend these rights in court. By focusing on ecosystems and species, Earth Law takes a holistic approach to addressing the environmental challenges of our day.

In the same way that species connect with each other to form flourishing ecosystems, Earth Law Center aims to connect with local communities and organizations to secure rights for local ecosystems and species. The Rights of Nature movement also serves to connect many related missions to protect the natural environment.

Despite decades of environmental legislation, Earth’s health continues to decline. Under the present system, the environment has no voice in decision-making and cannot bring issues to court.  Our current laws protect nature only for the benefit of people and corporations, which means that economic outcomes typically overshadow environmental consequences. Even when environmental issues are brought to court, people have to prove that the damage infringes on their own rights, since the environment has no rights itself.

In most countries, nature has the legal status of property.  In contrast, Earth Law argues that nature has inherent rights, and legally should have the same protection as people and corporations. Earth Law will enable the defense of the environment in court—not only for the benefit of people, but for the sake of nature itself.
Earth Law will enable people to defend nature in the courts for the sake of nature itself. Earth Law aims to protect the environment for all creatures.  It ensures true environmental protection via proactive action and effective restoration projects.

How you can get involved

With your help, we can restore our natural environment to health and balance. Act today and join this growing global movement.

Stay informed by signing up for ELC’s monthly newsletter

Volunteer for an initiative you care most about

Donate to help evolve protection of the natural world

---

[i] https://www.goodreads.com/quotes/tag/interconnectedness

[ii] http://www.shinrin-yoku.org/shinrin-yoku.html

[iii] http://journals.sagepub.com/doi/abs/10.1177/0013916508318748

[iv] Anderson, G. "About eco-psychology".

[v] http://www.soulcraft.co/essays/ecopsychology.html

[vi] http://www.krillfacts.org/1-krill-facts-center.html

[vii] https://www.nationalgeographic.com/animals/invertebrates/group/krill/

[viii] https://en.wikipedia.org/wiki/Krill

[ix] http://journals.plos.org/plosone/article?id=10.1371/journal.pone.0191011

[x] https://www.asoc.org/advocacy/krill-conservation

[xi] https://www.theguardian.com/environment/2018/feb/14/decline-in-krill-threatens-antarctic-wildlife-from-whales-to-penguins

[xii] https://sciencing.com/fungi-contribute-ecosystem-21989.html

[xiii] http://espacepourlavie.ca/en/role-mushrooms-nature

[xiv] Maser, Chris. Ancient Forests, Priceless Treasures. Restoration Forestry: An International Guide to Sustainable Forestry Practices. Edited by Michael Pilarski. Kivaki Pr, 1994.

[xv] Thomas, Abbie. "Native truffles are fun guys." ABC Science, http://www.abc.net.au/science/articles/2002/06/06/2589354.htm (accessed August 6, 2012).

[xvi] http://www.planet-tech.com/blog/interconnectedness-nature-truffles-united-states-and-australia

[xvii] Mayer, F. S., & Frantz, C. M. (2004). The nature connectedness scale: A measure of individuals' feeling in community with nature. Journal of Environmental Psychology, 24, 503-515

[xviii] Nisbet, E. K., Zelenski, J. A., & Murphy, S. A. (2009). "The nature relatedness scale: Linking individuals' connection with nature to environmental concern and behavior". Environment and Behaviour, 41, 715-740.

[xix] https://en.wikipedia.org/wiki/Nature_connectedness

[xx] Strathman, A., Gleicher, F., Boninger, D.S. & Edwards, C. S. (1994) The consideration of future consequences: Weighing immediate and distant outcomes of behavior. Journal of Personality and Social Psychology, 66, 742-752.

[xxi] https://www.independent.co.uk/life-style/food-and-drink/vegans-uk-rise-popularity-plant-based-diets-veganism-figures-survey-compare-the-market-a8286471.html

[xxii] http://www.onegreenplanet.org/news/six-percent-of-americans-identify-as-vegan/

[xxiii] http://organic-market.info/news-in-brief-and-reports-article/germany-9-3-million-vegetarians-and-vegans.html

[xxiv] https://www.statista.com/statistics/198086/us-household-penetration-rates-for-pet-owning-since-2007/

[xxv] https://www.iii.org/fact-statistic/facts-statistics-pet-statistics

[xxvi] https://www.apertura.com/lifestyle/Why-there-are-so-many-dogs-in-Argentina-20170217-0006.html

[xxvii] https://www.statista.com/statistics/271354/revenue-of-fair-trade-products-worldwide-since-2004/

How Earth Law Supports Indigenous Views of Nature

Photo by Michelle Bender

By Michelle Bender, on the homeland of the Coast Salish Peoples

 As defined by the United Nations: Indigenous communities, peoples and nations are those which, having a historical continuity with pre-invasion and pre-colonial societies that developed on their territories, consider themselves distinct from other sectors of the societies now prevailing on those territories, or parts of them. [1]

Protecting Mother Earth Conference

Hosted by the LSqualli-Absch, the Nisqually People (People of the River, People of the Grass) and held within the territories of the Nisqually Nation, near Olympia, Washington [2] – the 17th Protecting Mother Earth (PME) Conference from June 28 to July 1, 2018 gathered indigenous nation representatives from around the world. One and a half thousand Indigenous Peoples, leaders, activists, youth, partners and allies joined together to learn and build relationships.

Indigenous-initiated, designed and led, the conference intended to share voices from the frontline battles against environmental injustice and climate change. The conference was held at Frank’s Landing, an empowering location due to hero Billy Frank standing up for his tribe’s treaty and fishing rights, and as a result being arrested over 70 times throughout his life.

I attended the PME Conference and came away with a new understanding and deep appreciation for the work and struggle of Indigenous people worldwide. I heard the stories of indigenous peoples and allies from across the globe; from the United States to Canada, to Brazil and Ecuador, to New Zealand and France.

• In North Dakota, the Standing Rock Sioux tribe continue their struggle to protect water and culture. [3] Both the U.N. Special Rapporteur on the rights of indigenous peoples and the U.N. Permanent Forum on Indigenous Issues condemned the U.S.’s failure to adequately consult the Standing Rock Sioux Tribe.

• The Apurina nation, along with many others, work to stave off logging in the Brazilian Amazonian rainforest, [4] in a country that has lost an estimated 20% of its forest already. [5] Ecuador representatives also spoke on the threats from logging, agriculture and false solutions to climate change (REDD).

• The Asubpeeschoseewagong First Nation, also known as Grassy Narrows faces resistance in holding Reed Paper mill and the Canadian government and for dumping 10 tons (20,000 pounds) of mercury into the Wabigoon River between 1962 & 1970. [6]

• In Australia, Indigenous peoples are under attack from mining interests, including a mega-coal mine in Queensland. It would be the biggest in the Southern Hemisphere and threatens land, air and water; and

• The ancestral lands of the Otomí Indians of Xochicuautla, Mexico is threatened by development projects, such as mega-highways, and they face human rights abuses such as assault and unjust detainment.

The conference contained deep sessions on Indigenous peoples struggles to protect their rights and Mother Earth from exploitation and extraction, while promoting a “just transition” to a sustainable and renewable society. Though these cultures live thousands of miles away from each other, their stories and struggles stem from the same causes and seek a unifying mesage: environmental justice.

Photo by Michelle Bender

It was truly an honor to be surrounded by such strong, courageous, passionate and influential people- to hear their stories firsthand, feel the emotion, and stand in solidarity. I left the conference more empowered to fulfill the mission of Earth Law Center- to advance earth-centered laws and policies, and community led movements that respect and protect all life on the planet- and to do so alongside our Indigenous allies.

“Powerful relationships were built and strengthened which will extend beyond the conference grounds. In fact, as you read this, Indigenous communities from across the globe are working in unity to mobilize for the Global Climate Action Summit in California where Governor Jerry Brown and corporations will promote and celebrate false climate solutions that further exploit and violate Indigenous Rights.” Indigenous Climate Action, co-host of PME conference.

Indigenous Nations bear the brunt of environmental destruction

Once numbering 13,500 Indigenous nations around the world, there are now 5,000 different cultures- approximately 370 million people. [7] Those that remain face ever increasing threats to their natural environments. [8] At the forefront of the threats are extractive industries: timber and logging, gas and oil, and mineral mining. These industries not only threaten the land, water and air, but Indigenous peoples’ livelihoods and cultures.

In Earth Law Center’s 2017 update report on co-violations of human rights and nature’s rights, 30 percent of examined cases involved harm to Indigenous peoples’ rights, despite their comprising only five percent of the world’s population. Such rights violations include acts of violence, including cases of murder, health effects through contaminated water and land, and “land-grabbing,” taking land without their consent. We remember the case of Billy Frank and the Nisqually tribe, who were told they no longer had rights to fish along the Nisqually River, just as they had done for generations.

Indigenous people worldwide are at the forefront of standing up and defending the Earth. In the traditions of many Indigenous peoples, everything is rooted in their original instructions, or cosmovision. [9] Everything is connected and we are all related. It is our responsibility as humans to live in harmony with Mother Earth, because she is the reason for our being. She is our air, our water, our food and our shelter.

Indigenous perspectives AND Earth Law

One of the plenaries at the conference was on the Rights of Nature. I took particular interest in this discussion because of Earth Law Center’s work to advance this movement and framework of law.

For Indigenous peoples, Rights of Nature is almost an unnecessary concept, because for them, the laws of mother earth, and the connectedness and dependency of every being, is both knowledge and culture. Nature has always been our “source” of life not a “resource.” Nature has always had rights and always will, and with our rights to use Nature- the water, the land- we also have a responsibility to protect it. So, I ask, why do we need Rights of Nature?

Because modern law has lost sight of natural law. Our laws fail to acknowledge that humans are a part of Nature and that the Earth’s systems have limits. Rights of Nature can be seen as a way to fix the inherent flaws in our legal systems. Rights of Nature works to compliment and reorient law around what Indigenous people have always known, but in a way that modern society functions, i.e. “rights.”

Tom Goldtooth, Executive Director of the Indigenous Environmental Network, stated that “we cannot have the recognition of our rights as Indigenous people if we do not recognize the Rights of Nature.”

As we move forward in this movement, it is important to keep this in mind as we draft new laws. If we are going to draft laws recognizing the Rights of Nature, we must first ground ourselves in the relationship, values and beliefs of the communities deeply rooted in this worldview, while honoring and respecting Indigenous rights and sovereignty.

Right of Nature Wins by Indigenous Nations

Maori in New Zealand

In 2013, the Tūhoe people and the New Zealand government agreed upon the Te Urewera Act, giving the Te Urewera National Park “all the rights, powers, duties, and liabilities of a legal person.” A Board was then established to serve as “guardians” of Te Urewera and to protect its interests. The stated purpose of the Act was to protect Te Urewera “for its intrinsic worth,” including its biodiversity and indigenous ecological systems.

By Prankster - Own work, CC0, https://commons.wikimedia.org/w/index.php?curid=23478072

As a result, the government gave up ownership of Te Urewera, and all decisions must serve the interests of and preserve the relationship of the Te Urewera and the Tuhoe people. From a legal standpoint, this legislation is monumental. There is no longer a requirement to demonstrate personal injury in order to protect the land; lawsuits “can be brought on behalf of the land itself.”

Similarly, the Maori people have successfully pursued similar results for the Whanganui River and its tributaries, under the Maori worldview “I am the River and the River is me.” Under the Tutohu Whakatupua Treaty Agreement, the river is given legal status under the name Te Awa Tupua. Te Awa Tupua is recognized as “an indivisible and living whole” and “declared to be a legal person.” Two guardians, one from the Crown and one from a Whanganui River iwi (tribe), will be given the role of protecting the river.

Additionally, these agreements have come with apologies from the Crown and payment for damages caused in the past. In the case of the Whanganui River a “financial redress of NZ$80m is included in the settlement, as well as an additional NZ$1m contribution towards establishing the legal framework for the river.”

Ponca Nation

In early 2018, with the help of ELC partners Movement Rights, the Ponca Nation of Oklahoma became the first tribe in the United States to pass a resolution recognizing the rights of nature. Largely in response to fracking and the exponential increase in earthquakes (almost 500 in 2017 alone), the Ponca Nation is taking a stand for their rights and the rights of Mother Earth.

“We are proud to be moving into the future by honoring our original instructions to respect all life on our Mother Earth,” says Casey Camp-Horinek, Ponca Nation. [10]

One key difference between this resolution and others around the world, is that the Ponca Nation included their right to take arbitrators to their tribal court, not state or federal court. This enables the tribe to more effectively protect their rights and that of their land.

Indigenous leader on the move: Teyuna first US tour

The Teyuna, the Arhuaco, Kankuamo, Kogi, and Wiwa peoples of the Sierra Nevada de Santa Marta region of Colombia, number approximately 40,000.

Over a dozen Teyuna nation leaders will embark on their first-ever tour of the U.S. spanning over 9,400 miles and 40 locations in 16 states from July 10 through September 14, 2018.

“The Teyuna call their home ‘The Heart of the World’. If there’s paradise at the end of the rainbow, they live in it. Nature responds to them. They’re coming to the US because time is running out for denizens of this land to take a more active roll in nurturing and caring for Planet Earth. The Teyuna plan to inspire them to do so. Those born to earth stewardship, specifically the indigenous nations of the US, comprise less then 2% of the population. The Teyuna plan to support them in the selfless service they’ve been providing for thousands of years.” says Mary Gaetjens, Teyuna Foundation President.

New Declaration Highlights the Connection between Indigenous Rights and Nature’s Rights

A French led group, Planete Amazone leads an Indigenous-led Alliance has created “The Declaration of the Alliance of Guardians and Children of Mother Earth” a global call to action for the preservation of the planet. The Declaration calls upon the adoption of solutions that recognize both the rights of indigenous peoples and the rights of Mother Earth. It also gives recommendations for concrete actions that can be implemented that are in line with its principles, including: “Urgently sanctuarize all primary forest spaces of this planet, traditionally under the watch of Indigenous peoples” and ceasing “all world government subsidies to industrialized fisheries.”

As experienced front and center at the PME conference, Indigenous peoples worldwide are leading the charge against environmental destruction. Earth Law and Rights of Nature may help western legal systems embrace and honor Indigenous peoples’ time immemorial understanding about relationship with the Earth. The result’s unfolding are a startling and precedent-setting transformation of legal standards based entirely on Indigenous relationships, values, ethics, and beliefs. 

Earth Law Center helps drive the global movement to stepping up protection of our natural environment by providing legal expertise to help evolve environmental law.

How you can get involved

• Stay informed

• Volunteer

• Donate

---

1. https://www.un.org/development/desa/indigenouspeoples/about-us.html

2. http://www.ienearth.org/pme2018/

3. https://earthjustice.org/blog/2016-november/we-re-missing-90-percent-of-the-dakota-access-pipeline-story

4. https://www.reuters.com/article/us-brazil-landrights-indigenous/amazon-protectors-brazils-indigenous-people-struggle-to-stave-off-loggers-idUSKBN18X1MX

5. http://www.iflscience.com/environment/destruction-amazon-rainforest-visible-space/

6. http://www.cbc.ca/news2/interactives/children-of-the-poisoned-river-mercury-poisoning-grassy-narrows-first-nation/

7. https://stories.undp.org/10-things-we-all-should-know-about-indigenous-people

8. Mindahi Bastida Munoz, director of Otomi-Hñahñu people in Mexico, PME conference, plenary quote

9. Tom Goldtooth, executive director Indigenous Environmental Network at the PME conference

10. http://indigenousagain.com/first-tribe-u-s-recognizes-rights-nature-law/

Rights of Nature Takes Hold in Crestone, Colorado

From Creative Commons

On July 9, 2018, the Town of Crestone’s Board of Trustees unanimously approved a resolution recognizing the rights of nature. With this bold decision, Crestone joined the dozens of communities, cities, nations, and indigenous peoples across the world who recognize nature’s inherent rights.

This historic achievement was the result of a collaborative effort by Crestone’s mayor, government, local experts, and, above all, the community, which has a fervent desire to live in harmony with nature.

About Crestone

Crestone is a vibrant town located in south-central Colorado. While Crestone has only about 150 residents, over 2,000 people live in the greater Crestone-Baca Grande area. Crestone is a spiritual mecca, home to 23 spiritual centers representing Hinduism, Buddhism, Christianity, Native American traditions, and many other belief systems.

But Crestone wasn’t always this way. In the early 1900s, it was a booming gold mining town. But as with many mining booms, it was relatively short lived, and by the late 1940s the frenzy had died down.

The area underwent a major change in 1978 when Maurice Strong – a Canadian businessman and UN diplomat – came to the region and, like many, fell in love with its magnificent wilderness. He purchased a large swathe of land and came up with an unusual idea: to donate land to any spiritual institution that would open up a center.

Soon, a Hindu temple, a Carmelite monastery, a Tibetan Buddhist center, a Zen center, and many others opened their doors. Crestone’s many spiritual centers exist in harmony with each other and commonly incorporate respect for nature into their teachings.

The Nature of the San Luis Valley

Crestone is located in an area of vast natural beauty. The town is tucked away along the rugged Sangre de Cristo Mountains, home to beautiful alpine lakes and diverse wildlife. West of Crestone are another mountain range: the San Juans.

Together, these two mountain ranges enclose two sides of the San Luis Valley –the largest alpine valley in the world at 9,000 square miles, about the size of Connecticut. The Valley supports thriving ecosystems and features a giant confined aquifer that gives life to the region. Some estimate that the aquifer contains 200 times the Colorado River’s annual flow. 

Several rare, threatened, and endangered species call the San Luis Valley home. These include the Gunnison Sage grouse, Rio Grande cutthroat trout, black-footed ferret, Canada lynx, Yellow-billed cuckoo, and the southwest willow flycatcher. Other local wildlife includes elk and mule deer, the sage thrasher, and the Brewer’s sparrow.

Black Footed Ferret from Creative Commons

Behind the Scenes of the Rights of Nature Resolution

The rights of nature movement in Crestone began with initial conversations between Crestone’s Mayor, Kairina Danforth, and Myra L. Jackson, a decades-long Crestone visitor who is also Senior Advisor on Whole Earth Civics for Geoversiv Foundation and an expert on rights of nature. Both share a deep love for Crestone and its natural environment. 

After additional local leaders expressed interest, Crestone invited Earth Law Center (ELC) to speak at a local rights of nature event. One of ELC’s primary goals is to connect and catalyze local partnerships towards advancing the rights of nature, so we were thrilled to participate. ELC has a regional office in Boulder, Colorado, about four hours from Crestone. 

Crestone hosted the rights of nature event at Colorado College Baca Campus on May 18, 2018. Thanks in large part to outreach by the local newspaper, The Crestone Eagle, over 50 community members were in attendance. These included highly respected environmental voices, such as John P. Milton, the pioneering ecologist and spiritual leader who once helped write several foundational U.S. environmental laws.

After ELC presented and held a Q&A, over a dozen community members stayed late to discuss their thoughts on protecting the San Luis Valley. Their deep and genuine interest in protecting nature ultimately fueled the rights of nature resolution that passed just weeks later.

Sample PowerPoint slide from ELC’s presentation

As an aside, the same weekend as its presentation to Crestone, ELC was honored to participate in a local trail building project. ELC’s Directing Attorney, Grant Wilson, teamed up with local outdoors enthusiasts to complete a new trail at the edge of Crestone, giving the community greater access to the outdoors.

Trail-building orientation with local volunteers.

Overall, the community response to rights of nature was very positive. And so several weeks later, Mayor Danforth consulted a team of rights of nature experts to give input on a draft resolution. These experts included Myra L. Jackson, Grant Wilson of ELC, and Marsha Moutrie, the attorney who led the drafting of Santa Monica’s own rights of nature law – the Santa Monica Sustainability Rights Ordinance. 

After finalizing the text, Mayor Danforth introduced the resolution to the Town of Crestone’s Board of Trustees. A spirited conversation ensued, cumulating in a unanimous vote to approve the resolution. It was official: Crestone was now amongst the growing number of governments worldwide that recognize nature’s inherent rights.

What Does the Resolution Say?

Considering the town’s spiritual and ecological splendor, it comes as no surprise that Crestone’s rights of nature resolution itself is inspiring and full of life. For example, the resolution pays homage to the area’s history as a sacred place:

WHEREAS, special recognition of the primacy of this relationship existed in the region long before the town of Crestone was founded, when Native American tribes considered the area to be sacred land and journeyed here for rites of passage seeking insight and rejuvenation.

The resolution also recognizes the longstanding role of humans as environmental stewards:

WHEREAS, today, as in the past, visitors and residents alike receive nourishment, inner peace, and spiritual renewal from the region’s pristine sacred land, and town residents reciprocate these gifts by serving as stewards of the natural environment;

And crucially, the resolution makes a bold commitment to recognizing the rights of nature in Crestone:

…the Town of Crestone does officially recognize that nature, natural ecosystems, communities, and all species possess intrinsic and inalienable rights which must be effectuated to protect life on Earth.

The full resolution is available on Earth Law Center’s Crestone page. It makes an excellent read, particularly if you are interested in using it as a model to advance the rights of nature in your own community.

Next Steps

After recognizing the rights of nature, Crestone will now work to put this new resolution into practice. While it’s up to the town what to do, next steps could include new policies that implement nature’s rights, local sustainability programs, and potentially a legally-binding ordinance. Whatever they do, it will be certain to further Crestone’s commitment to protecting nature.

Additionally, ELC will use Crestone’s success as a model for other communities. For example, we are creating a community toolkit that includes case studies (such as Crestone), model language, and other tools to inspire the larger rights of nature movement. Myra L. Jackson and other leaders who made Crestone possible are joining us in this work. Together, we can advance a new legal paradigm that protects all life on Earth.

View of the San Luis Valley from Crestone, Colorado

How you can help

• Sign up for the ELC monthly newsletter to stay informed

• Join us and volunteer

• Support us and donate

• Or start a new initiative

---

1. http://www.slvec.org/projects/threatened-and-endangered-species

Earth Law for Angoon, Alaska

By Jaishal Dhimar

For thousands of years, civilizations have organically spurred up near water sources. Of course any civilization near a water source gains use of easy to access shipping routes, but even today with our multitude of planes and highways for ground transport, we humans continue to find the coast home. 39% of the world’s population currently live directly on the shoreline.

As the world’s coastlines recede due to the devastating effects of global warming we see an increase in people living closer to the coastline. Naturally, seafood production and consumption has increased.

The Native Tnglit people of Alaska, whose name translates to “People of The Tides” have called the Southeastern Alaskan shoreline home for thousands of years. Much of their diet consists of local seafood and other native species. As stated in my last blog, much of coastal land was or is owned by private companies.

The Tnglit people are facing an issue from the Green Creaks Mining company. Green Creaks is encroaching on natural land in Hawk Inlet by infesting it with their dumping. This infected water disturbs local fauna, and creatures as far as sixty miles away in Angoon, where a large Tnglit population resides. As coastlines recede more of the dangerous minerals from the mining company is breaching further away from it’s dumping site. We have to re examine policy to keep up with changing environmental systems.

Source: University of Alaska www.uaf.edu/anla/collections/map/

What is Angoon/Hawk Inlet?

Hawk Inlet is a beautiful port considered to be apart of Juneau, Alaska. Hawk Inlet is a key part of Juneau, as not only is it a port, but also used as a nearby airport, and apart of the Admiralty mining district. Hawk Inlet has been a key part of infrastructure for Alaska’s capital, Juneau, for over one hundred years. Without this key district, much of Alaska’s economy would be in shambles, as the mining district is the 5th highest producer of silver in the world, and a huge producer of other materials as well.

Source: John Cobb Field Handbook(University of Washington) content.lib.washington.edu/cobbwebb/index.html

Hawk Inlet has been a port since 1908.

There is one allowed discharger of materials in Hawk Inlet and that is Green Creeks Mine operated by Hecla Green Creeks Mining Company. Green Creaks had an ore spill in 1989 and studies show that there is three times as much mercury in local shellfish, and sediment compared to the rest of the state of Alaska. Many of these creatures travel downstream, and are consumed by seal and other species, who have  been found with excess mercury in their systems.

For reference, fish do often naturally have small amounts of mercury in their system as the Earth’s crust creates mercury organically. However, Alaskan native species are often found to have very little to no mercury in their system. The Green Creeks Mining company is seeking to expand.

Angoon is a gorgeous natural habitat and has the highest density of brown bears and bald eagles in the world. About sixty miles downstream from Hawk Inlet, it is off the beaten trail, Rarely visited by tourists, especially compared to Juneau, but Angoon is home to some of the coastal Tlingit people. Angoon is in protected territory, in the center of the Tongass National forest that could possibly be adversely affected by the pollution coming off from Hawk Inlet.

Figure 1 Source: Carl Chapman "Driving to Alaska" flickr.com/photos/12138336@NO2/1953213698/

The small city of Angoon

The mine is an important economic factor from the mines to Juneau, but the people of Angoon are being directly impacted as well as other people ingesting some of the local seafood. This is only a small fraction of the problem as not only is Hawk Inlet affecting local areas, other mines near Juneau are flowing into tributaries near the Taku River, close to Juneau. Many of these mining companies decide to leak material into the rivers and dealing with the light consequences later. Comments have been made about the Tulsequah Chief Mine, that while the government requests the mining companies clean up their mess, the mining companies either account for the fines and continue to do what they were doing previously, or ignore the requests completely.

Day Trip to Angoon Joseph/Umnak http://www.flickr.com/photos/umnak/

What’s Being Done?

The Tlingit people and other tribes banded together to create a coalition to tackle these problems that impact indigenous people’s way of life. The Angoon Community Association, tackles the various issues that prevent Angoon citizens from having say in issues related to their home and surrounding area, along with being a bastion for community outreach.

I want to thank “Di-kee aan kaawoo” which translates to “Our heavenly Father” for the opportunity to take care of the resource. A quote by Frank Jack, Sr., Tlingit Bear Chief and House Master of the Shanaax Hit (Valley House) of Angoon, Alaska.

The association have multiple demands, including but not limited to,

1. Indigenous peoples have the right to the full enjoyment of all human rights and fundamental freedoms;

2. Indigenous peoples have the right to participate in decision-making in matters which would affect their rights, through representatives chosen by themselves in accordance with their own procedures, as well as to maintain and develop their own indigenous decision making institutions;

3. States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free, prior and informed consent before adopting and implementing legislative or administrative measures that may affect them;

4. Indigenous peoples have the right, without discrimination, to the improvement of their economic and social conditions, including, health;

5. Indigenous peoples have the right to their traditional medicines and to maintain their health practices, including the conservation of their vital medicinal plants, animals and Minerals;

6. Indigenous peoples have the right to maintain and strengthen their distinctive spiritual relationship with their traditionally owned or otherwise occupied and used lands, territories, waters and coastal seas and other resources and to uphold their responsibilities to future generations in this regard;

7. States shall establish and implement a transparent process to recognize and adjudicate the rights of indigenous peoples pertaining to their lands, territories and Resources;

8. Indigenous peoples have the right to redress for the lands, territories and resources which they have traditionally owned or otherwise occupied or used, and which have been confiscated, taken, occupied, used or damaged without their free, prior and informed consent;

9. Indigenous peoples have the right to the conservation and protection of the environment and the productive capacity of their lands or territories and resources; and

10. Indigenous peoples have the right to determine and develop priorities and strategies for the development or use of their lands or territories and other resources.

In short, the people of indigenous demand retribution for not only themselves, but the land that has been abused, ask for representation in future projects relating to their territory or resource, and have the right to their traditional culture.

What Would Earth Law Look Like For Angoon?

Option 1: Amendment of Angoon Community Association Constitution

ELC can assist in drafting amendments to the “Constitution and By-laws of the Angoon Community Association Alaska.” Ratified in 1939, the law can be amended to adapt to the present times and to provide a stronger foundation to protect indigenous and nature’s rights. ELC partners Movement Rights and CELDF have helped the Ho-Chunk Nation and Ponca Nation amend their constitution to include rights of nature. On October 20th 2017, the Ponca Tribe of Oklahoma took the historic step of agreeing to add a statute to enact the Rights of Nature. 

Ho-Chunk Nation of Wisconsin general council voted to add “rights of nature” to tribal constitution 2016. The amendment establishes: “Ecosystems and natural communities within the Ho-Chunk territory possess an inherent, fundamental and inalienable right to exist and thrive.” Further it prohibits frac sand mining, fossil fuel extraction, and genetic engineering as violations of the Rights of Nature. 

Option 2: Pass a Sustainability Rights Ordinance for Angoon

ELC can assist in drafting a local law that can address the issues Angoon faces. Particularly, the law may include the right of Angoon’s community to self-governance, to a healthy environment and to defend and enforce the rights of nature and other applicable laws. This can also include specific provisions referring to restoration of Hawk Inlet, practices regarding the mine and gray water discharge, and stricter implementation of the CWA.

Option 3: Treaty Agreement for legal rights for the Hawk Inlet and/or Chatham Straits

ELC can assist in drafting a treaty agreement between the Angoon Community Association and the State or Federal government. The agreement would include declaring the ecosystems as legal entities. The agreement would also create new standard procedures for decisions, all must go through a designated Board, to be comprised of both Angoon community members and state/federal persons to ensure all decisions serve the interests of the ecosystem.

In 2013, the Tūhoe people and the New Zealand government agreed upon the Te Urewera Act, giving the Te Urewera National Park “all the rights, powers, duties, and liabilities of a legal person.”

A Board was then established to serve as “guardians” of Te Urewera and to protect its interests. The stated purpose of the Act was to protect Te Urewera “for its intrinsic worth,” including its biodiversity and indigenous ecological systems.

As a result, the government gave up ownership of Te Urewera, and all decisions must serve the interests of and preserve the relationship of the Te Urewera and the Tuhoe people. From a legal standpoint, this legislation is monumental. There is no longer a requirement to demonstrate personal injury in order to protect the land; lawsuits “can be brought on behalf of the land itself.”

Similarly, the Maori people have successfully pursued similar results for the Whanganui River and its tributaries, under the Maori worldview “I am the River and the River is me.” Under the Tutohu Whakatupua Treaty Agreement, the river is given legal status under the name Te Awa Tupua . Te Awa Tupua is recognized as “an indivisible and living whole” and “declared to be a legal person.”

Two guardians, one from the Crown and one from a Whanganui River iwi, will be given the role of protecting the river.

Additionally, these agreements have come with apologies from the Crown and payment in damages caused. In the case of the Whanganui River a “financial redress of NZ$80m is included in the settlement, as well as an additional NZ$1m contribution towards establishing the legal framework for the river.

In essence, the government has allowed mining companies to decide what actions they want to take. Whether that is half way cleaning up long lasting damage, or deciding to dump in new territories, there is little substantial action taken that deters companies from moving forward with long set plans.

If Earth Law is bestowed upon the Association’s land, this will allow for higher levels of protection for all the surrounding ecosystem, animals, and the humans to allow for prosperity across generations rather than the short-lived mine that only benefits the corporation. 

How you can help

• Check us out at www.earthlawcenter.org to keep updated on how Earth Law Center is working to transform the law to recognize and protect nature’s inherent rights to exist, thrive, and evolve.

• Stay informed and sign up for our newsletter

• Become a volunteer with ELC

• Donate to the initiative

My previous blog about Louisiana Wetlands.

---

• https://www.usatoday.com/story/money/2016/07/14/bp-deepwater-horizon-costs/87087056/

• http://thorpe.ou.edu/IRA/consangoon.pdf

• https://dec.alaska.gov/spar/csp/mercury/

• http://dhss.alaska.gov/dph/Epi/eph/Documents/DHSS_DEC_2016-02-29_Angoon%20Response.pdf

• http://www.friendsofadmiralty.org/hawkinlet.htm

• https://www.adn.com/environment/article/angoon-officials-worry-about-mercury-subsistence-foods/2016/02/07/

• http://juneauempire.com/local/2017-04-27/angoon-seal-hunters-still-solving-mercury-mystery

• https://ourworldindata.org/meat-and-seafood-production-consumption

• content.lib.washington.edu/cobbwebb/index.html

• www.uaf.edu/anla/collections/map/

Rights for the Anchicayá River in Colombia

The Anchicayá River before it joins with the Digua River by Mateo Gable Wikimedia Commons

By Earth Law Center

In June 2018, Earth Law Center (ELC) and partners submitted an amicus brief to the Inter-American Commission of Human Rights and Colombia’s Consejo de Estado , two judicial bodies who are considering the case involving a dam on the Anchicayá River. ELC is proud to have worked with International Rivers and the human rights group Réseau International des Droits Humains (RIDH) on this campaign. 

Meet the Anchicayá River

This Anchicayá River watershed is known for its vibrant biodiversity, featuring diverse and rare birds, amphibians and butterflies. It is also famous for being one of the best birdwatching areas in South America. [1] While incredible in its beauty and vibrant ecosystems, the Anchicayá River is also impaired by damming and other sources of degradation, which also plagues many other rivers in Colombia. 

Threats to the Anchicayá River and communities who live nearby

The primary inhabitants of this Anchicayá River region are Afro-descendant communities who are directly dependent on the surrounding natural environment. On July 21st, 2001 there was an illegal discharge of approximately 500,000 m3 of accumulated sediment from a hydroelectric dam on the Anchicaya River, which gravely affected those inhabiting the region downstream of the dam. [2]

The discharge also devastated vulnerable ecosystems, including aquatic species that live in the River. In addition, there was a scarcity of potable water, crop damage, and harm to riverine and coastal mangroves. [3]

Local Communities Sue

In response, the communities of the Lower Anchicaya region began a lawsuit in 2002 against the energy company in charge of the dam. After years of deliberations favoring the downstream communities, in April of 2012 the Constitutional Court of Colombia ruled in favor of the energy company in charge of the dam, overruling 10 years of deliberations. Through Judgment T-274, the Constitutional Court of Colombia declared that the direct valuation studies that had been made in 2002, shortly after the spill, were inadmissible due to lack of objectivity and rigor and ordered that the studies be repeated. [4]

The dozens of communities along the coast of the Anchicayá River then filed a class action lawsuit, led by lawyer German Ospina, which resulted in a decision in 2015 by the Constitutional Court of Colombia. The court ruled in favor of the Anchicayá community and ordered that the communities be indemnified. [5] However, subsequent legal proceedings have once again put into question how much the community will be paid, and when.

The current court case

Afro-Colombian communities impacted by the Anchicayá River disaster continue to seek compensation, which has not been made despite over 17 years of courtroom battles. The communities, represented by attorney German Ospina, most recently sought justice from both the “Consejo de Estado” – Colombia’s highest administrative court – and the International Commission on Human Rights.

While the final outcome of this legal battle remains unclear, the communities remain committed to seeking justice for themselves and the river ecosystem upon which they depend.

What is an Amicus Brief?

Amicus curiae, from Latin, means "friend of the court." [6] An amicus curiae brief (or “amicus brief” for short) offers an opportunity for groups and individuals to submit relevant information to a case to inform the court – without having to be a party to the lawsuit.

In most countries, judges can choose whether or not to read or consider an amicus brief, but either way, it becomes part of the record of that case. In countries like Brazil, the law requires judges and both parties in a case to consider any amicus briefs submitted.

The Process

In Colombia, ELC and partners International Rivers and RIDH submitted an amicus brief to both the Consejo de Estado and the International Commission on Human Rights. In addition to supporting the claims of the impacted Afro-Colombian communities, the amicus brief calls for recognition of the inherent rights of the Anchicayá River in order to ensure its protection and restoration as a right.

 These amicus briefs build from emerging legal precedent in Colombia, where courts have recognized the rights of the Atrato River and the entire Colombian Amazon. It also draws from a recent opinion of the Inter-American Court of Human Rights that highlights the movement to establish legal rights for nature. 

As this ongoing legal saga reaches its final stages, ELC is committed to supporting the impacted Afro-Colombian communities until the very end. Therefore, we plan to submit additional amicus briefs to all future courts that consider this case.

How Can Earth Law Help?

Imagine how it would be if The Anchicaya River had rights. What would be different if local communities could defend their rights along with the rights of the river? These rights could include the right to flow; the right to perform essential functions within its ecosystem; the right to be free from pollution; the right to feed and be fed by sustainable aquifers; the right to native biodiversity; and the right to restoration. [7]

Personhood for rivers has already been recognized in New Zealand, India, 43 and Colombia, and nature’s inherent rights are recognized in the countries of Bolivia and Ecuador as well as Mexico City and over 30 municipalities in the US.

Through our amicus brief campaign, we hope that the Anchicayá River is recognized as a legal entity possessing rights. But this is just the beginning, as ELC and partners plan to submit amicus briefs in support of nature’s rights in courtrooms in Latin America, USA, Europe, and elsewhere. 

Take Action Today to Help Save the Anchicayá River

Act today and join the growing global movement of Earth Law by:

• Staying informed of Earth Law Center 
• Volunteering with ELC 
• Supporting ELC 
• Contact ELC if you want to work on your own river rights campaign

---

1.  https://en.wikipedia.org/wiki/Anchicay%C3%A1_River
2.  https://www.researchgate.net/publication/297735896_Ecosystem_service_valuation_framework_applied_to_a_legal_case_in_the_Anchicaya_region_of_Colombia
3.  https://drreade.ml/shares/read-online-evaluacion-economico-ecologica-de-los-impactos-ambientales-en-la-cuenca-del-bajo-anchicaya-por-vertimiento-de-lodos-de-la-central-hidroelectrica-anchicaya-spanish-edition-1496049519-epub-by-lola-floresdavid-batkermaya-kocian.html
4.  https://www.researchgate.net/publication/297735896_Ecosystem_service_valuation_framework_applied_to_a_legal_case_in_the_Anchicaya_region_of_Colombia
5.  https://m.facebook.com/EarthEconomics/posts/10153269431573841
6.  https://en.wikipedia.org/wiki/Amicus_curiae
7.  Universal Declaration of River Rights at https://www.earthlawcenter.org/river-rights/

Rights of Nature to Save the Endangered Sharks of the Galapagos

Hammerhead shark Vlad Karpinskiy @Creative Commons

By Shelia Hu and Michelle Bender

The Galápagos Islands are a haven for sharks

With 34 of the globe’s 440 known species, the Galapagos Islands have the highest abundance of sharks in the world.[1]

A UNESCO World Heritage center, the Galapagos lies about 1,000 kilometers from the Ecuadorian Coast. Three major tectonic plates —Nazca, Cocos and Pacific— meet here. The ongoing seismic and volcanic activity create a truly unique ecosystem. The Galapagos achieved fame in scientific circles when Charles Darwin published the “Voyage of the Beagle” in 1839.[2]

The Galápagos Marine Reserve is one of the largest marine reserves in the world, covering a total area of 130,000 square kilometers of Pacific Ocean and featuring a dynamic mix of tropical and Antarctic currents and rich areas of upwelling water.

Consequently, the Galapagos Marine Reserve (GMR) contains an extraordinary range of biological communities, hosting such diverse organisms as penguins, fur seals, tropical corals, and large schools of hammerhead sharks. The GMR has a high proportion of endemic marine species – between 10% and 30% in most taxonomic groups – and supports the coastal wildlife of the terrestrial Galapagos National Park (GNP). It also appears to play an important role in the migratory routes of pelagic organisms such as marine turtles, cetaceans and the world’s largest fish, the whale shark (Rhincodon typus).[3]

In 2016, the President of Ecuador, Rafael Correa, announced the creation of a new marine sanctuary to protect the water around the Galapagos Islands. The sanctuary is designed to fall around the islands of Darwin and Wolf in order to protect the world’s greatest concentration of sharks.[4]

The area will include 39,000 square kilometers within the Galapagos Marine Reserve, an area in which industrial fishing has been banned since 1998 but where smaller fishing operations are allowed.[5] The new shark sanctuary will mean several areas within the GMR will be designated as “no-take” zones where no fishing of any kind will be allowed. The sanctuary will protect around 32% of waters surrounding the Galapagos, with no fishing activity, mining, or oil drilling allowed at all.[6]

The extra step of protection is needed as the ecosystem faces the increased stressors of climate change, industrial trawlers, and illegal fishing.

Whale Shark Vlad Karpinkskiy @Creative Commons

The mystery of the pregnant whale sharks

The largest fish in the ocean, the whale shark eats plankton and other small fish – collected as the whale shark swims. Preferring warm waters, whale sharks populate all tropical seas. They are known to migrate every spring to the continental shelf of the central west coast of Australia. The coral spawning of the area's Ningaloo Reef provides the whale shark with an abundant supply of plankton.[7]

There isn’t much else known about this type of shark and its social habits. They haven’t been studied as well as other sea creatures, according to the IUCN.[8]

The whale sharks in the Galapagos Marine Reserve, unlike elsewhere, tend to be large mature females (99.8%), and over 90% appear to be pregnant.[9] To find out more about why these pregnant whales stopover at the Galapagos (but with no sign of newborns), the Galapagos Whale Shark Project launched. After tracking it was found that Darwin island provides an important point for navigation for the sharks, on their way to feeding grounds in the Pacific Ocean.[10]

Hammerhead nursery found in Galápagos waters

A nursery for scalloped hammerhead sharks was recently discovered along the coast of the Santa Cruz Island in the Galapagos, good news for better understanding and protecting an endangered species.[11]

Their wide-set eyes give them a better visual range than most other sharks. And by spreading their highly specialized sensory organs over their wide, mallet-shaped heads, they can more thoroughly scan the ocean for food. One group of sensory organs is the ampullae of Lorenzini. It allows sharks to detect, among other things, the electrical fields created by prey animals. The hammerheads’ increased ampullae sensitivity allows them to find their favorite meal, stingrays, which usually bury themselves under the sand.[12]

After a nine to ten month gestation, scalloped hammerhead sharks give birth to their pups who can then slowly mature into adulthood in the well-protected, food-rich environment safe from many of their natural predators (like other sharks) in the open ocean. [13]

Threats facing sharks in Galápagos waters

Sharks are under serious threat around the globe. It is estimated that up to 70 million sharks are killed by people every year, due to both commercial and recreational fishing. The International Union for Conservation of Nature (IUCN) has classified 64 of the 440 shark species as endangered, and one-third at risk of extinction, according to its 'Red List' criteria.[14] Sharks are caught intentionally or as accidental "by-catch" in virtually all types of fisheries worldwide.[15]

Most sharks are long-living species that grow slowly, mature late, and have low reproduction rates. These biological factors make sharks particularly vulnerable to overfishing and mean that populations can be slow to recover once depleted. The continuous depletion and even eradication of these top predators in the structure of many marine habitats will have catastrophic consequences for ecosystems such as coral reefs and may cause the extinction of many other interdependent species.[16]

While sharks in Galapagos are protected by the Galapagos Marine Reserve, they roam quite far and can be affected by illegal fishing and bycatch in fisheries targeted at other species.[17]

Over 6,600 dead sharks, mostly hammerheads but also silky, thresher and mako sharks— which are off-limits to industrial fishers within the marine reserve — were found on an unauthorized ship in the Galapagos Reserve in August 2017. An Ecuadorean judge has since convicted the ship's 20 crew members of possessing and transporting protected species. In addition to prison sentences, the ruling also fined them $5.9 million.

"The sentence marks a milestone in regional environmental law and an opportunity to survive for migratory species," the country's Ministry of Environment said in a statement. This case also marked the first conviction of an environmental crime in 14 years of Galapagos law and set a precedent for prosecuting shark finning and other crimes against nature in the Galapagos (Franco Fernando, 2015).

Isla de San Cristobal, Diego Delsa

Ecuador, a world leader in Rights of Nature

In 2008, Ecuador became the first country to adopt Rights of Nature into its Constitution. The Constitution, endows “Nature or Pachamama, where life is reproduced and exists” with inalienable rights to “exist, persist, maintain and regenerate its vital cycles, structure, functions and its processes in evolution.”

The Constitution also gives nature the right to restoration and the people the right to “live in a healthy and ecologically balanced environment that guarantees sustainability and the good way of living.” It is the responsibility of the Ecuadorian State to “respect the rights of nature, preserve a healthy environment and use natural resources rationally, sustainably and durably” and to provide incentives to the citizens to “protect nature and to promote respect for all the elements comprising an ecosystem.”[18]

Ocean Rights can help the sharks of the Galapagos

Earth Law Center is working with local partners through the Global Alliance for the Rights of Nature to ensure the constitutional amendment is implemented with respect to ocean governance.

Implementing ocean rights and expanding protection of the Galapagos, will also help Ecuador achieve its goals within the Convention on Biological Diversity (CBD) and United Nations Sustainable Development goals; including expanding marine protected areas to 8170 square kilometers.[19]

The Marine Reserve represents the beginning of the desire to apply rights of nature to ocean protection. The Special Law of the Galapagos’s guiding principle for governance is ‘‘An equilibrium among the society, the economy, and nature; cautionary measures to limit risks; respect for the rights of nature; restoration in cases of damage; and citizen participation.” However, in order to ensure activities within the Reserve respect the rights of nature, there needs to be legally binding provisions that do so within the management plan.

One way to implement the rights of nature in the Galapagos, is to pass a decree declaring the Reserve (and proposed Sanctuary) as a legal entity, subject to basic rights. Defining in law the Reserve as a legal entity recognizes the area as a living whole, and legally requires that the State protects the rights of the ecosystem and species within.

Similarly the management plan must explicitly define the highest objective for management as conserving the Reserve in as close to its natural state as possible. Protecting and restoring the ecosystem for its own benefit can occur only if conservation objectives are prioritized over human-centered objectives, such as economic development. Secondary objectives can include tourism, fisheries, recreation, education and scientific research, but these must also be explicitly defined as secondary objectives.

In countries, such as New Zealand, guardians are being appointed on the management boards for the protected area that represent the ecosystem’s interests and ensures it’s rights are not being violated; they will review decisions, monitor compliance and develop new rules to protect the Reserve. Such an approach can also work in Ecuador, allowing the guardians to use their standing to bring legal action upon parties involved with activities directly affecting the health and well-being of the Reserve.

Finally, management must fully take into account all species interactions and land-based activities. In order to manage human activity holistically within the Reserve, criteria must be developed to ensure activities respect the rights of nature. Such criteria can include:

• Reflecting on the true cost of our activities and their impacts, which includes costs to the marine ecosystem and its ability to renew and restore itself.
• Evaluate decisions using attributes and scores that assign the highest scores to those activities and regulations that lead to the fulfillment of the conservation objectives.
• Application of the Precautionary Principle which puts the burden of proof on those wishing to take potentially harmful action – to prevent harm before it occurs.
• Development of alternative livelihoods that allow for both human and ecological interests to thrive. Key considerations for Earth-Law centered ecological criteria may include:
• Impacts to keystone species, such as sharks, are given priority in decision making.

The Earth Law Framework for Marine Protected Areas further outlines how rights of nature can be implemented in the Galapagos Marine Reserve. Employing this framework will help Ecuador implement rights of nature throughout their oceanscape.

Act today and join the growing global movement of Earth Law by:

• Stay informed
• Volunteer with ELC
• Support ELC

More about Global Alliance for Rights of Nature (GARN)

The Global Alliance for the Rights of Nature (the “Alliance”) is a network of organizations and individuals committed to the universal adoption and implementation of legal systems that recognize, respect and enforce “Rights of Nature” and to making the idea of Rights of Nature an idea whose time has come. Find out more at http://therightsofnature.org/

---

[1] https://galapagosconservation.org.uk/sharks-galapagos-islands/; https://www.theguardian.com/environment/2016/mar/21/ecuador-creates-galapagos-marine-sanctuary-to-protect-sharks

[2] https://whc.unesco.org/en/list/1

[3] https://www.galapagoswhaleshark.org/the-project/why-study-whale-sharks/

[4] “Ecuador creates new marine sanctuary to protect sharks”, 21 March 2016, Galapagos Conservancy, https://www.galapagos.org/newsroom/new-marine-sanctuary/ Accessed: 7 June 2018

[5] “Ecuador creates new marine sanctuary to protect sharks”, 21 March 2016, Galapagos Conservancy, https://www.galapagos.org/newsroom/new-marine-sanctuary/ Accessed: 7 June 2018

[6] Ibid.

[7] https://www.nationalgeographic.com/animals/fish/w/whale-shark/

[8] https://www.livescience.com/55412-whale-sharks.html

[9] https://galapagosconservation.org.uk/projects/whale-shark-monitoring/

[10] https://www.galapagoswhaleshark.org/the-project/what-we-discovered-so-far/

[11] https://news.nationalgeographic.com/2018/01/hammerhead-shark-nursery-discovery-galapagos-spd/

[12] https://www.nationalgeographic.com/animals/fish/group/hammerhead-sharks/

[13] https://news.nationalgeographic.com/2018/01/hammerhead-shark-nursery-discovery-galapagos-spd/

[14] https://www.theguardian.com/science/2009/jun/25/sharks-extinction-iucn-red-list

[15] http://sharksmou.org/threats-to-sharks

[16] http://sharksmou.org/threats-to-sharks

[17] https://galapagosconservation.org.uk/sharks-galapagos-islands/

[18] Republic of Ecuador, Constitution of 2008, available at: http://pdba.georgetown.edu/Constitutions/Ecuador/englis h08.html.

[19] Ibid.

How Earth Law Helps Green Business

False Solomon's Seal (Maianthemum racemosum) in Bergen Bluffs, Wisconsin State Natural Area #415 by Joshua Mayer @Creative Commons

By Hannah Fitzpatrick

What Is “Green Business”?

A sustainable business, or “green business” operates on the principles of environmental sustainability in its operations. It strives to use renewable resources, and tries to minimize the negative environmental impact of its activities.[i] In simpler terms, these organizations aim to use business practices that do not develop any sort of economic, social, or environmental threat for current and future generations.

Though numerous companies claim to be ecologically friendly, a business can only be certified as a sustainable business through the following criteria:

1. It incorporates principles of sustainability into each of its business decisions.
2. It supplies environmentally friendly products or services that replaces demand for “non-green” products and/or services.
3. It is greener than traditional competition.
4. It has made an enduring commitment to environmental principles in its business operations.[ii]

Green Business: Not A New Idea

Green business standards vary, however, and can become more specific depending on the type of product being sold. For instance, the non-profit environmental standard company Green Seal issues 33 standards covering over 400 product and service categories, ranging from household products and other cleaning products to restaurants and other food services.[iii]

Though the idea of sustainable businesses may seem to have recently emerged in contemporary society, this is not the case. According to Harvard Business School business historian and professor Geoffrey Jones’ 2017 book Profits and Sustainability: A History of Green Entrepreneurship, the origins of green business can be traced back to start-ups in organic food and wind and solar energy during the early to mid-1900s.[iv]

This included efforts such as:

• Natural Resources Conservation Services ® Initially known as the Soil Conservation Service, this agency was created by the U.S. Department of Agriculture in 1932 in order to oversee various research and conservation projects across the country.[v]
• The Smith-Putnam wind turbine, the world’s first megawatt-size wind turbine, was constructed on Grandpa’s Knob in Castleton, Vermont, and provided power to a local utility network.[vi] This turbine was also the largest wind turbine ever built up until 1979, when Boone, North Carolina’s Mod-1 Turbine claimed that title.[vii]
• In 1956, solar cells, which were discovered by Calvin Fuller, Gerald Pearson, and Daryl Chapin just a few years prior, were available for commercial use. However, these solar cells were quite expensive ($300 for a 1 watt cell), so they were mainly used in smaller items, like toys and radios.[viii]

Even major corporations, such as Ford Motor Company, played a key role in the rise of sustainable industries. For instance, founder Henry Ford experimented with plant-based fuels during the days of the Model T. The company also used forms of “upcycling” by shipping the Model A truck in crates that then became the vehicle floorboards at the factory destination. Furthermore, the original auto body was made of a stronger-than-steel hemp composite.[ix]

Evolution of Green Business

Over time, the idea of sustainable business has become increasingly popular. But how exactly did it become so mainstream?

The answer is quite simple. Through public awareness and understanding of the negative effects that corporations can have on the environment, and those same people advocating for change.

According to KPMG International’s 2014 study A New Vision of Value: Connecting Corporate and Societal Value Creation, public awareness of this issue has been growing due to the increasing number of studies that quantify corporate “negative externalities”, like pollution, carbon emissions, and ecosystem damage.[x] These include a number of studies conducted by KPMG themselves that show just how damaging the effects of business operations can be not only on the environment, but on their profits.

Another KPMG study found that that the cost of environmental damage caused by 11 key industry sectors in 2010 was equivalent to 41 percent of their pre-tax profits and that some sectors, such as food producers, would have no profits left if they had to pay the full cost of their negative environmental externalities and took no mitigating actions.[xi]

This figure is, unfortunately, not surprising. According to the United Nations Environmental Programme, since 1992, humankind has caused more extensive and rapid changes to ecosystems in the last 20 years than at any other time in history, due to an ever-growing demand for resources. The damage includes loss of biodiversity, acidification of oceans, less productive cropland, desertification, tropical deforestation, and declines in wetlands, mangrove forests, sea-ice habitats, salt marshes, coral reefs and more.[xii]

New Models for Green Business

The digital age has enabled this information to disseminate quickly and widely among the general public, while giving these businesses an opportunity to change their business model and incorporate sustainability as a major focus in their overall goals. A quick summary of the more prevalent green business models follows.

The Nexus Approach

Used by the World Economic forum and even the German federal government[xiii], this model examines the interrelatedness and interdependencies of environmental resources. Instead of just looking at individual components, the functioning, productivity, and management of a complex system is taken into consideration. By taking this approach, it can result in improvement in improved water, energy, and food security worldwide.[xiv]

Life Cycle Approach[xv]

Also known as “life cycle analysis,” “life cycle assessment,” or “life cycle management”—this model addresses the entire life cycle of a product, process, or activity, including research and development, extracting and processing raw materials, manufacturing, transportation and distribution, use, re-use, and maintenance, recycling, and final disposal. This form of sustainable development, which began as a tool for informing hazardous wastes management in the late 1970s and 1980s, is usually managed by a set of guidelines that outline four basic steps of how the approach should be taken:

By taking this approach, a new way of environmentally sound management of chemicals can be developed, which can eventually lead to a decrease in contamination of the ocean, freshwater sources, and soil.

Case Studies: Green Business

Sustainable businesses are on the rise – thanks to the power of the voices of people like us. Major brand-name companies are taking the step into becoming more eco-friendly as well as economically friendly through a variety of means. Here are two of the numerous examples of how these businesses are moving toward becoming truly eco-friendly.

Patagonia

Since the founding of this popular outdoor clothing company by Yvon Chouinard in 1973, Patagonia has marketed themselves as a “green” brand, and has made efforts to make the production, shipment, and sale of their products more eco-friendly. For example, since 2007, Patagonia has created interactive maps that show their consumers exactly where their products came from and how the resources require to make them are obtained and used.[xvi] They also list on their website their most recent measure of their carbon footprint, renewable energy use, and natural and recycled materials used in their products.[xvii]

After looking into the inner workings of this company, it is clear that they are using the life-cycle approach when it comes to their products. Their “Worn Wear” initiative allows consumers to buy used clothing donated by other customers, and they also keep track of the different materials in their products, where they are getting these materials, and how they are being used.[xviii] Because of this, Patagonia has become quite profitable: in 2016, the company had over $800 million in sales – twice as much than in 2010. [xix]

Puma

This German athletic-wear company’s current sustainability strategy includes factors such as a yearly report of their environmental impact under the ownership of the French luxury group Kering, using sustainable alternatives of key materials in their products (ex: cotton, polyester, leather), and producing zero discharge of hazardous chemicals in their supply chain.[xx] Also present in Puma’s sustainability strategy is the use of an Environmental Profit & Loss Account, which puts a direct monetary value on both nature's "services" used by the business – such as fresh water, clean air, healthy biodiversity and productive land – and on the negative impacts the company had on the environment. This allows the company to make clear of the magnitude of the costs to managers and stakeholders, pinpoint where in the supply chain these costs were being incurred and what action was needed to be taken in order to address them.[xxi]

When looking into the details of Puma’s sustainability strategy, it is clear that this company is using the nexus approach to become eco-friendly. Their Environmental Profit & Loss Account incorporates numerous aspects of environmental issues in their analysis, such as air pollution, greenhouse gas emissions, and water consumption, by evaluating its effects on their consumers and the environment itself, and how those effects impact the company’s supply chain. Conducting this account proves not only to be effective in lowering their environmental costs, but also in increasing overall sales. From 2013 to 2016 PUMA’s environmental costs have decreased 7.5% in relation to their sales, and their overall sales increased 10.2% in the same period.[xxii]

Approaches to evolving environmental protection

Existing civil and political rights can be used to give individuals, groups and nongovernmental organizations (NGOs) access to environmental information, judicial remedies and political processes. This allows for the facilitation of participation in environmental decision-making and the compelling of governments to meet minimum standards of protection for life, private life and property from environmental harm.

We can also treat a decent, healthy or sound environment as an economic or social right. The main argument for this approach is that it would privilege environmental quality as a value, giving it comparable status to other economic and social rights, such as development, and priority over non rights-based objectives.

A third approach treats environmental quality as a collective or solidarity right, giving communities rather than individuals a right to determine how their environment and natural resources should be protected and managed.[xxiii]

What is Earth Law, and How Does It Support Green Businesses?

Earth Law holds that nature has inherent rights and legally should have the same protection as people and organizations. At Earth Law Center, we recognize nature’s right to exist, thrive and evolve: enabling nature to defend these rights in court (just like corporations can) and protecting nature the way corporate law protects business.

But how exactly do we protect these businesses?

• By advocating for and protecting the rights of current ecosystems, we are also promoting end to end manufacturing – a sustainable alternative to current manufacturing methods
• Advocating and fighting for the rights of domesticated animals encourages removal of animal suffering from supply chain
• Prioritizing the health of ocean ecosystems connects and strengthens the goal of zero waste for large scale manufacturers

Your Choice Matters: What You Can Do To Get Involved Today

Current business models are changing to address the environmental challenges of the day. Green business leaders across the world are showing the way to do it. However, the real change comes from you. By supporting sustainable businesses, we are one step closer to creating a more eco-friendly and habitable world. In this case, your choice truly does matter.

To help us in our efforts to support sustainable businesses, or in general, consider the following options here:

-Donate to ELC (https://www.earthlawcenter.org/environmental-donations-earth-rights/)

-Sign up to volunteer at ELC here (https://www.earthlawcenter.org/volunteer/)

-Stay informed by signing up for ELC’s newsletter (https://www.earthlawcenter.org/newsletter-sign-up-page/)

-Connect with ELC on social media

• https://www.facebook.com/earthlawcentergreen
• https://twitter.com/EarthLawCenter

---

[i] http://www.zurnalai.vu.lt/ekonomika/article/viewFile/3021/2162

[ii] https://en.wikipedia.org/wiki/Sustainable_business#cite_note-Ecopreneur-1

[iii] http://www.greenseal.org/GreenBusiness/Standards.aspx

[iv] Geoffrey Jones (2017). Profits and Sustainability. A History of Green Entrepreneurship. Oxford University Press.

[v] https://www.nrcs.usda.gov/wps/portal/nrcs/site/national/home/

[vi] https://en.wikipedia.org/wiki/Smith-Putnam_wind_turbine

[vii] https://www.ncpedia.org/worlds-largest-windmill-boone

[viii] https://www.experience.com/advice/careers/ideas/the-history-of-solar-power/

[ix] https://en.wikipedia.org/wiki/Sustainable_business

[x] https://assets.kpmg.com/content/dam/kpmg/pdf/2014/10/a-new-vision-of-value-v1.pdf

[xi] https://home.kpmg.com/content/dam/kpmg/pdf/2012/08/building-business-value-part-1.pdf

[xii] United Nations Environment Programme, Keeping Track of Our Changing Environment: From Rio to Rio + 20

(1992–2012) (Nairobi: UNEP, 2011).

[xiii] https://home.kpmg.com/content/dam/kpmg/pdf/2012/08/building-business-value-part-1.pdf

[xiv] https://flores.unu.edu/en/research/nexus

[xv] http://ciel.org/Publications/SAICM_PrinciplesStudyFinal_July05.pdf

[xvi] http://www.patagonia.com/footprint.html

[xvii] http://www.patagonia.com/climate-change.html

[xviii] http://www.patagonia.com/materials-tech.html

[xix] https://www.theguardian.com/business/2017/mar/07/the-north-face-patagonia-saving-world-one-puffer-jacket-at-a-time

[xx] http://about.puma.com/en/sustainability/strategy/sustainability-targets

[xxi] https://www.theguardian.com/sustainable-business/best-practice-exchange/puma-impact-environment-counting-cost

[xxii] http://about.puma.com/en/sustainability/environment/environmental-profit-and-loss-account

[xxiii] Boyle, Alan; Fordham Environmental Law Journal; Summer 2007; Vol.18, Issue 3, p.471-51

Teyuna Foundation Launches

Guest blog by Mary Gaetjens of Harmony with Earth Mother Initiative

The Teyuna Foundation’s mission is to share the spiritual teachings and practices of the Teyuna with individuals, organizations and networks focused on ecological protection and healing.

The Teyuna are the Arhuaco, Kankuamo, Kogi and Wiwa of the Sierra Nevada de Santa Marta region of Colombia. Their lives are dedicated to a sacred vow to uphold the Earth Mother’s original law: All must protect and nurture the planet, our collective home.

(Note: If you’re thinking that Teyuna sounds a lot like the Spanish Tayrona,you’re correct. The Spanish changed the name of the Teyuna to match their pronunciation and alphabet. Teyuna is pronounced Sey-j-Una.)

A teacher of mine once said after making a point, “Think about it, but don’t think about it, contemplate it, but not now, later. Now, listen to what I’m saying.”

Just as a leaf blows in the wind and eventually comes to stillness, contemplation exist in a mind quieter than the one we usually experience as we go about the business of daily life. Contemplation is what we flow in and out of when we meditate.

Aluna is the Teyuna word for life and thought, a concept that becomes meaningful in contemplation. The Earth and everything on the planet is brought into creation by thought. Genesis = nothing + a thought. Empowered thoughts are empowered actions. Meditation is harmony with nature; harmony with nature is Aluna.

For thousands of years in what is now the entire United States, an estimated 18 million people in over 600 tribes lived in harmony with nature and were protecting and nurturing the planet, our collective home.

As of June 2018, 62 tribes and 250,000 people occupy territory in 16 of 50 states. The majority of them are the descendants of people who were forced to abandon their sacred lands for undesirable territories they were neither born in or sworn to protect. The Mother is starved, abused, agitated, and dying. Sacred sites have been replaced by abandoned gold mines, Walmarts and rest areas in state parks, and the land is in a state of unrest.

Earth Mother is literally our Mother, and She has a spirit, mind, body, as we do. Harmony with ourselves is harmony with Her. When She is at peace, we’re at peace. The Teyuna live in Her heart, the snow-capped mountains are Her head. Her feet are in Patagonia, Her lungs are the Amazon Rainforest. She’s dying, so we are dying. As our snow-capped mountains turn bare we literally lose our minds, as Earth Mother’s lungs are chopped down, we can’t breathe.

Mamos and zagas live from a space of harmony and are thereby able to restore harmony where there is chaos. Chaos and harmony are energies that all of nature resonates with. As Teyuna mamos and zagas perform pagamento, literally payment to Earth for supporting and sustaining all of creation, they activate segwa, divine seeds that are present and lying dormant in and on the planet. The land responds as if breathing a sigh of relief. Birds sing, and even rain falls. When nature is in harmony, we as humans are able to feel that accord, responding by relaxing and experiencing joy.

Teyuna mamos and zagas exist in deep communion with every living thing, a state they’ve preserved and grown since what is for most westerners time immemorial and what is for them easily recalled through living tradition.

Life on the planet depends on what they know about how to feed, care for, calm, and enliven Her. How do they know what to do? They’ve listened in a way we can’t even imagine.

Meditating, they say, is thinking. Thinking is listening. Contemplation, meditation, listening to and acting on Earth Mother ‘s instruction is the reason the Teyuna exist. Life in the Sierra without colonization has allowed them to continually deepen the inner balance that is a hallmark of their civilization. The wisdom and teachings the Great Mother gave them strengthened with each generation. The Teyuna exist now as they always have to care-take the planet.

In February of 2018, Kandymaku Busintana, the General Secretary of the Council of the Cabildos, the highest authority in the Sierra, asked me and my co-representative Ginny Griego to support a vision held by Mamos and zagas, the spiritual leaders of the Teyuna, that indicated an urgent need for them to share and provide their sacred service, pagamento, throughout the United States.

They don’t wish to see the Grand Canyon or visit Times Square, they wish to answer an SOS from the planet. The Teyuna have become increasingly concerned about the Earth’s health. They’ve lived in the Sierra for eons and rarely ventured from their home, but feel it’s critical for them to do so now. They’re coming to the United States to do what has always been their mission: live in a space of harmony and through this space restore harmony from chaos.

The Teyuna’s request has sparked an initiative to sponsor a three-month tour for sixteen mamos to travel from Colombia to the United States to perform pagamento. Ultimately, their journey, called a recorrido, will take them around the globe.

I hope, as a country and a community, people will understand the importance of the Teyunas’ sacred service and in turn support our shared community, Planet Earth.

The mamos and zagas teach that the laws of the Great Mother are simple. Love and Harmony. Love is the connector that forms the harmony between the balance of polarities. It is not the dichotomy of balancing opposites but the harmony of complementary principles.

The harmony with nature that we are gifted to experience in the company of mamos and zagas connects us to teachings that cleanse us spiritually, mentally, emotionally, and physically. We naturally and effortlessly walk away with a profound respect for and connection to nature and each other.

Through the stillness of meditation, we connect to something greater than ourselves. Our minds are effortlessly cleansed physically, emotionally, mentally and spiritually. We naturally tune in to the water we drink — greeting, offering respects, and speaking its language. Rocks and trees become history books and maps to the universe, the Earth we stand on becomes the ever-supportive Mother of us all, and we find we automatically have a newfound respect for even the air we breathe. In an instant we understand the importance of natural resources. We come into harmony with the wisdom of the trees and access memories that stones have shared with indigenous people throughout time.

The 2018 Summer Recorrido is going to join America’s hemispheres by bringing together Native Americans from both continents to perform pagamento. We are honored to be a part of this historical event.

In addition to offering pagamento, as part of the recorrido, mamos will work with organizations in various regions to activate segwas and share their sacred teachings and practices focused on ecological protection and healing, Earth’s well-being, the role and function of all elements in the ecosystem, and an uncanny knowledge of astronomy. The Teyuna seers will travel to many regions of the U.S.A., depending on developing partnerships between organizations and networks that are interested in hosting them. The TeyunaTour welcomes local participation in regions across the United States and seeks partners who can assist with hosting local and regional activities and support for the tour.

The Mamos of the Recorrido would like us to share their words:

The Law of Se (Origin) is the spiritual principle of existence, balance and equilibrium. It’s a Universal Law that legislates from a space of harmony.

Mother Nature lives in full accordance with the Law of Se. Historically, manmade law has legislated from a space of conflict, disharmony and even war. Therefore our mission is to restore The Law of Se to Planet Earth.

Se is created through the harmonics of organized thought. It has the power to rule the world, destroy it, build it again, and build other worlds.

Compliance with the Law of Se is compliance with the Laws of Knowledge that maintain the order of the Universe. Se never dies and is always managing, guiding and demanding compliance.

The material world is sustained by the spiritual world; without the spiritual world nothing would exist.

One of the purposes of the Recorrido is to feed Mother Nature and all the Spiritual Fathers that live in accordance with Se.

The people who participate in the Recorrido must be in alignment with the Law of Se. During the Recorrido the mamos will identify the lineage of the land and the seeds that were planted by the Spiritual Fathers. Then, they will proceed to activate those seeds in the land.

Adapted from an interview with Mamo Avinteira as recorded in Arhuaco Universe, compiled by Jesús Ortíz:

…For my part, I ask for the opportunity to rediscover those places of power around us. We are willing to return, to point the way, to reconstruct those mounds, those sacred mountains, those lakes, so that they can recover their true breath again. Help us offer our pagamentos so that our words do not vanish into the air or get blown by the wind. Then, you will find a vibration, a happiness, a joy, that will spread all over the Earth.

Thank you for your support.

For further information on the Teyuna Tour contact Mary Gaetjens: 510–393–7671, Mary@TeyunaFoundation.Org; TeyunaTour.Org

Earth Law Center (www.earthlawcenter.org) serves as the fiscal sponsor of the Teyuna Foundation.

An Earth-Centered Solution: Pesticide-Free Zones in Europe

Photo: Yann Arthus Bertrand

By Shanna McCormack

The rise of pesticides

Globally, the pesticide market was valued at a total of $45 billion in 2015, up from $38 billion in 2010.[i] Pesticide use worldwide has grown over the past 20 years to 3.5 billion kg/year (as of 2015).[ii] Pesticide sales in Europe are also the highest of any region.

 [iii]

The average use of pesticides in Europe has not decreased overall in recent years despite discussions concerning the sustainability of agriculture and the introduction of low dose pesticides in the market. Portugal, Italy, and Belgium reduced their pesticide use; however, the Netherlands, Germany, and Spain all increased their use of pesticides, with Spain doubling the amount of pesticides used.[iv]

How pesticides impact the natural environment

Pesticides are used in agricultural production to keep crops alive by suppressing weed growth, preventing disease, and controlling plant consumption by insects and other animals. This allows crop producers to sustain high crop yields in otherwise detrimental conditions.[v]

While the pesticides do serve these purposes, they do not impact crops alone. Pesticides that are applied to crops can enter soil and surface water through leaching and runoff. From there, they can enter groundwater and negatively impact terrestrial and aquatic ecosystems, which in turn impacts overall habitat function and contributes to a loss of biodiversity. Decreased habitat function and losses in biodiversity lead to a reduction in the benefits provided through ecosystem services. These benefits include pollination by insects, soil formation, and natural filtering processes that provide clean water.[vi]

The effects of pesticides vary by particular pesticide and a number of outside factors. Environmental impacts differ based on pesticide toxicity and dosage, protective measures taken during the pesticide’s application, the absorption properties of the soil, weather conditions, and how long the pesticide can persist in the environment.[vii]

 [viii]

Why you should care about pesticides- Human health impacts

Direct Exposure

Hazards to human health from pesticides can occur directly or indirectly. One significant direct form occurs by occupational exposure. Agricultural workers in open fields, greenhouses, workers in the pesticide industry, and exterminators all face frequent contact with pesticides. The most common adverse effects of direct pesticide exposure include acute headaches, vomiting, stomach-aches, and diarrhea. Long-term low-level exposure to pesticides can also lead to chronic diseases such as cancer, birth defects, and reproductive problems. While a single pesticide can cause adverse health effects, “pesticide cocktails” can be even more detrimental.  

Indirect Exposure

Indirect exposure to pesticides usually occurs when visiting public spaces after pesticide application, when eating foods treated with pesticides, or when drinking water with pesticide residues. Bystanders can also be indirectly exposed to pesticides if a spray drift occurs. This exposure can have a disproportionate impact on vulnerable populations such as children, the elderly, and those who are immunologically compromised. 

Curbing pesticide use

In response to concerns regarding the use of pesticides, some cities and countries in the European Union have created pesticide-free zones to protect human health, animal health, and the environment. Pesticide-free zones can be found in various forms in countries such as Italy, Belgium, Germany, Denmark, France, the Netherlands, and Luxembourg[ix]. In 2009, European Union member states approved directive 2009/128/EC on the Sustainable Use of Pesticides, which called for the establishment of buffer zones to safeguard both surface and groundwater used for drinking water and to protect aquatic organisms. The directive says that pesticide use in areas that could cause contamination should be eliminated or reduced as far as possible.[x]

As a result of this directive, many cities have decided to go pesticide free. For example, Germany prohibited pesticide use on non-agricultural land unless an exception is granted, Italy banned glyphosate use in public areas, and France and Luxembourg banned all pesticide use in public areas (France has an emergency exception).[xi]

Economic benefit of going pesticide free

While the prevention of harm to people and the environment is the primary goal, bans on pesticides have also had an economic benefit. For example, the city of Lyon, France has been pesticide free since 2008 in all of its 300 parks and gardens, choosing instead to use natural management techniques. The initiative has saved the city enough money that it has been able to expand its green areas.[xii]

Danish regulations have been some of the strictest in the world regarding pesticide use, and are more restrictive than EU level rules. The Danish government’s focus on pesticide use is largely to keep groundwater for drinking free from pesticides. To achieve this, the government created buffer zones around the borders of rivers, lakes, and between residential and agricultural lands.[xiii] The restrictions also ban pesticide use around environmentally sensitive areas and water bodies.[xiv]

Banning the most lethal pesticides

In a recent controversial decision, the EU reapproved the use of glyphosate. Leading up to the renewal decision, farmers associations, agricultural trade representatives, and pesticide producers such as Monsanto all threatened legal action if the pesticide was not renewed. The approval discussion pitted producers, who claimed glyphosate is “the safest pesticide ever invented”, against citizens concerned about the health impacts of the pesticide (who were supported by evidence that it may cause cancer).

Ultimately, the EU approved the renewal. But not all countries were in favor. Most notably, France was opposed to the renewal and pushed for the pesticide to be phased out by 2020.[xv]

The most recent ban involving pesticides is EU-wide and bans all outdoor use of neonicotinoids, the pesticide linked to a decline in bee populations. Restrictions on the use of neonicotinoids have been in place since 2013. Bayer CropScience and another pesticide company have sued to remove the restrictions. The verdict in the case is due later this month.[xvi]

The Pesticide Action Network (PAN) has brought a number of cases to the European Union Court of Justice to protect people and ecosystems from pesticides. For example, in a 2015 case about the practices of the European Commission regarding the authorization and sale of pesticides, the ombudsman considered that the Commission “may be too lenient in its practices and might not be taking sufficient account of the precautionary principle.” The ombudsman then made several proposals to improve the Commission’s practices so that human health, animal health, and the environment could be effectively protected in the European Union.[xvii]

How Earth Law could help strengthen the drive to reduce pesticides

Rights for nature can help to establish a legal right to be free from toxic pesticides as well as other forms of pollution. Preventing or limiting the use of pesticides that are toxic to the environment benefits all surrounding ecosystems and, in turn, humans as well. Under Earth Law, nature is not treated as property that humans can consume at will; nature’s right to be preserved and restored will have a voice in the legal system.

Earth Law aims to recognize nature’s intrinsic right to exist, persist, maintain, and regenerate its vital cycles.  Once this is done, decisions are made by balancing the rights of humans with the rights of ecosystems, and the plants and animals within them. When damage occurs to an ecosystem, people have the ability to bring legal action on behalf of the injured party (the damaged ecosystem) and vindicate its rights in court.

Case study: Earth Law to curb pesticide use in Serbia

Serbia and its neighbor Montenegro constitute less than 2% of Europe but contain over half of Europe’s fish species and over two-thirds of European bird and mammal species. This makes the area an important center for biodiversity in Europe.[xviii]

Currently, 57% of Serbian land is dedicated to agricultural production and the overuse of pesticides for agriculture has a harmful impact on ecosystems. The use of carbofuran, one of the most toxic pesticides on the market, is particularly toxic to birds.[xix] White-tailed eagles in the border region between Serbia, Croatia, and Hungary, one of the most important areas for this species, are on the decline. WWF registered only 22 breeding pairs of white-tailed in 2014 in Serbia’s Gornje Podunavlje Special Nature Reserve, and 8 birds were found dead from poisoning by carbofuran later the same year.[xx]

ELC is proud to work with Earth Thrive and International Rivers on our joint campaign to bring rights of nature to Serbia. Together, we aim to recognize nature's rights and evolve current protections of the beautiful, richly biodiverse yet also highly endangered nature in the Balkans.

Together, we have launched two different but related campaigns to bring rights of nature to Serbia:

1. Establishing the legal rights of ecosystems in the Balkans to be free from toxic pollution from pesticides. By recognizing ecosystems in the Balkans as legal entities possessing rights, we can ensure that they are restored to health as a legal right. This campaign will also include defining and establishing a legal right to native, thriving biodiversity for Balkan ecosystems. Practically speaking, this will mean an end to the vastly excessive use of toxic pesticides in this region.
2. Establishing legal rights for rivers within the Balkans, including a right to flow – a right that risks being violated through the development of destructive dam projects. According to the Universal Declaration of the Rights of Rivers, which describes the rights to which all rivers are entitled, “…new dam construction shall only occur when necessary to achieve clean water for … compelling purposes, with such dams only built upon securing the full free, prior, and informed consent of indigenous and other impacted communities….”

These campaigns will build from rights of nature victories across the world – including in Ecuador, Bolivia, New Zealand, Colombia, and the United States. It is our sincere desire that by establishing legal rights for nature in Serbia, we can permanently protect nature within its invaluable ecosystems, including from destructive pesticide use.

What you can do about it today

• Stay informed with our newsletter
• Volunteer locally or remotely
• Support Earth Law Center

---

[i] Pesticide legislation in the EU - European Parliament - Europa EU

[ii] https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4553536/

[iii] Pesticide legislation in the EU - European Parliament - Europa EU

[iv] https://www.pan-europe.info/issues/pesticide-use-europe

[v] https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3108117/

[vi] https://www.eea.europa.eu/airs/2017/environment-and-health/pesticides-sales

[vii] https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3108117/

[viii] pesticides - World Health Organization

[ix] http://www.pesticide-free-towns.info/policy-strategies

[x] https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=celex%3A32009L0128

[xi] http://www.pesticide-free-towns.info/policy-strategies

[xii] http://foothillsoffrance.com/2017/01/19/france-goes-pesticide-free/

[xiii] Measures against Endocrine Disrupting Chemicals - Wemos

[xiv] http://ec.europa.eu/environment/enveco/taxation/pdf/ch17_pesticides.pdf

[xv] https://www.theguardian.com/environment/2017/oct/24/eu-brink-historic-decision-pervasive-glyphosate-weedkiller

[xvi] https://www.npr.org/sections/thetwo-way/2018/04/27/606355288/eu-to-completely-ban-outdoor-use-of-pesticides-blamed-for-devastating-bees

[xvii] Pesticide Action network euroPe - PAN Europe

[xviii] http://earthsendangered.com/search-regions3.asp

[xix] https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2984095/

[xx] http://www.asser.nl/media/2271/cms_eel_id109_1_neap-eng.pdf

Earth Law Ocean Framework Launches!

By Kaitlyn O’Halloran

Michelle Bender, Ocean Rights Manager at Earth Law Center, unveiled the final Earth Law Framework for Marine Protected Areas at the Ocean Conference at EARTHx on Earth Day 2018.

Building on past and current protections, this Earth Law Framework adopts a holistic, systems and rights-based approach to governance. This ocean framework provides guidance to countries establishing marine protected areas.

As commercial fishing stocks run decline and images of the Great Pacific Plastic patch spread over the media, we are all looking for ways to protect the ocean — which covers 70% of the planet we call home.

How is this different from existing ocean protections?

Rather than looking at the ocean as a limitless resource, the Framework considers the ocean as a fellow subject — that is, an entity with a legal right to exist, thrive and evolve.

The ocean rights framework specifically calls for:

• the legal recognition of marine protected areas;

• the legal recognition of the rights of and values associated with marine protected areas;

• the appointment of guardians to represent marine protected areas’ interests;

• the right for humans to speak on behalf of marine protected area in legal matters;

• the application of legal rights in the existing governance system.

Only 4% of the ocean remains undamaged by human activity

The scale and inaccessibility of oceans means that we have better maps of Mars than the ocean [1].  The “out of sight, out of mind” syndrome comes into play, since if we don’t know what damage has been done, it’s the same as no damage at all.

Ten years ago, an international team of scientists led by Dr Benjamin Halpern of the National Center for Ecological Analysis and Synthesis in Santa Barbara, USA, developed the first detailed global map of human impacts on the seas, using a sophisticated model to handle huge amounts of data. The team divided the world’s oceans into square kilometer sections and combined data for each section on 17 different human impacts to oceans, including fishing, coastal development, fertilizer runoff, and pollution from shipping traffic [2].

Their findings showed that just 4% of the world’s oceans remain undamaged by human activity. Climate change, fishing, pollution, and other human activities have taken their toll in some way on all the other 96% of the world’s oceans. 41% of the oceans are seriously damaged [3].

Research says fish are sentient

According to the Royal Society for the Prevention of Cruelty to Animals (RSPCA), fish are sentient animals who form friendships, experience “positive emotions” and have individual personalities. The RSPCA published a landmark new study which found zebrafish are social animals in a similar way to humans and other mammals [4].

Fish can also reason their way through a space-time puzzle designed by humans. Cleaner wrasse chose between eating from two plates: one blue, one red. If they started with the red, the blue plate stayed and they could have both. If they started with the blue, then the red plate was removed. Elsewhere, similar experiments have been done with three species of intelligent primates: eight capuchin monkeys, four orangutans, and four chimpanzees.

The fish solved the problem better than any of the primates. Of the six adult cleaner wrasses tested, all six learned to eat from the red plate first. It took them around 45 trials to figure it out. In contrast, only two of the chimpanzees solved the problem in less than 100 trials (60 and 70, respectively). The remaining two chimps, and all of the orangutans and monkeys, failed the test. The test was then revised to help the primates learn, and all of the capuchins and three of the orangs got it within 100 trials. The other two chimps never did [5].

By way of comparison, one of the study’s authors, Redouan Bshary, tried the test on his four-year-old daughter. After one hundred trials she had not learned to eat from the red plate first [6].

What difference will Earth Law make?

There are many practical and immediate ways that Earth Law can strengthen and accelerate efforts to protect and restore ocean health.

• Earth Law will require regulations to regulate harmful human activities from land. For plastic pollution for example, plastic manufacturing, handling, and transportation facilities could be required to implement minimum best management practices (BMPs) to control discharge and a 1mm mesh screen installed downstream from all preproduction plastic locations.

• Reduce carbon dioxide emissions. For instance by driving the transition to renewable energy, and decreasing subsidies to the fossil fuel industry.

• Reduce fishing pressures to levels that allow the fish populations to naturally regenerate themselves to as close to the natural carrying capacity of the ecosystem as possible. This includes the establishment of no-take zones, stricter quotas, seasonal closures etc.

Earth Law also places the burden of proof on those wishing to undertake the extractive activity. They must show that the activity will not violate the MPA’s rights (compared to the current situation where defenders of ocean health bear the burden of proof and must prove to a court of law that the proposed activities will harm ocean health before legal action can be taken). The different roles for humans in Earth Law include the following:

• Guardians for the ocean can participate in any legal process affecting the ecosystem (particularly “appearing before national legislative and rule-making bodies to help clarify ocean impacts of proposed actions”), develop or review any relevant guidelines, monitor the health of the MPA [marine protected area], monitor compliance with applicable laws and treaties, and represent the ecosystem in disputes. The guardians have “standing” on behalf of the marine protected area.

• Citizens can seek injunctive relief from harmful activities such as oil spills, overfishing, plastic pollution etc. not only for funds to be applied toward restoration but for a change in behavior. Required injunctive relief could be stricter fishing quotas or moratoriums on taking species if the level or way of hunting is violating the species’ rights.

• Local communities can fulfill their collective responsibility and press for government action if a protected area is not being implemented, reducing the phenomenon of paper parks.

Earth Law Framework already at work

Organización para la Conservación de Cetáceos (OCC), a small non-government organization in Uruguay, focuses on marine conservation. In 2013, a delegation of primary and secondary students led by OCC met face-to-face with parliamentarians to designate Uruguay’s territorial sea as a sanctuary for Whales and Dolphins.

Uruguay adopted law 19.128 in September 2013, prohibiting the chasing, hunting, catching, fishing, or subjecting of cetaceans to any process by which they are affected or harmed.

Thirty-one species of cetaceans, either resident or migratory, exist within the Sanctuary, including the Southern Right Whale and the endangered La Plata Dolphin. In this region, the convergence of two major ocean currents, the Rio de la Plata estuary, “and the relatively shallow waters of the area, combine to produce a singular hydrographic system.” This creates one of the “most productive aquatic systems in the world, used by many demersal fish for spawning and nursing and sustains several artisanal and industrial fisheries [7].”

Earth Law Center is partnering with OCC to establish legal rights for Uruguay’s Whale and Dolphin Sanctuary. Designating the Sanctuary as a legal entity subject to basic rights will:

• Require the government to support the creation of a management plan for the Sanctuary

• Require the State to protect, restore, and maintain the health of the Sanctuary, namely through the establishment and implementation of marine protected areas

• Help the country reach the SDG and CBD AICHI targets — 10% of national waters protected by 2020

• Regulating tourism and shipping traffic to have minimal effect on cetaceans in the Sanctuary

• Prohibiting extraction, seismic exploration, offshore drilling and deep sea mining in critical areas

Achievements include promoting a decree for responsible whale watching (261/02), promoting the installation of viewing platforms along the coast and establishing protocols of good marine practice and certification.

Next steps include:

• Submit a proposal to Parliament to designate legal rights for the Sanctuary through a legal decree

• Draft the management plan for the Sanctuary informed by ELC’s model MPA framework and coordinated with the National System of Protected Areas

• Plan participatory meetings in each community, including technicians in fisheries and marine management

We have submitted a Hope Spot application to Mission Blue to amplify awareness and impact of campaign. A decision should be made by the Sanctuary's fifth anniversary in September 2018.

Ocean conservation organizations worldwide are supporting the Earth Law Framework. In fact, the framework has spurred conversations and partnerships in over 35 countries. We all agree that our approach needs to change, and that we must respect and protect the ocean. Earth Law provides the way to implement this change and respect for life.

Conclusion

Let’s work together to reverse the decline of ocean health before it is too late.

Our actions add up. The state of Hawaii recognizes this by becoming the first state to ban sunscreens which contain oxybenzone and octinoxate (present in about 60% of commercial sunscreens today). Scientists have found that these chemicals contribute to coral bleaching.  An estimated 14,000 tons of sunscreen is believed to be deposited in the ocean annually, with the greatest damage found in popular reef areas in Hawaii and the Caribbean [8]. Taking effect in 2021, the law helps nudge manufacturers to do what they have thus far been unwilling to do – make a reef safe sunscreen.

We are at a critical juncture in human history, we have the unique opportunity to help protect and restore ocean health. Here is a framework that provides a tangible and innovative solution. Let’s work together to protect our oceans both now and for future generations.

How Can You Help?

To ensure the ocean’s health and future for many years to come, we must take advantage of this opportunity to change the way the ocean is treated. There are various ways in which you can help protect the oceans and support the Framework for Marine Protected Areas:

• We can enforce the Earth Law Framework for Marine Protected Areas by establishing legal standing for the oceans. Read the framework here.

• We can work on local levels to ensure that the rights of the ocean are being acknowledged and protected. Launch a local initiative here.

• We can ensure that the inherent rights of the ocean are made known to the public and legislators alike, to promote the Earth Law Framework so its guidelines are efficiently enforced. Volunteer with Earth Law Center here.

• We can encourage our representatives to implement the guiding principles of the Earth Law Framework when making decisions which affect the ocean’s health. Donate here.

• We can continue to become more informed citizens, focusing on efforts to further protect the ocean and its inherent rights. Sign up for the Earth Law Center Newsletter here.

---

1. https://www.nasa.gov/audience/forstudents/5-8/features/oceans-the-great-unknown-58.html

2. http://oceanleadership.org/state-of-our-oceans/

3. http://oceanleadership.org/state-of-our-oceans/

4. https://www.independent.co.uk/news/science/fish-sentient-animals-friends-positive-emotions-study-study-source-ethics-eating-pescaterians-vegans-a7660756.html

5. http://nautil.us/issue/40/learning/fish-can-be-smarter-than-primates

6. What a Fish Knows by Jonathan Balcombe p.128

7. Miloslavich P, Klein E, Díaz JM, et al. Marine Biodiversity in the Atlantic and Pacific Coasts of South America: Knowledge and Gaps. Thrush S, ed. PLoS ONE. 2011;6(1):e14631. doi:10.1371/journal.pone.0014631.

8. https://www.nytimes.com/2018/05/03/travel/hawaii-sunscreen-ban.html

River Protection: Crucial in an Age of Dwindling Snowpack

Rocky Mountain High by Peter Stabolepszy Creative Commons

By Kristina Cowell

Introduction

In cold weather climates, layers of snow accumulate at high altitudes. When this snow melts it feeds into streams and rivers, hydrating fresh water ecosystems and supplying communities with drinking water.[i]

This “snowpack” serves another important function. It keeps the ground and soil moist by covering it into spring and summer. Plentiful snow delays the onset of the fire season and reduces the prevalence and severity of wildfires.[ii]

As the planet warms, snowpacks are melting and evaporation rates increasing. Precipitation that would have fallen as snow instead comes as rain. Scientists from Stanford University and Columbia University's Earth Institute have studied global snowpack declines, finding that it will impact drinking water for nearly 2 billion people.[iii]

The areas projected to be worst hit by dwindling snowpack are the San Joaquin basin in Western United States, the Colorado River basin that spans several US states and Mexico, and the Syr Darya basin of Central Asia. [iv]

Over the last 60 years, Western US states have seen reduced snowpack, with the largest reductions occurring in lower elevation mountains in the Northwest and California. From 1955 to 2015, April snowpack declined at over 90 percent of the sites measured.[v]

Rocky Mountain snowpack also on the wane

As much as 75 percent of water supplies in the Western states are derived from snowmelt.[vi] So less snowpack means potential water shortages, for rivers and humans alike.

The Central and Southern Rockies recorded snowpacks of as low as 50 percent of normal in April 2018.[vii] A continued dry spell risks setting a new historic low for the current snowpack of 2017-2018.[viii]

Not only do the central and southern Rockies have less snowpack than they used to, but this snowpack melts earlier, too.[ix] Early snowmelt seasons happen with overall warmer seasonal temperatures and smaller snowpack conditions.

Like clockwork, snowpack throughout the West builds up during the winter months then melts and fills streams in the summer – just when it’s needed the most. When the snowmelt season shifts even by a few weeks, this can significantly disrupt nature’s cycles, as well as the work of water planners to meet human needs.

How does water law work in the West?

The prior appropriation doctrine dominates water governance in the Western States (with the exception of California, Oregon and Washington, which combine prior appropriation with the riparian system found on the East Coast of the US).

The prior appropriation doctrine first emerged to help settle the West with a “first in time, first in right” approach to water rights. These original delegations of water rights still hold true to this day. Miners during the Gold Rush received many of the first water rights, which they’ve since passed down or sold for municipal, agriculture and a number of other “beneficial uses.”

Historically, such beneficial uses only included agricultural and municipal uses. Any water left in streams was considered a waste, since the law did not consider instream flows and ecological preservation.

However, in the latter half of the 20th century, citizens and lawmakers began pushing for ecological habitats and recreational uses to be considered beneficial uses. This has since been added into many jurisdictions.

The hardest working river in the West US: The Colorado River

Wikimedia Commons

The Colorado River is the country’s sixth largest river, running for 1,450 miles. It flows through 11 national parks, seven states and two countries (USA and Mexico), supporting diverse ecosystems, fish species and communities along the way. It also supplies water for major industries, supporting a $1.4 trillion annual economy and 16 million jobs. A few of these industries are agriculture, fishing and recreation.

Unfortunately, this also means the Colorado River is allocated as property down to its very last drop, and then some. For every primary water right, there are secondary, tertiary, and so on water rights waiting to use any leftover water not initially diverted and put to use. This overindulgence of water rights leaves scant flows for the river itself.

Wanting to tame the reliability of available flows to fulfill these water rights, governments have built fifteen dams on the main stem of the Colorado and hundreds more on its tributaries.[x] This “reliable” water supply has been the wholesale devastation of freshwater ecosystems. Dams are now known to block fish migration, disrupt natural flow processes, and dry up waterways, to name a few impacts.[xi] With many fish species on the brink of extinction, many have asked: can’t we just use less water and restore our precious rivers to health?

This year’s low snowpack is bad news for rivers

The National Resource Conservation Service reports on flows and projections for Western water.[xii] According to their latest outlook published on April 6, 2018, the hardest hit areas will be Colorado, Utah, Arizona and New Mexico. These states will see less than half of normal streamflow. Known for their desert landscapes and aridity, these states also serve as epicenters of recreation and biodiversity within their aquatic landscapes and extensive river networks. [xiii]

Arizona’s snowpack, which is already less than 25% of normal, began to melt much earlier in April than usual, leaving ecosystems parched. In Colorado, a major headwater state, the snowpack began to dwindle before it even had a chance to grow. The statewide snowpack of Colorado sits at just over 65% of normal with the Southern regions hurting disproportionately more. It is estimated that the Southern rivers like the Animas, Dolores and San Juan will only see around 30% of normal flow this summer.[xiv]

How to protect rivers in an age of dwindling snowpacks

The majority of the Colorado River basin is used for agriculture. In the arid Western climate it is a vital source of water. On average from 1971 - 2005, agriculture consumed 5,507,780 acre feet annually while municipal and industrial thermoelectric power combined only used 1,872,633 acre feet annually on average.[xv]

The best way to help the Colorado River is to buy products that were farmed in the West by using more sustainable methods. Drip irrigation is an extremely efficient form of irrigating crops and can reduce water consumption by 25%, yet is not widely used because it is also one of the most initially expensive ways to irrigate massive plots.[xvi]

Certain states, such as Oregon, have adopted laws to help keep instream flows. The Instream Water Right Act was adopted in 1987, and has issued more than 900 state agency-applied instream water rights. In order to put water instream, they have transferred water from time-limited transfers, permanent instream transfers and allocation of conserved water.[xvii] 

Each of our actions makes a difference

While the challenges are great, there are practical and immediate steps everyone can take to protect and restore streamflow in our rivers. Here are a few ideas:

• Take action as a water user. As a concerned citizen you can avoid water intensive produce like almonds, alfalfa and rice. Much of the winter produce is grown in the Yuma Valley and Imperial Valley, both of these valleys sit in what would be a desert with limited water supply, but still consume a vast majority of diverted water in the area.
• Call for cutting-edge water conservation measures. The Colorado River Basin water supply forecasts look grim for this summer, with much of the river basin under 50% of average. This summer will need to see a number of combined conservation efforts from users and planners.[xviii] You can help by calling upon the authorities to take action.
• Modernize our water governance to meet modern water challenges. The prior appropriation water law must be changed to allow for more flexibility within water rights holders’ areas for conservation and collaboration. Outdated laws from initial settlement of the West should no longer apply to current issues.
• Recognize the legal rights of rivers to flow. Rivers are the backbone of the Western US, and without them we would not survive. The rights to a river’s flows should not be owned by only humans or corporations, but also by the river itself.

Earth Law principles for rivers

Earth Law recognizes rivers as living entities with legal rights to exist, thrive and evolve. Adopting legal principles to protect rivers will help us to reconfigure our relationship with river ecosystems. After all, rivers underpin much of our ability to thrive in otherwise inhospitable environments.

Earth Law legal principles for rivers include:

Wikimedia Commons

1. Requiring the most efficient water use technologies in order to restore flows to waterways
2. Taking action as a water user
3. Requiring cutting-edge water conservation measures
4. Modernizing our water governance to meet modern water challenges
5. Recognizing the legal rights of rivers to flow

To put such theories into effect, a new rights of rivers campaign has been launched for the Boulder Creek Watershed in Colorado. Boulder Rights of Nature, of which Earth Law Center is a member, is developing a plan to give this Watershed legal rights. One of these rights will be a legal right to flow. Enforcing this right will require ensuring minimum “lifeline” flows for Boulder Creek. And Boulder Creek itself will own those flows as a legal entity. If successful, Boulder Creek can be a model for many other watersheds in the United States and worldwide.

Join the global movement to restore rivers

• Stay informed of Earth Law Center
• Volunteer with ELC
• Sign the petition here
• Support ELC

Contact ELC if you want to work on your own river rights campaign

[i] https://en.wikipedia.org/wiki/Snowpack

[ii] https://blog.epa.gov/blog/2015/06/the-importance-of-snowpack/

[iii] https://news.vice.com/article/dwindling-snowpack-around-the-world-threatens-the-water-supply-for-2-billion-people

[iv] https://news.vice.com/article/dwindling-snowpack-around-the-world-threatens-the-water-supply-for-2-billion-people

[v] https://blog.epa.gov/blog/2015/06/the-importance-of-snowpack/

[vi] https://water.usgs.gov/edu/watercyclesnowmelt.html

[vii] https://www.wcc.nrcs.usda.gov/ftpref/support/drought/dmrpt-20180308.pdf

[viii] https://www.wcc.nrcs.usda.gov/basin.html

[ix] https://archive.epa.gov/climatechange/kids/impacts/signs/snowpack.html

[x] https://en.wikipedia.org/wiki/List_of_dams_in_the_Colorado_River_system

[xi] https://www.internationalrivers.org/environmental-impacts-of-dams

[xii] https://www.wcc.nrcs.usda.gov/basin.html

[xiii] https://www.wcc.nrcs.usda.gov/ftpref/support/drought/dmrpt-20180308.pdf

[xiv] https://www.wcc.nrcs.usda.gov/ftpref/support/drought/dmrpt-20180308.pdf

[xv] http://web.mit.edu/12.000/www/m2012/finalwebsite/problem/coloradoriver.shtml

[xvi] https://www.coloradocollege.edu/other/stateoftherockies/2017-state-of-the-rockies-report/2013rc/Agriculture.pdf

[xvii] http://www.oregon.gov/owrd/pages/mgmt_instream.aspx

[xviii] https://www.cbrfc.noaa.gov/

Earth Defenders Launch “One Vote for Nature” Campaign

By Darlene Lee

From global temperature rise to acidifying oceans, from shrinking ice sheets to rising sea levels [1], it’s no wonder climate change is the biggest global concern for 18 to 35 year olds across the planet.

The World Economic Forum’s Global Shapers Survey of 25,000 young people from 186 countries found that nearly half rank climate change and the destruction of nature as the most serious issue affecting the world today. [2]

Emerging environmental solutions

Is there a solution to the global environmental crisis? Earth Law Center, joining with many organizations and advocates around the world, propose that a paradigm shift in our perspective is critical to strengthening and accelerating our progress in halting the destruction of our natural world.

Rather than seeing nature and the myriad nonhuman species living with us on the planet as objects, the shift is to see them as fellow subjects — that is, deserving of rights to exist, thrive and evolve (just as we expect to have those rights for ourselves and our descendants).

The rights of nature movement is growing worldwide — from Nigeria to France to the United States, to name but a few. So far, much of the movement has focused on giving legal rights to particular ecosystems or recognizing nature’s rights within a particular administrative region; or even a whole country, as is the case with Bolivia and Ecuador.  

But in addition to recognizing nature’s rights, we must also begin to integrate nature into our democratic systems. By doing so, we can ensure that nature has a seat at the table, and that its voice is heard in the decision-making that affects its very existence.

Earth Law Center’s One Vote for Nature Campaign

Building on the drive to recognize rights of nature, the “One Vote for Nature” Campaign seeks to give nature one seat in legislative bodies throughout the world; including city councils, state and national legislatures, and more. By having a voice in decision-making, nature can advocate for its health and very existence by voting on new laws, resolutions, and policies. This approach recognizes the fairness of giving nature a say in the decisions that will impact its well-being. This is fairer than humans making decisions for all of the Earth’s species and ecosystems.

"I was giving a talk at the UN and looked back at the General Assembly, and thought it was amazing that there was no seat for nature," says David Mayer de Rothschild, head of Sculpt the Future Foundation, a charity that supports innovations and creativity in social and environmental impact efforts. de Rothschild - who also founded Adventure Ecology, Myoo Agency and Mpact - also mentioned an idea to create a special envoy for nature at the UN since special envoys for oceans, peace, refugees already exist.

So how does nature get a vote if it can’t speak, at least in the traditional sense? ELC proposes that the basic framework would work as follows: 

• Nature is given one seat (to start) on every legislative body. This may require amending constitutions, charters, bylaws, etc.

• A body of experts and scientists represents nature from academia, civil society, indigenous groups, and/or other appropriate individuals.

• For each issue that comes to a vote, “nature” (as represented by the body of experts) casts its vote based on nature’s best interests.

• The body of experts also releases a short, science-based memorandum citing scientific, biocultural, and other support for its vote.

Nonhuman government candidates have been elected before

Contrary to what you may think, this would not be the first time a nonhuman candidate has been elected. Although nonhuman electoral candidates have usually been a means of casting a protest vote or satirizing the political system, there have still been scores of examples of nonhuman electoral candidates actually winning. Just in the US, these include:

A cat named Stubbs

• Boston Curtis, a brown mule, was offered as a candidate for a Republican precinct seat in Milton, Washington in 1938, winning 51 to zero. [3]

• Bosco the dog, a black Labrador-Rottweiler mix, was elected mayor of Sunol, California (1981–1994). [4]

• In 1997, a cat named Stubbs was elected mayor of Talkeetna, Alaska. Although his title as mayor was honorary, he was featured as a write-in candidate for the 2014 U.S. Senate race in Alaska. [5]

• In August 2014, seven-year-old Duke The Dog won an election and became the new mayor of Cormorant, Minnesota. [6]

While these examples may be merely symbolic or even humorous rather than operative, they still support the notion that nonhumans can be elected to public office. If we can flippantly elect cats, dogs, and mules, why not elect representatives of nature to ensure its voice is heard in our democratic processes?

Evening the playing field with corporations

The courts have long treated corporations as persons in limited ways for some legal purposes. They may own property and have limited rights to free speech. They can sue and be sued. They have the right to enter into contracts and advertise their products. [7]

With the landmark Citizens United decision in 2010, the US Supreme Court overturned 20 years of rules that governed the financing of the nation's political campaigns. Corporations can now spend unlimited money in elections. [8] US elections, once founded on the principle of individuals giving limited, disclosed contributions, changed to allow individuals and organizations to give hundreds of thousands, or even millions of dollars without disclosure.

Consider the disproportionate impact that a few organizations and individuals now have in the US political system based on their contributions:

• During the 2016 election cycle, the 20 largest organizational donors gave a total of more than $500 million, and more than $1 billion came from the top 40 donors. [9]

• In the 2012 election just 31,385 donors who make up .01 percent of all Americans contributed more than 28 percent of the money spent. [10]

• In the 2014 election, just 100 individuals and their spouses contributed 37 percent of the money raised by Super PACS. [11]

Considering the massive political influence corporations have on elections, it makes sense to give nature its own tools to participate in our democracy. While nature is unable to participate in the human-created political finance game, it can be given basic representation in our democratic systems. And best of all, once it has a legislative seat, nature’s vote cannot be bought — even by the richest corporation.

Putting the “One Vote for Nature” Campaign into action

Already, there is strong precedent to build from for ELC’s “One Vote for Nature” Campaign. For example, countries that recognize the rights of nature often appoint guardians to put those rights into practice. In New Zealand, for example, a treaty agreement between the indigenous Māori iwi and the New Zealand government appointed several guardians, including representatives from both the Māori and the government, to implement the rights and interests of the Whanganui River.

Additionally, the rights of the Atrato River in Colombia are being implemented by legal guardians consisting of a governmental and community representative. The community representative, at first envisioned as a single individual, has evolved into a body consisting of several community members who act democratically on behalf of the river.

In taking the next step by giving nature actual legislative seats, we can learn from these models. One important lesson is that local community members that live within an ecosystem in question, especially indigenous peoples, are essential voices for nature. Another lesson is that it does not have to be one single individual that speaks on behalf of nature, it can be many.

Conclusion

While nature has existed from time immemorial, human-created governance emerged only recently. Our governance has greatly benefited many marginalized groups, from minorities to women to persons with disabilities. But it also continues to leave many voices underrepresented. One of those voices is that of nature, whose rights and interests are continually marginalized. By giving nature legislative seats across the world, we can begin to give it the voice it needs.

Want to seek a legislative seat for nature in your own community? Contact Earth Law Center at info@earthlaw.org and let’s get to work.

How else you can help

• Sign up for the ELC monthly newsletter to stay informed

• Join us and volunteer

• Support us and donate

• Or start a new initiative

---

1.  https://climate.nasa.gov/evidence/

2.  https://www.weforum.org/agenda/2017/08/these-are-the-issues-keeping-millennials-awake-at-night-shapers-survey-2017/

3.  http://content.time.com/time/magazine/article/0,9171,788780,00.html

4.  https://www.nbcbayarea.com/news/weird/The-Bosco-Ramos-Story-to-be-Immortalized.html

5.  https://www.cnn.com/2012/07/17/us/alaska-cat-mayor/index.html

6.  http://www.businessinsider.com/a-cat-mayor-just-announced-his-campaign-for-senate-in-alaska-2014-11

7.  http://minnesota.cbslocal.com/2014/08/13/duke-the-dog-elected-mayor-in-cormorant-minn/

8.  https://www.npr.org/templates/story/story.php?storyId=122805666

9.  https://www.opensecrets.org/news/2018/02/how-citizens-united-changed-campaign-finance/

10.  https://www.washingtonpost.com/news/monkey-cage/wp/2014/12/15/why-we-still-need-to-worry-about-money-in-politics/?noredirect=on

11. Lioz & Shanton, “ The Money Chase”

The Rights of Nature under the World Trade Organization and the General Agreement on Tariffs and Trade

Photo by Wil Stewart at unsplash.com

by Jason Grewal and Spencer Moore

Introduction

The World Trade Organization (WTO) was established in 1995 as the successor to the General Agreement on Tariffs and Trade (GATT). The GATT was founded to reduce tariffs, and much of its original text is still in effect under the WTO’s framework. Since its inception, the WTO has worked to liberalize international trade and increase global prosperity -- at least according to its own interpretation of what it means to be prosperous.

According to the WTO, the responsible use of nature and the promotion of sustainable development is fundamental to achieve its objectives. Trade liberalization and economic progress are reliant upon stable and predictable conditions. These conditions are dependent on  a robust planetary environment. Trade and the environment have a dynamic relationship that has been recognized by the 1992 Rio Summit, 2002 Johannesburg Summit, and the 2005 UN World Summit. These conferences have been accepted and referenced by the WTO.

Environmental Critique of the WTO

Prior to discussing the WTO’s environmental rules, it is important to establish upfront that many consider the WTO’s liberalized trade agenda to be fueling global environmental degradation. Here are a few examples as to why. First, free trade favors countries that have the loosest environmental laws, incentivizing a “race to the bottom” for environmental protection. Second, the WTO also favors goods from countries that heavily subsidize environmental degradation, such as through mining and fossil fuel subsidies. Finally, the underlying philosophy of the WTO is to maximize GDP regardless of impacts on nature and human communities. Why not maximize environmental and human prosperity, instead?

WTO Rules to Protect the Environment

With that background in mind, the WTO does provide members a vehicle to adopt rules and regulations to protect the environment. These rules enforce a balance (uneven as it may be) between trade and nature, allowing members the right to restrict trade for ‘legitimate purposes’. Legitimate purposes are defined by Article XX of the WTO regulations, instructing member states (i.e., countries) to protect “humans, animal or plant life and health, and natural resources.” These rights for members have been confirmed in various WTO dispute settlement rulings.

A significant legal dispute in 1998, India Etc. v U.S., (known as the ‘shrimp-turtle’ case) reaffirmed member states ability to protect “human, animal or plant life and health and to take measures to conserve exhaustible resources.” But before digging into this landmark decision, it is helpful to understand the basic environmental landscape of the GATT.

Exceptions for Environmental Measures under the GATT

The GATT does not address specific environmental questions. The dispute resolution mechanism outlined by the organization, however, has been frequently used to settle environmental disputes between states. These disputes were in regard to important general exceptions under Article XX of GATT. Several panel reports found that certain trade restrictions were either discriminatory or unnecessary to achieve environmental objectives.

Environmental concerns are addressed by paragraphs (b) and (g) under Article XX of GATT. The rule states that GATT shall not prevent the adoption or enforcement or measures that are:

(b)   necessary to protect human, animal or plant life or health;

(g)   relating to the conservation of exhaustible natural resources if such measures are made effective in conjunction with restrictions on domestic production or consumption;"

Note that there are exceptions to these rules, such as if a trade body determines that an environmental measure is actually a disguised restriction on international trade. Another exception is if an environmental measure is unjustifiably discriminatory against certain countries. But basically, a state is allowed to pass laws that justifiably protect its environment -- although, to many, this should never be in question.

Interpreting the GATT: Environmental Disputes Prior to the US – Shrimp Case

With that caveat in mind, GATT panel decisions have interpreted some of the key terms in the Article XX environmental exceptions -- including the terms ‘necessary’, ‘relating to’, ‘in conjunction with’, and ‘exhaustible natural resources’. The panel decisions also analyzed the jurisdictional reach of acceptable state action. Consider the following examples:

1. General Application: The party to invoke Article XX is responsible for the burden of proof. Also, before the Panel will examine any Article XX claim, there must be a violation of the substantive obligations under the GATT.
2. The Preamble: In United States – Imports of Certain Automotive Spring Assemblies, the panel made clear that the effect, not the substance, of the measure taken by a state must be scrutinized.
3. “Necessary”: In Thailand – Cigarettes, the “least inconsistent” test was established. The panel held that an import restriction is “necessary” under Article XX(b) “only if there were no alternative measures consistent with the General Agreement, or less inconsistent with it.” So basically, measures must be as consistent with GATT as possible.
4. “Relating to”: In Canada – Herring and Salmon, the panel stated that, “[a trade measure] had to be primarily aimed at the conservation of an exhaustible resource…to be considered ‘relating to’ within the meaning under Article XX(g).
5. “In conjunction with”: In the same case, the panel stated that a trade measure “[could] only be considered to be made ‘in conjunction with’ production restrictions if it was primarily aimed at rendering effective these restrictions.”
6. “Exhaustible natural resources”: The Panel under the GATT and the Appellate Body under the WTO have given a broad meaning to the term “exhaustible natural resource.” Under the US – Tuna case, tuna stocks were said to be an exhaustible resource in need of conservation. In US – Auto Taxes and US - Gasoline, it was determined that clean air was also an exhaustible natural resource that needed to be protected from depletion.
7. Jurisdictional reach: Although governments are unable to coerce other states to adopt certain conservation policies, they have authority to pursue environmental objectives by regulating the conduct of their nationals beyond their own borders. For example, the Panel in US-Tuna II found that “...states are not in principle barred from regulating the conduct of their nationals with respect to persons, animals, plants, and natural resources outside of their territory.”

The US-Shrimp Case

As described above, many have criticized the WTO’s stance on the environment. The Appellate Body decision in the US-Shrimp case, however, cracked open the door towards the protection of the global environment under WTO rhetoric. (Note that the case came after the implementation of the WTO, which evolved from the GATT.)

The case was brought to the WTO by Malaysia, Thailand, India, and Pakistan, who argued that Section 609 of the US Endangered Species Act (ESA) violated the WTO’s non-discrimination and quantitative restriction rules. Using the ESA, the US would only import shrimp from countries with comparable laws to the US regarding the protection of sea turtles when fishing for shrimp.

After being heard by several panels, the Appellate Body ultimately ruled against the United States, finding flaws in its application of Section 609. First, the US required states to essentially apply the same policy as the United States, instead of allowing them to use other techniques based on local conditions. Second, the US did not seriously attempt to reach a multilateral solution with the complainants before imposing its restrictions. Third, the US discriminated against certain states by applying different compliance deadlines for the new rules.

However, there were some positive environmental outcomes from the decision. For example, the Appellate Body found that NGOs are allowed to submit amicus briefs, ensuring that civil society has a voice in international trade disputes. The Appellate Body also made clear that countries have a right to protect the environmental through trade action, so long as they correctly navigate trade rules. It also found that trade measures to protect wildlife, such as sea turtles, are legitimate under Article XX. And in fact, the WTO later upheld US trade rules regarding turtles after they made adjustments based on the Appellate Body’s decision.

Rights of Nature and the WTO

Nature’s fundamental rights are increasingly upheld, predicated on laws from the Ecuadorian constitution and other governmental bodies across the globe. Recent victories have occurred in New Zealand, Mexico City, Colombia, and California, amongst other places. Advocates believe that nature should have rights and privileges similar to people. And why shouldn’t the Earth have ample opportunity for life, liberty, and the pursuit of wellness?

But the global economy continues to treat environmental exploitation as a “cost” and environmental degradation as a “benefit.” And despite some progress, the WTO seems to be perpetuating this flawed framework at the global level.

So ELC is asking the question: Does the WTO framework allow for the enforcement of the legal rights of nature through trade rules? Could a country like Ecuador, which recognizes the rights of nature nationally, implement trade measures that ensure nature’s rights are fully enforced? Or is global enforcement of the rights of nature inherently incompatible with the WTO?

To answer these questions, ELC has assembled a team of legal experts to analyze WTO rules. During summer 2018, we will draft a report with analysis and specific recommendations, based on many of the above trade dispute decisions as well as the language of the GATT itself. And ultimately, we will call for necessary changes to international trade law in order to ensure that nature can be protected and restored to health as a legal right. Please join us!

How you can help

• Sign up for the ELC monthly newsletter to stay informed
• Join us and volunteer
• Support us and donate
• Or start a new initiative