Introduction to Amicus Briefs

Since 2018, ELC has innovated a program to submit amicus briefs in defense of the Rights of Nature and human environmental rights all of the world, with a focus on Latin America. Our hope is that courts will issue landmark court decisions on behalf of rivers and other ecosystems.

Amicus briefs are legal documents filed in court cases by non-litigants with a strong interest in the subject matter. The briefs allow ELC to advise courts of emerging arguments in the field of Earth law.

Join us! Email info@earthlaw.org to learn more or collaborate.

Earth Law Cases

Here are a few of ELC’s recent amicus briefs—just click on the photo or hyperlink to read more. Many are still pending, but we hope to provide positive updates in the near future!

United States

ELC Advocates for Right to a Stable Climate

Earth Law Center joined an amicus brief in Washington State supporting youth plaintiffs' challenges to state policies causing and contributing to climate change. The complaint asserts violations of their fundamental right to a healthful and pleasant environment, which includes a stable climate system. See Aji P. et al. v. State of Washington, (No. 99564-8). The recognition of such fundamental rights is essential to restoring ecological balance and honoring the inseparable connection between humans and the environment. The youth plaintiffs are represented by Our Children’s Trust, while the Center for Environmental Law & Policy led the amicus brief.

Amicus Brief Defends Ballot Initiative Process Used to Advance Rights of Nature

ELC filed an amicus brief in support of the Plaintiffs-Appellants in Beiersdorfer v. La Rose, et al. (No. 20-3557). The lawsuit challenges the constitutionality of Ohio’s ballot access scheme for ballot initiatives. The scheme excludes certain citizen-proposed laws and charters from the ballot despite satisfying procedural requirements, such as the requisite number of signatures. Many of the plaintiffs in the Beiersdorfer case advanced initiatives with provisions recognizing the inherent Rights of Nature, such as the Lake Erie Bill of Rights. ELC submitted its amicus brief in solidarity with community leaders who are writing human’s interconnectedness with the natural world into law to address the ecological crisis.

Special thanks to ELC pro bono attorney Kevin Rivera, Esq. for leading this project.

Amicus Curiae Brief Filed Before Washington State Supreme Court

On September 3, 2021, ELC submitted an amicus brief in the Washington State Supreme Court on behalf of ELC, 350 Seattle, 350 Everett, 350 West Sound Climate Action, Kitsap Environmental Coalition, and Emergency Conservation Committee-PNW. The brief supports the appellants' argument in a landmark case arguing that the Washington State Constitution requires the State to manage forest lands for all the people.

The state currently logs forest lands (including old growth and legacy forests) to maximize profits for specific trust beneficiaries. ELC’s amicus argues that the constitution must be interpreted in light of the climate crisis and introduces the concept of a constitutional right to live in a balanced relationship with the Earth. Special thanks to ELC summer intern Abigail Contreras, Anastasia Maier, Esq. and the National Lawyers Guild, Seattle Chapter, Living Systems Committee for their invaluable contributions. 

ELC Supports Rights of Ecosystems in Aerial Pesticide Bans

On September 1, 2021, ELC joined Dr. Craig M. Kauffman in supporting a petition to the Oregon Supreme Court for review of Lincoln County’s aerial pesticide spray ban, which includes recognition of the rights of ecosystems. The trial court denied the Siletz River Ecosystem’s motion to intervene but recognized the issue’s importance and suitability for resolution by a higher court. Lincoln County Community Rights advanced the measure with support from the Community Environmental Legal Defense Fund.

Latin America

Partners

We are proud to have worked with some of the following groups in submitting amicus briefs:

Want to collaborate with us to submit an amicus brief in defense of the Rights of Nature, as well as human environmental rights and the rights of future generations? Contact us to speak with one of our lawyers.