One Innovative Approach to Rebalancing the Human Nature Relationship: Ecocide

“Ecocide” means the killing of our home: “eco” from oikos, house in Greek, and “cide” from cidere, to kill in Latin. The full legal definition can be read here.

Earlier this year, the organization End Ecocide International led a team of legal experts to draft a “historic” definition of ecocide. This would pave a path to adding mass environmental destruction to the list of crimes the International Criminal Court can prosecute.

Advocates hope  the crime of ecocide will be recognized by the International Criminal Court, which investigates and tries international crimes, including genocide and war crimes. 

The ecocide draft law is a milestone for the many individuals, organizations and countries who have pursued this approach as a way to hold the worst polluters accountable. In 1970, Arthur Galston, a plant biologist at Yale, introduced “ecocide” to describe the significant environmental harms caused by the chemical warfare used to strip away vegetation during the Vietnam War. The late Swedish prime minister, Olof Palme, pushed the concept at the 1972 UN environmental conference in Stockholm. 

Beyond the movement to codify ecocide within international law (about a dozen countries now have domestic ecocide laws), the new definition provides a model for various national level legal proposals as well, a secondary goal of the panel. France has already moved to include ecocide in its own new national Climate and Resilience Act, while simultaneously asking its parliament to consider supporting the calls for ecocide to be included in international criminal law. Mexico, the U.K., and Chile are all considering incorporating ecocide into their laws (or in Chile’s case the constitution) as well. 

Protecting Wild Nature in the Balkans 

Earth Law Center (ELC) first covered ecocide in 2020, read the blog here. ELC partners with Earth Thrive and others to seek remedies for the ecocide being committed in the Balkans by thousands of small hydro facilities being built on some of Europe’s last wild rivers (read a previous blog here). These small dams and diversions fragment and dewater countless rivers, some being drained or enclosed completely. In Serbia alone, some 800 dams are planned. This onslaught against rivers is encouraged by laws in Serbia and other Balkan countries that promote small hydro, as well as EU-level policies (such as the Renewable Energy Directive) that promote dams as “renewable” energy despite the reality that they permanently devastate freshwater ecosystems. 

This issue was presented by ELC and Earth Thrive at a recent ‘Rights of Nature Tribunal’ (a civil society initiative hosted by the Global Alliance for the Rights of Nature) focused on freshwater ecosystems in Europe. The Tribunal finding that "it is possible to conclude that the operators of hydroelectric dams and the State of Serbia are jointly responsible for a crime of ecocide" and that "other States in the Balkans are likely to have committed or allowed to commit crimes of ecocide as a consequence of their dam-building programs.” Now, we are expanding our campaign by seeking practical reform in Serbian, Balkan countries, and the EU. 

Implications beyond international law

Earth Law Center, in its work to transform the law to protect all life on the planet, fully supports the new definition of ecocide as well as its inclusion in the Rome Statute. 

To fulfill our mission, our team of legal experts helps write and enforce a new generation of Earth-centered laws, including laws recognizing the Rights of Nature, the rights of future generations, Indigenous rights, recognizing ecocide as a crime, and others. 

We call this broad field “Earth law,” like human rights law but for all living species. 

In addition to legal advocacy, ELC also wrote the first and only law school coursebook on Earth law, which includes a chapter on ecocide.  

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• For any questions, please feel free to reach out to info@earthlaw.org
  

Heat Check: Post-COP26

By Jason Effmann

Coming out of the COP26—a terrible name for a climate conference if ever there was one, in that the C is not for “Climate” but “Conference” and the P isn’t “Planet” but “Parties”—it’s easy to feel frustrated that more wasn’t accomplished.

The ELC’s own Ocean Campaign Director, Michelle Bender—who was in attendance and opened a panel on Rights of Nature—summarized COP26 as business-as-usual. “Governments and the one-percent are failing to make the necessary changes due to a false assumption that climate action is a cost to our economy,” she said, “when in fact climate action is a win for all. One way or another the Earth will force us to change our behavior. We can either be proactive, or we can wait until we have no other option.” 

Future Prime Minister of Whatever’s Left of Sweden Greta Thunberg certainly agrees, remarking—and this is a direct quote—“Blah, blah, blah” to the new deal, which softened from “phasing out” coal to “phasing down” faster than an Indian factory can make a soccer ball. 

But Thunberg also said, “The real work goes on outside these halls.” And although it’s unfortunate that the halls largely made more of their catered lunches than they did of their opportunity to protect the planet, there is some real, good work going on outside. Let’s take a look at some recent examples while we think of the next nasty tweet to fire at Joe Manchin, shall we?

And while we’re here: For ways you can contribute to the real work we do at ELC, click here.

The River Thames: “Not Dead Yet”

In 1957, Britain’s most famous river (sorry, all you Avon stans) was so polluted scientists believed that it was incapable of supporting wildlife and declared it “biologically dead.” But a multi-faceted approach to improving that water quality has resulted in an uptick in wildlife since the 1990s, and now there’s a first-ever study by the Zoological Society of London that shows just how far the Thames has come. Turns out, the answer is quite far: sharks, sea horses, seals and more than 100 species of fish have now been catalogued as living in or around the waterway. Concerns still abound over the river’s rising water temperature and nitrogen levels, but improved oxygen rates are another promising sign of recovery. Just imagine how teeming with life the Thames might be once London’s proposed “super sewer” is built—it’s expected to capture 39 metric tons of untreated sewage that currently gets flushed into the river every year. 

California’s Kelp Forests Hit a Growth Spurt

After a 95-percent die-back related to surging heat and a population boom of seaweed-munching urchins, kelp forests on the north coast of California have suddenly returned with a vengeance, nearly doubling in size. According to what marine biologists knew, this shouldn’t be happening—once urchin barrens (areas of high urchin population, resulting in complete deforestation) are established, they tend to stick around. Craig Johnson, a researcher at the University of Tasmania’s Institute for Marine and Antarctic Studies, compares an urchin barren to “taking a bulldozer to a rainforest.” But a return of cooler waters to the coast may have shorted that takeover, allowing the kelp to respond. How long it lasts may depend as much—or more—on water temperatures than a struggle for resources, but at least it’s not the death sentence once feared. Now: if only someone was working on keeping atmospheric and oceanic temperatures down...

$350 billion clean-up on Aisles 1-50

President Joe Biden’s Infrastructure Investment and Jobs Act includes $350 billion to improve the air and water conditions of many communities hit hard by crumbling infrastructure. It’s not nearly what most had hoped for. It is in no way a “Green New Deal.” But given the narrow senate majority, some conservative stances taken by a couple of members of his own party, and the fact that this bill looked like it was going to have its spine completely removed at one point, we’ll take anything we can get. 

Britain Passes Substantial Environmental Law

After 3 years of campaigning, the UK’s first environmental law in 26 years has passed. The Environment Act places a cap on species decline, cracks down on illegal forestation, and sets targets for reduction in sewage discharge into rivers, waterways and coastlines—though timelines and rates are not yet determined. Activists in Britain are cautiously hailing the legislation as a solid step forward, while being mindful of the gaps; Environment secretary George Eustice spoke a little more bullishly, calling it “the most ambitious environmental program of any country on Earth.” Proving that while change like this is positive, clearly we have a long way to go. 

New York Voters Do the Same

New Yorkers spent election day this year overwhelmingly passing the Environmental Rights Amendment, a simple 15-word statement granting “the right of each person to clean air and water and a healthful environment.” Of course, that right only extends to the borders of New York State. Bad luck, New Jersey! (Side note: I feel like people probably say that to you a lot.) 

Borneo Forest Replanters have an 80% success rate

A decade-long project to reforest the banks of the Kinabatangan River has yielded extraordinary results. In a country that exports a massive amount of palm oil and bulldozes much of its ecological diversity in order to create palm oil plantations, local women have been creating a forest corridor to connect animals from one wildlife sanctuary to another. The women have planted 250 acres of forest—but more importantly, they have a success rate of keeping more than 80% of the planted trees alive. (Though information is spotty, a survival rate of reforested trees is typically closer to 40%.) Their secret is quite simple: Once they plant, they regularly return to nurture the trees until they reach adequate size. This whole saving-the-planet business is a marathon, not a sprint. 

Finally, an actual heat check

The hottest recorded temperature during the COP26 talks was in Tete, Mozambique, which hit a high of 113.9F (45.5C) on Tuesday, November 9. It tied the highest recorded temperature in the Southern Hemisphere so far this season. 

Find some shade if you can. I hear Borneo’s working on it.

The Effort to Strengthen Ecuador’s Rights of Nature Laws

Earth Law Center’s Environmental and Forest Policy Expert, Carla Cardenas, a leader in advocating for a broader application of Rights of Nature in Ecuador, has filed a proposal for legislative reform with Ecuador’s National Assembly to strengthen Ecuador’s laws protecting nature’s rights. 

Ecuador is one of the few nations in the world that has Rights of Nature written into its very constitution, and has often been cited in the earth law movement as a model of forward-thinking reform. However, recent events draw attention to the fact that while Ecuador’s constitution may be progressive, more work remains to align legal code and administrative procedures with those constitutional principles. 

What’s In a Name?

Despite the protections laid out in Ecuador’s constitution, there’s been an incursion of mining concessions that cut into the heart of invaluable forests such as Los Cedros and Nangaritza, and seem to violate these principles. Both Los Cedros and Nangaritza forests are categorized as Protected Forests under law, but the mining concessions reveal that there’s still room for environmental exploitation. The conundrum lies, as it so often does in legal matters, in a subtle problem of classification. While the constitution lays out the protections described above, and specifically proscribes extractive activities within protected areas, Los Cedros and Nangaritza are classified as protected forests—not protected areas.

Ecuador’s Environmental Organic Code (COA) establishes the National System of Protected Areas, or SNAP, which includes national parks, wildlife refuges, wildlife production reserves, national recreation areas, and marine reserves. Protected forests are described and established in a separate article of the environmental code, but notably do not receive the same protections from extractive industry. As a result, these remarkable, uniquely biodiverse ecosystems are vulnerable.

How We’re Fighting Back

The Constitutional Court of Ecuador is currently considering the mining concessions in both Los Cedros and Nangaritza protected forests, cases in which the Earth Law Center, along with partner organizations, have filed amicus curiae, though it’s unclear when the court will reach a decision. 

In the meantime, alongside organizations CEDENMA, Global Alliance for the Rights of Nature (GARN), and International Rivers, Cardenas has filed a petition for legislative reform with Ecuador’s National Assembly. The proposed reform to legislation would include protected forests as well as other sensitive areas in the SNAP designation and ensure that no mining can occur in these designated areas. It also calls for clear and enforceable sanctions for violations of forest protections, as there are currently none written into the Environmental Organic Code—another loophole Cardenas is eager to see closed. 

Cardenas had the good fortune to be present in Ecuador and was able to present her case in person to the National Assembly’s Biodiversity Commission in a plenary session. Cardenas and international partners shared their analysis of the legal misalignment between Ecuador’s environmental code and its constitution, and laid out their proposed legislative fix that would ensure protection of the rights of forests, water sources, animals, and mangroves, among others.

While the timeline for implementing into law the proposed reforms is unclear, Cardenas is optimistic, and notes that it was a unique, first-time opportunity to present directly to representatives of the National Assembly.

Both the court cases and the proposed legislative reforms would create a clearer delineation of Rights of Nature, making it more practicable, enforceable, and free of loopholes. If passed, the legislation will take the principles laid out in Ecuador’s world-leading declaration of Rights of Nature within its constitution and make them a reality on the ground. A hugely important step, as more and more localities and nations consider the framework Ecuador has created.

What You Can Do

While the proposed legislative reforms are under consideration and the Los Cedros and Nangaritza forest mining concessions are scrutinized in Ecuador’s courts, and there is no clear timeline for the results of these key decisions, there is more to be done than simply sitting and waiting. Even those who aren’t citizens or have no direct ties to Ecuador can send letters to the national assembly or constitutional court, letting decision-makers know that these issues matter, that the world is watching, and that there is real opportunity here to set an important precedent on the international stage.

In the meantime, Cardenas will continue to work alongside other organizations, including CEDENMA, to push for these and other important reforms to Ecuador’s legal system, ensuring that irreplaceable and invaluable areas like these forests are protected and preserved.

If you want to become involved in Earth Law Center or have an initiative in your community that would benefit from ELC support, please consider:

• Volunteering or interning

• Donating

• Reaching out to us about your case

Meet Carla Cardenas—Environmental & Forest Expert for ELC

Meet Carla Cardenas, ELC’s Environmental & Forest Policy Expert

Interview by Keith Morgan for ELC.

To truly understand the Earth Law Center, it is necessary to learn more about the people who are implementing its goals all over the world. Carla Cardenas, ELC’s environmental and forest policy expert, is key in orchestrating the fight to protect Nature’s inherent rights to exist, thrive, and evolve.

Meet Carla Cardenas, a Champion for the Rights of Nature

Carla Cardenas is an environmental lawyer with over 15 years of experience; an International Board Member in the Forest Stewardship Council, the main forest certification initiative in the world; and the founder of Nunamaisha, which works to conserve the environment through the preservation of indigenous communities. Her expertise in international collaboration, forest governance, and management of natural resource conservation projects are a great fit with ELC’s mission to build an international grassroots movement to protect Nature.

Throughout the years, Carla has added new skills to improve her ability to fight for Nature—a degree of Master at Laws from Loyola Marymount University in Los Angeles, a Master in Management of Natural Resources from the Catholic University of Ecuador; and a Master in Bioethics and Law from Barcelona University. Carla continues to fight for the Rights of Nature, forests, and indigenous peoples. She joined ELC in 2019 as a volunteer while completing her Master of Laws program at Loyola Law School in Los Angeles.

Now a full-time member of the ELC team, Carla’s incredible achievements for the Earth Law movement include:

An amicus curiae to defend the Rights of Nature in the pioneering Los Cedros, Bosque Protector case, which was chosen for argument before the Ecuadorian Constitutional Court in order to produce the first jurisprudence decision establishing the rights of Nature as plaintiff.

High-profile amicus briefs seeking an injunction from Ecuador’s Constitutional Court directing the HIDROTAMBO hydroelectric plant to restore the Dulcepamba River.

Documentation for the “Los Mecheros” case brought by Indigenous peoples to stop the use of open-air petroleum well gas flaring, which harms the lives of thousands of children and families in the Ecuadorian Amazon.

Get to know Carla in her own words—a Q&A

ELC: What inspired your devotion to the environment?

CC: I grew up in a small town in Ecuador where we have forest, paramos, mountains and where live Indigenous people. The town’s name is Otavalo. I was inspired from childhood to dedicate my life to protect Nature and apply the Indigenous cosmovision that implies respect to the Pachamama. It means that the environment is our “Mother” and should be respected and protected. The difference is that under this concept, Nature is not just a resource to exploit; it is a part of our life.

Later, when I was young, I achieved a love for politics and law, so, I decided to be an environmental lawyer when I was 17 years old. In Ecuador, there was not [an] environmental law studies [program], so I had to find my own way to become an environmental lawyer. I studied [for] a master’s in management of Natural Resources. With the combination of my knowledge in law and management of natural resources I was able to become an environmental lawyer.

ELC: Any advice for aspiring lawyers?

CC: I would like to tell young lawyers that please choose a law area of work with meaning. Law was created to change the world and make life better for everyone. Enjoy your life being a lawyer with cause.

ELC: How does a Rights of Nature strategy fit into your approach to environmental / social stewardship?

CC: Rights of Nature are now in the Courts. Rights of Nature are a new paradigm that in some ways picks up the philosophy of Indigenous people. That is why I feel so linked with this perspective and a way to see the world because I have grown with that. Also, I consider that the Rights of Nature are a lighthouse to governments, organization and communities that need to decide how to develop in a sustainable way.

Environmental lawyers can now use Rights of Nature as an ally to defend the ecosystems when companies are destroying water, forest, paramos, oceans, and mountains. This new tool allows them to raise the voice of Nature before judges. Judges are hearing us, it is true, it is happening, so we can see now several Court Decisions that prioritize Nature over extractive activities in Colombia, Ecuador, New Zealand and more.

“I feel very happy working with Earth Law Center in our cases that constitute precedents in Court to spread this new perspective of give Nature rights and for that better life for people also. I am happy provoking the change in Courts.”

ELC: What projects are you currently working on for ELC?

CC: I am working in the most important cases that the Constitutional Court in Ecuador will hold about the respect of Nature in Bosques Protectors from the damage that mining companies cause. The Constitutional Court in Ecuador needs to decide if the rights of Nature are violated with the mining activities that destroy forests, pollute water, and violate rights of Indigenous people to protect their Pachamama. These cases are the Bosques Protector Los Cedros y El Bosque Protector Nangaritza.

The ELC Latin American team is working also to declare the unconstitutionality of the Environmental Code, which has omitted Rights of Nature for the case of the mangroves and therefore opens the possibility to create infrastructure over them. Mangroves are ecosystems that are fragile and any infrastructure development will destroy them.

I am also working on Rights of Nature proposals in Peru and in Panamá. Earth Law Center is working to provide comments to the national assembly members and we are encouraging countries to recognize the rights of Nature.

What’s Next?

Earth Law Center is proud that Carla is an ELC champion for Nature. You can join in the ELC movement to change how humans interact with Nature as well. Consider joining our mission by donating your skills and time or make a financial donation through our website.

Q&A with Gary Wockner of Save the Colorado

Interview by Chloe Heskett for ELC.

In early July, Nederland - a small town situated in the foothills of southwest Boulder County - became the first Colorado municipality to pass a resolution recognizing the rights of a body of water. The town’s Board of Trustees approved a Rights of Nature resolution recognizing the inherent legal rights of Boulder Creek and its watershed. We spoke with Gary Wockner, Executive Director of the group Save the Colorado, who was instrumental in achieving this victory with the help of Boulder Rights of Nature and other partners.

The interview has been edited for clarity.

ELC: To start, can you give me a little background on Save the Colorado and the work you do?

GW: Save the Colorado’s mission is to protect and restore the Colorado River. Our primary programs prior to this year were about fighting against proposed new dams and also dealing with some current dams.

In January this year, we started two new programs. One aims to protect rivers around the world, so that we could branch out and expand our mission. The other is a Rights of Rivers program. So in January, we launched our Rights of Nature for rivers program working with Earth Law Center as a partner and we’re currently in communications with about ten towns and cities in Colorado and Utah, exploring Rights of Nature programs.

ELC: I know that you have been involved in advocacy work for the Rights of Rivers before you began working with Earth Law Center--how did you get involved with that work? What drew you to it?

GW: I’ve known about it [Rights of Nature] for quite a long time. I think the fundamental tenet or argument of Rights of Nature is that our current laws are inadequate - and they certainly are inadequate. In the United States, most of our laws are 50 years old, and they were not intended to protect rivers or ecosystems. The rivers and ecosystems in the United States, across the planet really, are under extreme threat. So we need new laws.

ELC: What are the goals of the partnership between Earth Law Center and Save the Colorado?

GW: The program that we have launched is trying to work with communities and do kind of a soft, friendly version of Rights of Nature where we pass resolutions at the local level that help communities recognize that rivers should have their own rights and also have the right to exist and keep flowing through their communities.

There’s another piece to why we launched this program: the rivers that are around the Colorado basin are under extreme assault. There’s been an increasing movement of Wall Street types, big investors and hedge funds moving in and buying up ranches, farms and water rights. So, rivers and communities are increasingly under assault because of the increased privatization and monetization of water. This program is a start to try to move the conversation in a new direction and give communities some tools to at least protect rivers that flow through their towns.

ELC: Where is the focus of that work at the moment?

GW: We’re having this conversation in Nederland, Boulder, Lyons, Fort Collins, Steamboat Springs, Vail, Eagle, Durango, Moab, [and] Bluff. Those conversations are all at different levels = some are introductory and some are a bit farther.

ELC: How does the Rights of Nature framework fit into the work Save the Colorado has been doing the last several years? Has it substantially changed your mission?

GW: We were primarily a law enforcement organization, enforcing federal laws, state laws and local laws. We launched this new program because the laws are weak. In the state of Colorado for example, the local laws vary dramatically. In some places they can be very strong, in some places they don’t exist at all. So there’s a vacuum and there’s a need for stronger laws. We recognize this is a long process, but we want to be at the beginning, at the ground floor you might say. We wanted to help it grow, and that’s what we’re trying to do. I think it’s important for us to just think more proactively about the future, too, and where the legal system and environmentalism in general needs to go.

In the United States the environmental movement has gotten sucked into these big bureaucratic, administrative processes. There are some places where there’s on-the-ground action and work, but it’s primarily big, green organizations who have corporate or large foundation funding and they’re just kind of, in my opinion, stale and old and stuck in a 50-year-old paradigm. Or worse, the environmental movement is being dragged into what I would call a neo-liberal approach to environmentalism which is around markets and market-based environmentalism, and especially around [creating] water markets as a tool to try to protect rivers.

ELC: Do you think the counterfactual to that neo-liberal model starts with the kind of work you’re doing with these individual townships or cities?

GW: Yes, I think we’re trying to create points of light and we’re trying to connect those throughout the watershed. Over time we’re trying to grow a movement. It’s small, it’s dramatically underfunded, but in my opinion, it’s going in the right direction. It’s work that needs to happen if we’re actually going to protect nature and it’s work that I want to do.

ELC: What do you think about the potential for Rights of Nature resolutions or ordinances at the local level to spread and become integrated into state or even federal law? How far down the road do you think that is?

GW: That would be the ultimate goal. What we’re trying to do at Save the Colorado is a softer and friendlier approach than what other Rights of Nature advocates have tried. We work to start a conversation and create points of light. Every resolution that we create will have a clause stating the community’s goal here is to slowly over time change state laws. We’re not being confrontational [and] what we’re doing is not enforceable by law. We’re creating resolutions that are really a statement of opinion about how communities feel about Nature and watersheds and then over time the concept would be that it would start to change the public dialogue. I think once we get one, two [or] three cities in the state of Colorado, the conversation will grow.

What are the primary challenges you see, not just for Save the Colorado, but specifically for the Rights of Rivers movement and this partnership project with ELC?

The good news is that an increasing number of people and decision makers have heard of it [Rights of Nature]. Five years ago, it wasn’t even on the map. But still, when you’re dealing with town boards and city councils, you’ve got to realize that this is new territory for most of them and you’ve got to respect where they’re at and where they’re coming from rather than just try to hit them with something and knock it down their throat. It’s got to be softer and gentler, and it’s got to be introductory.

It takes a lot of legwork. You’ve got to find someone on a board or a commission or find a friendly council member and just have a friendly conversation.

The challenge is you’re introducing a new topic that can seem too far out there or controversial, so you have to be cognizant that you’re talking to people who might be open to new ideas, but they’re going to have to venture into some new territory and learn some new stuff, and that’s a process.

ELC: Finally, what’s your personal take on the Rights of Nature movement?

GW: It’s not a new or foreign concept to me. It’s been part of my mindset since I was in college in the late 1970s. So this has been a part of my life throughout my professional career, and now I’m at a point in my career where I can do exactly what I want to. This is the story I want to tell, this is the story I think needs to be told, and this is the direction that the environmental movement needs to go.

Earth Law Center is excited to continue working with Mr. Wockner and Save the Colorado to advance Rights of Nature conversations in local communities throughout the Colorado watershed. If you are interested in starting a conversation about Rights of Nature in your community, reach out to Gary Wockner (gary@savethecolorado.org) or Grant Wilson (gwilson@earthlaw.org).

Documentary Review: Race to Save The World

Climate activist youth, Aji Piper, demands the rights to clean air for his generation from the state of Washington.

“What’s stopping us from saving the Earth?” - Mack Wilkins, Race To Save The World.

Produced by Emmy award-winning film director, Joe Gantz’s Race To Save The World cycles through the narratives of various climate activists across America who are willing to sacrifice their relationships, careers, and freedom in order to fight against the deep-rooted issue of climate change. Gantz develops his own “life-in-progress” style of film-making by shadowing and recording the lengths to which these everyday heroes would go for the sake of environmental justice. After carefully choosing his subjects and six years of filming, he crafts an authentic and relatable documentary that compiles invigorating stories of those who radically challenge existing institutions and laws for the sake of a healthy planet.

"When laws that protect property are more important than the laws that protect life, things get pretty messed up" - Michael Foster, Race To Save The World.

Gantz portrays the sense of urgency that is unavoidable given the current trajectory of climate change, an emotion felt by people of all ages and stages of life. Current, anthropocentric-centered laws fail to adequately protect Nature. With a lack of Rights of Nature in place, the Earth is being threatened, and the necessities of life, like clean air and water, are no longer guaranteed. Despite its focus on the often anxiety-inducing topic of climate change, Gantz’s film aims to serve as an invigorating, uplifting, and energizing watch. From 15-year-old Aji to 72-year-old Miriam, his subjects courageously commit to the risks to raise awareness against harmful, corrupt institutions. In an interview with Into Film, Gantz states that his goal is to inspire viewers with the feeling that: "We have to deal with this now. We have to make profound changes. We have to jump in and demand that these changes must be made." Through Race to Save the World, Gantz wants to encourage individuals to take action against the anthropocentric legal system that prioritizes economic profits over Nature’s health.

"It's a battle of paradigms where corporations have rights and investors have rights, but future generations don't have rights? The planet doesn't have rights?" - Bill Moyer, Race To Save The World.

There is much to be done, and it is intimidating to be an individual fighting against what seems to be extensive and irreversible environmental damage. However, there are so many ways to get involved and so many supportive communities working toward the same goal. At the Earth Law Center, we believe that all life on Earth, not just humans, has the inherent right to a livable planet. Our organization works on multiple levels to ensure that Nature can defend its rights in court. The ecocentric movement amplifies the voice of Nature and demands fundamental changes in the legal systems. We believe that protecting the Rights of Nature to exist, thrive, and evolve will lead to the wellbeing of all life on Earth.

If you want to become involved in Earth Law Center or have an initiative in your community that requires ELC support, please consider:

• Volunteering or interning

• Donating

• Reaching out to us about your case

Be sure to check out Joe Gantz’s Race To Save The World, available to watch on https://www.theracetosavetheworld.com/. 

Earth Law Center Partners with Prestigious Law School in Chile

Pontificia Universidad Católica de Valparaíso law students will learn how to implement an ecocentric approach in Chile

By Chloe Heskett

This spring, Earth Law Center launched a new partnership with the Law School of the prestigious Chilean university Pontificia Universidad Católica de Valparaíso. Alumni from this renowned university go on to become lawyers, judges, politicians and other influential actors in the region.

The collaboration between Earth Law Center (ELC) and the Chilean university creates exciting opportunities not only for law students at the university to complete internships with ELC, but for ELC to introduce Earth law to the university’s legal scholarship.

ELC is excited to teach Earth law to a new generation of law students and hopes to soon begin setting up and running seminars and workshops on Earth law at the university, introducing the concepts of Rights of Nature and ecocentric law into the legal lexicon of a nation that is new to Earth jurisprudence.

As a country, Chile currently has no laws recognizing the Rights of Nature, and there are few opportunities to learn about how the Rights of Nature fit into both Earth law and the broader jurisprudence in Chile. Working with students at the Pontificia Universidad through this new collaboration can begin to change that. Given the university’s influence on Chile’s political and legal systems, introducing Earth law into legal education can shift the way Nature is viewed and protected.

For law students at the university, this partnership represents an eagerly awaited opportunity to explore a new field of law as well as to complete internships and broaden their networks. Law students at the preeminent university had expressed their eagerness to work with an organization relating to the environment, and the Earth Law Center is delighted to provide such an opportunity. Two students have already begun internships through the new program.

This collaboration will also serve as a model for future partnerships between ELC and other universities in Latin American countries, including a new potential partnership with the Pontificia Universidad Católica del Ecuador. These partnerships are particularly influential in nations whose laws and legal institutions do not yet recognize or utilize Earth law to protect and restore Nature, as working with students can influence legal institutions and the future of law-making in a country, promoting the Rights of Nature and ecocentric principles and promulgating Earth law around the world.

We’ll be sharing more about this program throughout the year. Be sure to check back to hear about students’ experiences and the success of the partnership!

Exploring the Earth Law Toolkit with ELC

An exciting new body of law is gaining attention with legislators, activists and legal professionals around the world: Earth law. Earth law takes an ecocentric approach as opposed to a purely anthropocentric one, bringing together diverse legal movements including the legal recognition of Nature’s rights, Indigenous and biocultural rights, the rights of future generations, and the right of humans to a healthy environment, among other legal frameworks.

Earth Law Center (ELC) has been at the center of the Earth law movement from its inception, and provides expert legal advice to governments, activists, litigants and other groups or individuals navigating this relatively new legal ground. In fact, ELC literally wrote the book on Earth law, having recently released the first law school textbook presenting cases and guidance on how to use Earth Law to protect and restore Nature.

To provide an idea of how that work is done, below are some of the key tools and frameworks of Earth law that ELC has helped shape and successfully deployed.

Crafting legislation that codifies Earth law

By writing Earth-centered protections into legal codes, municipalities and regional governments can give Nature a voice within local government and create stronger protections for local ecosystems . However, with a long history of treating Nature as a resource and legislating its use only as it relates to extraction and human benefit, it is not always easy or intuitive to turn from anthropocentric to ecocentric thinking.

This is where ELC’s expertise can be deployed. Most recently, ELC worked with Save the Colorado to draft a legal model that will enable U.S. municipalities to grant rights and protections to local rivers and watersheds and establish local guardianship bodies to protect those rights. Already, several municipalities in Colorado are considering local laws or resolutions that draw from these templates (exciting news soon to follow!).

Molding the models: Creating toolkits, frameworks, guidelines and Nature’s rights declarations

In addition to working on the local or regional level to help codify protections for Nature, ELC has worked on broader reaching, cutting-edge legislation to protect Nature, including co-drafting the Universal Declaration of the Rights of Rivers and launching a standalone website where you can sign on in support, developed with ELC partner International Rivers and others. This declaration serves not only as a legal explanation for the rights of rivers, but as a legislative starting point for governments around the world interested in establishing the rights of rivers within their jurisdiction.

ELC has also played a foundational role in the Rights of Nature movement by creating toolkits and guidelines for those interested in advocating for Nature. For example, Michelle Bender, ELC’s Ocean Campaign Director, has led the creation of various Oceans-related toolkits, such as the Marine Protected Area toolkit and Rights for Coral Reefs toolkit.

ELC’s team of legal experts is writing a new DNA for legal systems around the world based on living in harmony with Nature, and making those legal models replicable and scalable.

Working with Indigenous Peoples to advance both Nature’s rights and Indigenous rights

Much as legal systems provide for guardianships for children or other individuals who cannot adequately represent or advocate for their interests, a key framework of Earth law is the establishment of legal guardianships for Nature. A useful model for this framework comes from New Zealand, which in 1978 granted legal personhood status to the Whanganui River in accordance with Maori beliefs.

While determining “who speaks for Nature” can be challenging, it is clear that it should be an independent body free of government or commercial interest and that it must represent a diversity of viewpoints. The exact guardianship model used can vary widely depending on the local community’s culture, beliefs, and traditions, but creating guardianships is a wonderful opportunity to build an inclusive governing body, and typically includes representation from local Indigenous communities, underrepresented communities, and non-profit and ecosystem protection organizations and local activists.

Advocating for the rights of future generations to a clean and healthy natural environment

In 2019, a district judge in the state of Oaxaca, Mexico, ruled in favor of protecting two of the most contaminated rivers in Mexico, the Atoyac and Salado Rivers. ELC, among others, provided an amicus brief to the court in favor of protection, and was excited to discover that the Court drew from several of the legal arguments presented in the brief, including the argument that both present and future generations have a right to a healthy environment.

Since then, the legal argument that current and future generations have a right to protected, healthy natural environments has gained ground. Most recently, Germany’s highest court ruled in April that the federal government must amend their climate law, drawing up clearer reduction targets for greenhouse gas emissions. The decision came after nine individuals, several of them young people, argued in court that as the climate law stood, it did not do enough to assure their right to a humane future.

The key frameworks outlined here are a few of the ways ELC’s legal experts are using Earth law to advance the protection and rights of Nature. ELC is excited to continue utilizing these tools and developing and advancing Earth law around the world. If you would like to get in touch with ELC’s Earth law experts, email info@earthlaw.org.

ELC Co-hosts Workshop at IUCN Youth Summit

Photo by Ehimetalor Akhere Unuabona on Unsplash

By Michelle Bender and Chloe Heskett

In early April, about 170 youthful participants gathered virtually for a webinar and one-of-a-kind workshop on the Rights of Nature led by the Earth Law Center (ELC) and the Global Alliance for the Rights of Nature (GARN) Youth Hub.

By Youth, For Youth

Hosted as part of the first International Union for the Conservation of Nature (IUCN) Global Youth Summit in the first half of April, the joint ELC and GARN event was unique for its highly participatory nature. Attendees and facilitators got the chance to put their understanding of the Rights of Nature to use as they workshopped the IUCN’s conservation statutes together, and contributed to a declaration that was submitted to the Global Youth Summit.

“I loved seeing how the way participants were interacting shifted completely towards the end,” said co-facilitator, Ecuadorian Rights of Nature advocate and co-founder of the GARN Youth Hub Rafaela Iturralde. “The introduction was a great bridge and prep for the workshop as participants got themselves in a new mindset that many might have not experienced before.” 

Global Participation for Community Action

The event drew participation from around the world, with many of the attendees new to the Rights of Nature space.

Lauren Tarr, PhD candidate at the State University of New York (SUNY ESF) and GARN Youth Hub facilitator as well as co-facilitator of the workshop noted that it was wonderful to connect with people around the world about the Rights of Nature movement, and that the virtual and free format of the event meant more opportunity for many to participate.

“The diversity of backgrounds and experiences at this conference was enlightening and inspiring,” she said. “Having the conference be both online and free removed a lot of the traditional barriers (travel and costs) associated with international conferences. These barriers are especially prominent for youth who have limited funds and mobility.”

Removing barriers to participation not only enables youth from around the world to participate, but galvanizes community-level action. Shrishtee Bajpai, an activist-researcher with Kalpavriksh and Rights of Rivers South Asia Alliance (RORSA) in India shared her excitement “to encourage many more young people to join the efforts locally in their respective regions and create solidarity networks globally." 

A Call to Action

In addition to providing participants with a primer on the Rights of Nature legal movement, attendees participated in crafting a youth-led Rights of Nature declaration, which included a pledge to take “further action in deepening and spreading the awareness of the fundamental and inalienable rights of Nature and of future generations.” 

These actions are further spelled out in the declaration, and include restoring connection with Nature, spreading awareness within communities, paying greater attention to the way Nature is represented in language, self-educating about land histories and supporting Indigenous rights and sovereignty as well as advocating with educational institutions to include Rights of Nature frameworks in curricula.

Additionally, a key takeaway outlined in the declaration was a collective desire to continue to create space for youth to participate in the movement, including by “creating an IUCN Commission (or working group within each Commission) for Youth.” This was one of many policy demands made to the IUCN, calling on the Union to implement their commitments to ensure Rights of Nature is a focal point of decision making, as called for in IUCN’s Resolution 100.

“Young people have shown the desire and commitment to be part of the dialogue and conversation around the rights of nature, conservation of nature and climate emergency,” concluded Jack Omondi, co-facilitator and Membership and Outreach Facilitator at the GARN Youth Hub. 

Youth Rights of Nature leaders from ELC, GARN, and the IUCN will continue working towards putting the recommendations into action, and engaging a wider audience around advocating for the Rights of Nature internationally. 

ELC Introduction: Getting to Know Claudia Brindis, ELC's Mexico Lead

ELC Mexico Lead Claudia Brindis

Interview by Jason Baran for ELC.

Claudia Brindis has dedicated her career to advancing the Rights of Nature in Mexico and globally. Officially, she is ELC´s International and Mexico Lead, but she prefers, "strategic partner for Mexico." She is also an expert within the United Nations Harmony with Nature program as well as a teacher, therapist, coach, and facilitator.

Earth Law Center: Let’s start at your beginning. When you were a kid, what did you want to be when you grew up? And, what led you to this career?

Claudia Brindis: When I was a child, I liked to sing to Nature. I remember that I sang to the Sun and I sang to the stars. Later, while at university, I learned to be a strategist and to devise action plans that would give me the best results. At the same time, through yoga and meditation, I became aware of myself and everything around me. In addition, over the years I specialized in human development, community development and environmental education. When I was a child I did not know about the Rights of Nature and the truth is I never imagined working on this, but now it has become my life mission.

ELC: If you could get people to do one thing to help advance Rights of Nature and subsequently, environmental conservation, what it would that be and why?

CB: I think one of my most important responsibilities is to help people change the way they think. The beliefs that we have as a modern world and as a society are what have caused our suffering. Now we are suffering a pandemic, water and air pollution, climate change. We have affected the balance of Nature and life, but if we change these ideas of consumerism and exploitation, we can save ourselves and build a just new world but the change begins in oneself. We cannot change the collective reality just by wanting to, but we can change our individual reality by taking care of our body, taking care of Nature and taking care of animals. If we are many people making these deep changes in our lives, we will be able to change the collective reality. That’s what is already happening with the international movement for the Rights of Nature.

ELC: How do you encourage people to change their thoughts and take action around conservation?

CB: First, reminding them that we are alive, that we have the great blessing of existing in this time of many challenges but also of great changes. In the Toltec tradition, the tradition of my ancestors, we honor death and recognize it as a great teacher and counselor, because if we were aware every day that we are going to die and that our death can occur at any moment, we would not be wasting time. We would be looking for ways to leave a legacy, conserving species, restoring ecosystems and cleaning up rivers. There are so many things that we could do and be in this process.

ELC: Getting back to Rights of Nature, what would you say is your greatest success in advancing the Rights of Nature in Mexico or globally? And, what’s next?

CB: My greatest success is that legislators from more parliamentary groups are getting to know ELC’s work, are becoming interested in the Rights of Nature, and are including them in the laws. So, no matter the political party, the important thing is that we can support them in these crucial moments for Mexico and the world, to generate the paradigm shift we want. The next success is carrying out integral projects of conservation of species, restoration of Nature and environmental education. In addition, doing more clinics in universities on Theory and Practice in Environmental Law and Rights of Nature. The first one will be held online from March 15th to 26th with students from the UAM (Autonomous Metropolitan University).

ELC: Diving a little deeper, what are the current projects you’re working on? What is it you’re hoping to accomplish?

CB: I continue to work with the wonderful ELC team to get the constitutional reform proposal approved to include the Rights of Nature in the Constitution of Oaxaca, as well as the proposed law for the Defense and Recognition of the Rights of Rivers and other Water Sources in the State of Oaxaca. We began working on both proposals at the end of last year. We are also working on the proposal for a new Water Law for Mexico City and we are following up for the approval of the proposal for the new General Water Law which is at a national level. We are also supporting the approval of the proposed constitutional reform at the federal level to include the Rights of Nature. What we wish to achieve is that the Rights of Nature and the Rights of Rivers and other Water Sources are recognized in more laws and constitutions in Mexico.

ELC: What are the repercussions of failing to enact these policy reforms? What scares you the most about climate change and continued environmental degradation?

CB: More people, ecosystems and species die. That is why it is so important to make a systemic change. As the elders of many Indigenous traditions would say: when we honor and respect Mother Nature and realize that she does not belong to us, but that we belong to her as her children, then we will realize that our life is connected to hers and to the life of all species. That is how we will transform the reality of the world.

ELC: You obviously have a deep passion for Nature and for conservation, but what energizes you outside of work? What are your hobbies and interests?

CB: I get energized by traveling, getting to know new places, new people, new cultures. I am a traveler and I like to marvel at my country and the world. I like to read, learn more about different topics, topics that nurture me as a person. It also gives me energy to listen to people, learn from each person I meet on my way, and observe the trees, the clouds, the wind, the birds, the rivers. I learn a lot by observing Nature.

ELC: What is your favorite outdoors spot in Mexico and why?

CB: In Mexico City, my favorite place is Chapultepec Park, which is bigger than Central Park in New York. I love it because, besides being a beautiful place with trees, flowers, and animals, it has a rich history of my ancestors. Imagine, there you can find a pyramid and the only castle in Latin America that was inhabited by European kings.

ELC: In that vein, what would we most likely find you doing on the weekend?

CB: Enjoying life! In Mexico, I have learned about the wisdom of my ancestors and I try to practice that wisdom on the weekend, as well as dance, do exercise, eat delicious food, laugh, share with people I care about. I don't think I do this only on the weekends. I try to do it every day.

ELC: You clearly embrace a harmonic existence with Nature. How can the rest of us best live in harmony with the environment?

CB: First, you must know yourself because, to live in harmony with Nature, the human being needs to realize that they are Nature, part of this web of life, and that they are as important as the rest of the species. If we harm Nature, we harm ourselves as human beings. Failing to recognize that means we will not survive as a species.

ELC: What have you seen that gives you hope for a sustainable environment and for humans living in harmony with Nature?

CB: What gives me hope is that more people are waking up, listening to the call to become Mother Nature's guardians, and putting their talents and abilities at the service of this great purpose. I have no doubt that we will find solutions to remedy our mistakes, but we need to keep working on that and unite to make it happen.

ELC Inspires: Q&A with Water Advocacy Director Dr. Leonard

To make real change, all voices must be heard. At Earth Law Center, we strive to bring together passionate and seasoned experts from all domains of Nature. Water rights is one of the centers of our work, and for that we are grateful to have the help of Dr. Kelsey Leonard, a water scientist, legal scholar, policy expert, writer, and enrolled citizen of the Shinnecock Nation, and an assistant professor at the University of Waterloo. Her journey will inspire those interested in practicing environmental law, and who want to orient their work towards the Rights of Nature principles.

A Confluence of Energy

Water has long been a special force in Dr. Leonard’s life. First earning her Master of Science in Water Science Policy and Management from the University of Oxford, she went on to earn her JD in environmental law at Duquesne University in Pittsburgh.

Duquesne University in Pittsburgh is quite unique in the sense that the city is built at the confluence of three major rivers in the United States: the Allegheny, Monongahela and Ohio join here. Even leaders from across the globe, like the Dalai Lama have remarked that this confluence holds a powerful energy. For Dr. Leonard, it holds a special meaning.

“This unique space of three rivers meeting was also very formative to how I understand environmental law and environmental justice. Not only is it a natural wonder of the confluence of three major rivers, but it's also an area that has been heavily degraded and polluted over centuries of industrialization, in one of America's steel belt cities.”

After her experience in Pittsburgh, she went on to earn her PhD in Political Science from McMaster University. Her experiences in Pittsburgh helped form her PhD research:

“I explored PhD programs where I could research and create the foundation of literature to which the courts could turn to inform their decision making on those cases of first impression.

What that means is that the court has never seen something in that area of law before, so they have to consider secondary literature to inform their decision. What I found at the time, particularly in the case of Indigenous water law, was that there just really wasn't a lot of secondary literature.”

Photo by ZEN JP on Unsplash

Who is Water?

Through her research working with Indigenous Peoples and non-Indigenous Peoples, she noticed a difference in the approach to Nature starts with communication and values:

“I was starting to hear from Indigenous water protectors about the struggle they had with communication with their non-Indigenous allies. They would say that we (Indigenous People) are relating to the water as a being that is living, that has its own spirit, that is its own entity. We say, ‘Who is water?’. And yet, when they spoke to their non-Indigenous counterpart it was as if they were speaking a different language, they were talking about water as a ‘What?,’ as a commodity, as a resource, as something to be consumed, with no context or concern for the inherent rights of water as a living being in and of itself.” 

A voice for water

Raising Consciousness 

All this led Dr. Leonard to create more of these reflexive conversations, eventually leading to a TED Talk: Why Lakes and Rivers Should Have the Same Rights as Humans.

“That's how I came into contact with Earth Law Center. I am trying to continue to promote that messaging, and find those spaces of confluence, just like the rivers, where we are able to come into conversation across societies and across jurisdictions to do better for the water.”

Dr. Leonard has advice for others in the legal or political science fields who want to get involved:

“lf others are looking to contribute (one area to work on) is to develop case studies and best practices for the implementation of Rights of Nature in the context of freshwater and ocean systems.”

Earth Law Center is proud to have leaders like Dr. Leonard on our team, and hope that you’ll consider joining our mission. If you want to make a difference in how humanity approaches and interacts with Nature, you can get involved with the organization by donating your skills and time. You can also make a financial donation through our website. 

First River to Have Recognized Rights in Canada

The Magpie River, Muteshekau-shipu in the Innu language, is now more protected than ever before. In a first for Canada, the Magpie has been granted legal personhood and endowed with basic rights and protections. On February 16, 2021, the regional municipality of Minganie and the Innu Council of Ekuanitshit passed similar resolutions to protect the river from future threats.

Why the Magpie River?

The Magpie River represents many things. To the Innu of Ekuanitshit, it is ancestral territory that connects their past, present, and future. To white water enthusiasts, it is 200 kilometers of world-renowned rapids. To Hydro-Quebec, the Quebec government's energy corporation, it represents potential future hydroelectric projects.

Despite regional consensus to protect the Magpie River, Hydro-Quebec has resisted attempts to formalize a plan to protect it because of its potential for future projects. With one hydroelectric dam already built and no official protections to prevent future development, the river needed assistance to protect the biodiversity, tourism potential, and cultural significance of the river to the Innu.

Recognizing this need, the Muteshekau-shipu Alliance—the Innu Council of Ekuanitshit, the regional municipality of Minganie, Canadian Parks and Wilderness Society Quebec and the Association Eaux-Vives Minganie—stepped in to help. Civil society group observatoire international des droits de la nature (OIDN), a close partner of ELC, also provided legal support in the campaign.

Protecting the Magpie for the Future

To overcome the Quebec government’s reluctance to grant the Magpie River official protected status, the Muteshekau-shipu Alliance developed a guardianship model of protection modeled on an initiative in New Zealand. Similar projects in Mexico, Ecuador, and other countries have successfully secured protections for waterways.

The Magpie guardianship, a unique co-governance approach, took the form of separate resolutions adopted by the regional municipality of Minganie and the Innu Council of Ekuanitshit. Each resolution granted similar legal rights to the river and established guardians to act on its behalf to ensure its nine fundamental rights were protected. Likely, the most important of these rights is the right to sue because the river’s guardians would have standing to represent the Magpie River in court cases to protect its rights.

What’s Next?

The Magpie River blends the traditional culture of the Innu with the modern-day tourism potential of a world-renowned white water river. Similarly, a progressive guardianship model of river rights allows the Magpie to have a voice in how it navigates its future challenges. Now, advocates are working towards rights of the St. Lawrence River and other waterways.

The Earth Law Center expresses our enthusiastic support for our partners in Canada! We also promote river rights through its support of the Universal Declaration of the Rights of Rivers. The declaration’s language served as a model for laws, declarations, and other legal instruments to establish the rights of rivers across the world.

There are many ways that you can help us to further the spread the guardianship model of nature:

• Donate to ELC

• Volunteer with ELC

• Connect with us on social media and sign up for our newsletter

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

ELC Inspires: UN Representative Myra Jackson

At Earth Law Center, our governance committee brings together bright minds and deep thinkers. In 2021, we are more committed than ever to transparency, cooperation and diversity within the organization. One of these key committee members is Myra Jackson. A virtuoso in many subjects ranging from electrical engineering, climate change and public wellness to organizational emotional intelligence and global spiritual traditions, Myra is a longtime advocate for rights of Nature.

Getting Here

From a young age, Myra was fascinated by all that came her way. Growing up in San Diego, everything was big: from the sky to her curiosity and ideas. In explaining her journey, Myra says,

“I've walked a spiral, a very dynamic spiral of feeling connected to the macro and the micro, aware of the inner life and inner processes. I am fascinated with that at the nano level.”

 Though an aficionado of books and learning, she stays grounded. She carries a “deep appreciation for feeling myself a part of Nature, knowing all of us, in fact, are a part of Nature.”

 This love of Nature and curiosity about our inner and outer worlds has led Myra on a journey that includes participating in the open working group at the United Nations that brought about the 17 Sustainable Development Goals. She continues to work with the United Nations Expert Platform on Harmony with Nature and is a delegate to the United Nations Framework Convention on Climate Change.

Credit: Chris Ensey via Unsplash

Where She Belongs

Myra’s curiosity has always helped her lean into the unknown. Throughout her many career paths, she has often been in spaces where there weren't women, let alone black women. A sense of confidence and belonging has helped her navigate these periods:

“I never thought about it as being the only one [black woman] in the group. I felt that I was where I belonged, simply because that was where conversations or activities were happening that were of interest to me.”

One of the things she appreciates about the Earth Law Center is the deep respect for and cooperation with Indigenous peoples. “We are connecting with those that still have a sense of relatedness to the Earth, through working with Indigenous peoples and sovereign nations.”

Leaving a better world for her great-grandchildren has become one of the major pillars of Myra’s life and she doesn’t shy away from the big questions:

“Each day I'm listening and asking from the biosphere, ‘what activities support the living space of all beings on the planet? How do we restore the earth in a way that there's a place for all existence, for all to exist whole?’ I'm listening for a new future that will raise the whole and give space for all.”

Credit: Adobe Stock

Law Enshrines Our Values

Myra’s vision and Earth Law Center’s is different from traditional environmental law:

“We understand that where Nature is violated, human rights violations occurred in tandem. Earth Law recognizes the axiomatic relationship between people and Nature.  When Nature is protected, we are stronger in body, mind and spirit. Linking the wellness of Nature and the wellness of people as one dynamic is what humanity is waking up to as we live through an array of converging crises.”

Serving as the UN representative and focal point for Earth Law Center offers Myra a way to help bring nature-centric approaches into global and local policy-making foras where decisions impact people and planet.  She feels the big shift will occur in the social dimension as the  values of society are reconciled with the natural world. Then, the law will evolve to enshrine that newly forged social contract  as ecocentric law.

For Myra, “Earth Law Center offers one measure of entering into this restoration of relationship, cooperation and collaboration with the  earth and a path for humanity to move toward living in harmony with Nature.”

Interpreting the United States Return to the Paris Agreement

Local climate activists around the world rejoiced on the first day of Biden’s term. The new president issued an executive order to rejoin the Paris Climate Agreement. This act shows his commitment to re-establishing the nation as a global leader regarding the climate crisis. The president has ambitious goals, including putting the US on a path to net-zero carbon emissions by 2050. But no man is an army, and the US will need to implement a series of aggressive domestic climate policies and new legislation from Congress for the United States to reach its goals. Will the United States legislators follow Biden’s lead in passing climate-related legislation? And how much good will that do?

A Step Backwards

In December of 2015, 196 countries signed the first global agreement aimed at reducing emissions of planet-warming greenhouse gases. At the core of the Paris Agreement was the idea that every country, rich or poor, would set goals to curb carbon emissions to slow down the effects of climate change. The Paris Agreement was a monumental milestone in the global fight against climate change.

With a long-term objective to achieve a climate-neutral world by mid-century, the agreement allows each country to set its emission-reduction targets, known as a national determined contribution (NDCs). Although the United States was instrumental in the design and negotiation of the Paris Agreement, it became the only nation to withdraw from the agreement, under the Trump administration. The decision was wildly unpopular among environmentalists and activists.

The US shocked the world with its withdrawal from the Paris Agreement under Donald Trump.

In 2017, as a signal to the world that the United States would still honor its commitment, the “We Are Still In” declaration was announced. More than 3,600 leaders from America’s cities, states, tribes, businesses, colleges, and universities signed in to say that they would continue to support climate action to meet the commitments of the Paris Agreement. One of the governing bodies of the We Are Still in declaration is the U.S. Climate Alliance, composed of 25 states, seeks to continue pursuing the climate goals on a state level.  

When the Obama administration entered the Paris Agreement, the US pledged to reduce emissions by 80% by 2050. Four years later, if Biden wants to meet this goal, he will need to introduce drastic measures that can turn this long term goal into short-term policy. To do so, he will need the help of broad organizations like the U.S. Climate Alliance, and frontline organizations like Earth Law Center.

Local communities must be involved in building strategy to protect their lands. Image credit: Wilderness Society

Local Policy that Works

Policy changes on a national scale will be difficult to realize if local communities do not have the resources needed to make changes. A national government ambitiously acting to save the planet certainly sets the tone for change, but it’s been shown again and again that local action works best.

Earth Law Center and other leading practitioners released a Community Toolkit for Rights of Nature to guide local governments in harmonizing their environmental programs with the needs of Nature. If you’re a local climate activist or just someone concerned about your hometown environment, our Community Toolkit is a great way to join the movement and make a positive change for the planet. Your local river, mountain, prairie, or public park is counting on you!

Download our toolkit.

You can help!

• Donate to ELC

• Volunteer with ELC

• Connect with us on social media and sign up for our newsletter

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

Oaxaca’s Congress Weighs Rights of Rivers

A proposed law would recognize rivers as subject of rights, including fundamental rights to exist, thrive and evolve

By Jason Baran

For decades, the Atoyac and Salado Rivers in the Mexican State of Oaxaca have been considered two of the most polluted and damaged rivers in Mexico. This pollution poses a profound threat to the ecosystem, since it is the primary water source for municipalities, industry, and cropland irrigation. Many of the region's citizens suffer from the contaminated water.

Today, however, there is hope as the government and people of Oaxaca are beginning to recognize rivers as subject to rights. After years of community- and education-based outreach and multiple legal challenges, Oaxaca’s Congress is now considering a proposed law that recognizes the Rights of Rivers and other Water Sources. Earth Law Center lawyers drafted the proposed law late last year, with input from Litigio Estratégico Indígena A.C. and the team of Congressman Fredie Delfín.

“Oaxaca is one of the states in Mexico that has more indigenous peoples who preserve their traditions and their connection with Nature. This law proposal is the answer to the petition of these guardians so that now their voice on behalf of the rivers and other water sources will also be heard in the courts.”

— Claudia Brindis, ELC Mexico Program Lead

“The law, if ratified, would recognize that rivers and other water sources have an autonomous voice that can be exercised through their guardians and Oaxaca’s citizens,” said Grant Wilson, Earth Law Center’s Executive Director and Directing Attorney. “Moreover, a law recognizing rivers' rights in Oaxaca strengthens international support for this cutting-edge area of the law.”

Mexico’s Conservation Progress

Mexico and the State of Oaxaca are following in the progressive footsteps of New Zealand, Ecuador, Colombia and Bangladesh in recognizing rivers’ rights with the overall goal of humans and ecosystems thriving together in harmony. While Mexico’s overexploitation of water resources has had many ill-effects, the country is now acknowledging that water recovery and security are a means to achieving economic growth, environmental sustainability and climate change resilience.

The Atoyac River in the State of Oaxaca in southern Mexico is one of the most contaminated rivers in Mexico. Source: Oaxaca Life, June 6, 2019

Here is a timeline of recent Earth Law progress in Mexico:

• In 2017, Mexico City adopted Rights of Nature language into its new constitution. In addition, efforts continue to establish legal rights for the Magdalena River, Mexico City’s last and only free-flowing river.

• In 2019, the State of Colima passed a state constitutional amendment recognizing the Rights of Nature. The amendment establishes Nature’s right to exist, to restoration, to regeneration, and to conservation of its ecological structure and functions. Earth Law Center assisted in legal drafting and revisions on the constitutional amendment.

• In 2019, Earth Law Center submitted an amicus brief calling for the protection of the Salado and Atoyac Rivers. This resulted in a court order to restore the health of the two rivers based on human environmental rights.

• On December 8, 2020, Oaxaca’s Congress was presented with the drafted law for the recognition of the Rights of Rivers and other Water Sources. In addition, Earth Law Center filed a constitutional reform to recognize the Rights of Nature in the Oaxaca Constitution.

• In January 2021, Earth Law Center, Litigio Estratégico Indígena A.C. and the UN Harmony with Nature Programme hosted virtual forums to discuss Oaxaca’s project of law.

“We’ve seen tremendous progress around Rights of Nature in Mexico and within Oaxaca,” according to Claudia Brindis, ELC’s International Rights of Nature Lead. “While Earth Law Center continues seeking recognition of the Rights of Rivers and Other Water Sources at the national level in Mexico, our immediate hope is that the State of Oaxaca will legally recognize the Rights of Nature. Ultimately, our objective is to strategically establish and enforce this new paradigm throughout Mexico.”

Wilson’s colleague, Constanza Prieto Figelist, agrees. “We have been consulting lawmakers at the state and federal levels regarding the Rights of Rivers in the State of Oaxaca and nationally,” she said. “This bill seeks to establish that rivers no longer be considered as objects of exploitation, and instead treated like subjects capable of demanding respect for their minimum rights to exist, thrive, and evolve." Figelist is Earth Law Center’s Latin American Legal Lead.

What’s Next?

Oaxaca’s Congressional Water Commission is reviewing the proposed law. In the very near future, we expect the proposed law to have a second reading, as well. Then, Oaxaca’s Congress will vote. 

If and when the law is approved, Earth Law Center will host a press conference Litigio Estratégico Indígena A.C., the UN Harmony with Nature Programme, and Congressman Fredie Delfín and his team, and other congresspersons who have been in support of the proposed bill. The date of the press conference will be shared as soon as it is confirmed.

 In the meantime, there are many ways that you can help us achieve Rights for Rivers and Other Water Sources in Mexico and beyond:

• Donate to ELC

• Volunteer with ELC

• Connect with us on social media and sign up for our newsletter

• Contact ELC if you want to work on your own River Rights campaign

Keystone XL Canceled: Is This A Precedent for Biden’s Environmental Policy?

In the stack of executive orders signed by Joe Biden on his first day as number 46, the developers of the Keystone XL pipeline saw their permits revoked. How will this action impact the future of the project and what does it say about Biden’s environmental policy?

Why are we still talking about Keystone XL?

In 2011, the Keystone XL pipeline became a national controversy when protestors gathered at the White House. Among them were Indigenous leaders, religious figures, climate scientists, landowners, and environmentalists.

The KXL pipeline would be used to transport tar sand crude oil from oil fields in Alberta to refineries on the Texas coast. Tar sand crude oil releases up to 20% more greenhouse gas emissions than other crude oils. It is also more corrosive, which means pipeline leaks are not uncommon. These leaks are hazardous for the natural ecosystem and human communities. Supporters of the pipeline argue that it would create up to 60,000 direct and indirect jobs in the US and Canada.

After much hand wringing, Obama rejected the plans for the pipeline in 2015. But in 2017, Donald Trump brought the project back to life, not only reinstating the permits, but also clearing the way for developers by loosening regulations. Now, Joe Biden has once again revoked the permits, blocking construction.

The KXL pipeline would create a shortcut of the existing pipeline from Alberta to Nebraska, cutting through Indigenous and protected lands

What has Biden’s action accomplished?

By putting a stop to pipeline construction, Biden has drawn enormous public support but also enormous criticism, from both sides of the aisle. Rural counties, like Valley County in Montana, were counting on the tax revenue generated by the pipeline. Further, investors on the Canadian side of the project are disappointed and pushing for consequences. The province of Alberta invested more than $1.5 billion in the project, and is calling for consequences.

Joe Biden’s swift action to stop construction of the KXL pipeline indicates his campaign commitment of taking climate change seriously. Hopefully he will act ambitiously; he is up against a lot. Keystone XL is only one of several contested pipeline projects in the US today, like the Dakota Access and Line 3 pipelines. Only time will tell if he will continue to make policy steps forward to protect the environment.

 What does this mean for the Earth Law Center?

Leaders, activists and communities are listening to see how much action Biden is willing to take against climate change. Biden has the power to create federal programs that would fund institutional and frontline action to better preserve our planet.  Will he use it?

At Earth Law Center, we hope to see the rise of a new generation of law that recognizes the interconnectedness between humans and Nature and our responsibility to protect and defend Nature.

To this end, we provide frontline support to the very same communities standing up against projects like the KXL. new generation of law that recognizes the interconnectedness between humans and Nature and our responsibility to protect and defend Nature.

Get involved by volunteering for us, donating, or even subscribing to our newsletter . We’re counting on you!

World Wetlands Day 2021: 50 Years Later

By Margaret Stewart

February celebrates Black History Month, Galentine’s Day for female friendship AND World Wetlands Day which recognizes one of our most vital ecosystems.

Environmentalists and the eco-conscious have celebrated World Wetlands Day for 50 years. Wetlands enhance water quality, control erosion, maintain stream flows, sequester carbon, and provide a home to at least one third of all threatened and endangered species around the world.

However, Earth loses wetlands at three times the rate of forests, with 71% of the world’s wetlands gone. That’s a rate of 60 acres an hour! The EPA notes the worsening of flooding due to wetland loss.

Wetland Protection to date 

Wetlands enjoy some Federal protection under the Clean Water Act of 1972, while 23 states require permits for dredge and fill activities in wetlands. Of those, 15 provide comprehensive coverage to all coastal/tidal and freshwater wetlands and eight states provide protection to only coastal/tidal wetlands. The IUCN dedicated a report to wetland protection globally.

Although the Everglades has lost half its surface area - 1.5 million acres remain. After the signing of the Federal level Comprehensive Everglades Restoration Plan in 2000, many groups including the State of Florida and The Nature Conservancy have stepped up protection efforts.

Credit: LivingLandscapeArchitect via Flickr (CC BY-SA 2.0)

Earth Law for Wetlands

Increasing awareness of the critical role wetlands play in Earth’s environment has led to expanding approaches to protect wetlands. One of these is Earth Law, an ecocentric approach to building a body of law and lawyers to allow Nature a chance to regenerate and thrive.

For how this might apply in Florida check out lawyer Liz Drayer’s blog for Earth Law Center. Applying an ecocentric approach to enhance existing protections for the Everglade could take inspiration from the Universal Declaration of Rights of Rivers which offers guidelines for recognizing the right to flow and the right to be free from pollution among others. If applied to the wetlands, this could help not only reverse it’s continued loss but allow this unique ecosystem to regenerate and flourish.

If you’d like to learn more about Earth Law and how it can protect our wetlands, or support the Earth Law movement, you can:

• Sign up for Earth Law Center’s newsletter

• Donate to Earth Law Center

• Read my chapter in our newly published legal textbook Earth Law: Emerging Ecocentric Law - A Practitioner’s Guide. It covers the successes and failures of the environmental policies to date. You can also find interesting (and free!) reports regarding wetlands on the U.S. Fish & Wildlife Service website.

• Sign up for your community, city or county government newsletters so you can stay up-to-date on any local environmental policies coming up for discussion. If something makes your ears perk up, we encourage you to reach out to the Earth Law Center for advice. 

A Story of Earth Law Center

Grant Wilson, Executive Director

“Earth lawyer wanted.” This wasn’t the exact language used, but my career at Earth Law Center (ELC), like many interesting things in life, began in response to an internet advertisement eight years ago. I was a young lawyer who had studied law for the sole purpose of defending nature. The idea of revolutionizing the law so that it worked for all species, not just humans, resonated deeply. I couldn’t wait to start.

I dove right in, learning about the Rights of Nature, Earth jurisprudence, ecological economics, human environmental rights, and other staples of the field. These and other legal movements comprise “Earth law.” When my family asked me to explain it, I would say that currently, environmental law plays defense. For instance, it prevents extinctions and puts some conditions on development. Earth law, on the other hand, plays offense, requiring humans to actually restore Nature to health.

Back then, the idea of Rights of Nature was, compared to today, relatively obscure, with a few victories, such as in Ecuador (2008) and a handful of U.S. communities (beginning in 2006). Of course, Indigenous peoples have for millennia understood that Nature is alive and that humans have a responsibility to protect it. But most Western lawyers—even the idealists—thought that a legal system that enfranchises Nature was simply unrealistic.

I dug in and we kept fighting. Slowly but surely, along with our partners, we started to win. Lawyers, judges, and politicians became educated about the flaws of our current legal system and how we could correct them. Legislation and sweeping court decisions began to recognize the Rights of Nature, now established at some level in at least twelve countries, along with other Earth-centered legal movements. Law journal articles began to pile up. Media took notice. Once the Guardian and the New York Times write about a movement, it becomes real to the average household. We turned a corner and became a force to be reckoned with.

Earth Law Center itself grew from a small team of a few extremely dedicated individuals to a group of dozens of staff, interns, volunteers, and active Board members. Along the way, I witnessed many highs: laws recognizing rights of rivers that ELC had drafted, an “Earth Law” textbook, a new Latin American program, and courtroom wins. I also witnessed lows: fundraising challenges, legal victories that came so close but fell short, and plenty of skepticism.

More recently, I have also enjoyed the opportunity to put my stamp on the organization since I became Executive Director. I took what I learned from two wonderful Executive Directors before me and carried their work forward while making my own mark.

In 2021, I hope to make progress towards two specific goals to continue ELC’s development. My first goal is to strengthen ELC’s status as an equitable and progressive organization. This begins with challenging our own power structures. To this end, I have been working the last six months to envision how ELC can become a horizontal, democratically run organization in order to promote equity and empower a greater diversity of voices. We are nearing completion of this process. Everyone in ELC will become a leader in their own space.

My second goal is to scale our work. This means new partnerships—we cannot do it all alone, and we always welcome collaborators in the space. It also means creating replicable legal models, such as “Rights of Rivers” laws that governments worldwide can customize and adopt, and “Earth law” courses that any law school can teach. It is time to mainstream the movement.

Earth Law Center has come a long way in a short amount of time. We hope that in another ten or twenty years, we can look back at this moment—the start of a new year—as the beginning of something great.