World Water Day Highlights Sacred Relationship with World-Renowned Elwha River
PORT ANGELES, WA ~ On March 22, 2025, World Water Day, the Elwha Legacy Forests Coalition and Earth Law Center invite everyone to gather at Hollywood Beach in Port Angeles, WA at 11:00am to witness a welcoming and opening speakers, and enjoy music performed by Star Nayea, Indigenous Grammy award winning artist. Special guest speakers include Frances Charles, Chairwoman of the Lower Elwha Klallam Tribe, who was instrumental in bringing down the two dams that choked the Elwha River for over a century. Until October 2024, the Elwha River dam removal was the largest in US history, now surpassed only by the free flowing Klamath River.
F O R I M M E D I A T E R E L E A S E
March 17, 2025
Contact: Elizabeth Dunne (Earth Law Center) • (808) 554-1409
Tashena Francis (Lower Elwha Klallam Tribal citizen) • (360) 912-5668
Freddie Lane (Lummi Nation elder) • (360) 391-7560
PORT ANGELES, WA ~ On March 22, 2025, World Water Day, the Elwha Legacy Forests Coalition and Earth Law Center invite everyone to gather at Hollywood Beach in Port Angeles, WA at 11:00 am to witness a welcoming and opening speakers, and enjoy music performed by Star Nayea, Indigenous Grammy award winning artist. Special guest speakers include Frances Charles, Chairwoman of the Lower Elwha Klallam Tribe, who was instrumental in bringing down the two dams that choked the Elwha River for over a century. Until October 2024, the Elwha River dam removal was the largest in US history, now surpassed only by the free flowing Klamath River.
Tashena Francis of the Lower Elwha Klallam tribe and Freddie Lane, Lummi elder will be co-emcees of the event. At 12:00 Noon, organizers will celebrate with an interfaith Water Blessing with Elwha Klallam tribal members leading ceremonies. At 1:00 pm, there will be a peaceful walk to sŋaʔŋáʔant cáwŋən ʔəssaqɬúŋt (Pebble Beach Park) and rally for protection of Legacy Forests. Guided hikes to local legacy forests depart from Pebble Beach at 2:00 pm. Participants can choose to visit the stretch of forest along the Elwha River that was part of the (now) cancelled “Power Plant” timber sale and hike to the old Elwha dam site. Or experience the rare coastal rainforest near the Sadie Creek campground that advocates continue to try to save, but is slated for logging as part of the “Doc Holliday” timber sale.
For detailed event information about the World Water Day event and an Indigenous Cinema Climate Showcase taking place March 20 and 21 visit: elwhalegacyforests.org/equinox-day-of-forests-water-day-2025/
The Elwha Legacy Forests coalition formed upon discovering that despite over $338 million spent on restoring the Elwha River Watershed post-dam removal, the Washington Department of Natural Resources (DNR) had continued to log older, structurally complex (legacy) forests near the Elwha River. The new Public Lands Commissioner Dave Upthegrove has since paused this type of logging, but that pause does not impact previously approved sales. In December 2024, Earth Law Center along with Center for Whale Research and Orca Network, filed lawsuits challenging the “Parched” and “Tree Well” timber sales that would clear cut 400 acres of the last remaining older forests in and around the Elwha Watershed. The lawsuits allege that the DNR has ignored scientific studies showing the negative impacts of logging mature and old-growth forests on stream flows and fails to respect the rights of future generations.
“Parched” and “Tree Well” are two legacy forest timber sales out of dozens advanced by the prior public lands commissioner. Legacy Forest Defense Coalition has filed 32 appeals in an effort to save legacy forests all around Western Washington. Supporters hope that with some favorable court rulings and enough public pressure, Commissioner Upthegrove will cancel most, if not all, of these sales.
Organizers seek to bring awareness and concern to community members about the threat that deforestation poses to salmon returning to their ancestral homewaters for the first time in over 110-years as well as to the community’s drinking water, recreation and our entire way of life. “Our hope is that these events will inspire people to really think about their relationship with water and the relationship between water and healthy forests,” says Elizabeth Dunne, Director of Legal Advocacy at the Earth Law Center. “Love of place is something we all have in common,” Dunne added.
Star Nayea is a Native Grammy Recording Artist and two time Native American Music Award winning singer/songwriter. She is a soul, rock, contemporary Christian music artist and environmentalist living in Snohomish, Washington. She hosts Native youth empowerment camps “Healing thru the Arts” teaching Native American youth music, video and cultural arts thru music.
Tashena Francis is a Lower Elwha Klallam tribal citizen and member of the Elwha Legacy Forest Coalition. She was born & raised on the Lower Elwha Klallam reservation and is an advocate for preserving the Elwha watershed. Francis believes that saving our forest for future generations is pivotal to address our global climate crisis.
Freddie ‘Sul ka dub’ Lane is an Indigenous environmentalist, activist (and member of the Elwha Legacy Forest Coalition) from the Lummi Nation near Bellingham WA. He is a grassroots organizer hosting the Gathering of the Eagles paddle through the San Juan Islands each May and road manages for the Totem Pole Journeys by House of Tears Carvers.
Elizabeth Dunne is a movement lawyer, Director of Legal Advocacy at the Earth Law Center, and co-founder of the Elwha Legacy Forests Coalition. She lives near the Elwha River Watershed.
New Report Champions Legal and Financial Support for Earth-Centered Laws and Governance Ahead of Biodiversity Negotiations in Cali, Colombia
As countries prepare for the next round of global biodiversity negotiations at COP16, a new report, Ecocentrism in the Global Biodiversity Framework, outlines how developing countries, in particular the least developed countries and small island developing States, can secure portions of the Global Biodiversity Framework Fund (GBF Fund) – intended to reach $200 billion per year by 2030 – to harmonize their legal systems with the laws of Nature under the framework of “Mother Earth centric actions.”
FOR IMMEDIATE RELEASE: October 3, 2024
Contact: Grant Wilson (gwilson@earthlaw.org, +1-510-566-1063)
Cali, Colombia— As countries prepare for the next round of global biodiversity negotiations at COP16, a new report, Ecocentrism in the Global Biodiversity Framework, outlines how developing countries, in particular the least developed countries and small island developing States, can secure portions of the Global Biodiversity Framework Fund (GBF Fund) – intended to reach $200 billion per year by 2030 – to harmonize their legal systems with the laws of Nature under the framework of “Mother Earth centric actions.”
Earth Law Center (ELC), alongside Rights of Mother Earth, Lawyers for Nature, End Ecocide Sweden, and Keystone Species Alliance, released the new report highlighting the potential to include transformative Earth-centered legal commitments in national biodiversity strategies. Specifically, the report calls for countries to incorporate the intrinsic value of Nature, the Rights of Nature (or Rights of Mother Earth), and other ecocentric commitments into their National Biodiversity Strategies and Action Plans (NBSAPs).
Photo courtesy of Samuel LeGrys
NBSAPs are each country’s roadmap to meet the goals of the Kunming-Montreal Global Biodiversity Framework (GBF), the landmark 2022 biodiversity agreement aimed at reversing biodiversity loss and living in harmony with Nature by 2050. The report underscores that we stand at a unique juncture for nations to align with Earth-centered law and governance.
"To halt and reverse the biodiversity crisis, nations must urgently transform their laws and societies to live in harmony with Nature," said Grant Wilson, Executive Director of Earth Law Center and co-author of the report. "The Global Biodiversity Framework presents an unprecedented opportunity to advance the Rights of Nature and other transformative legal paradigms for the planet. For many countries, this could also mean receiving significant financial support, catalyzing a profound shift in how we relate to and protect the natural world."
The report further analyzes NBSAPs as essential roadmaps for implementing the GBF. It highlights countries including Slovenia, Aotearoa New Zealand, and Fiji that have already integrated ecocentric language into their plans. These countries are leading the way toward proving that legal affirmation of the intrinsic value of Nature and supporting the Rights of Nature can help achieve biodiversity targets.
Photo courtesy of Samuel LeGrys
The report also explores how to fund emerging ecocentric law movements. Target 19 of the Global Biodiversity Framework specifically allocates funding for “Mother Earth centric actions,” which are defined as ecocentric and rights-based approaches. This includes a range of commitments, such as Rights of Nature, legal guardianship of ecosystems, and Nature-conscious governance. The funding is primarily aimed at developing nations, presenting an opportunity to secure financial resources that can transform legal and governance systems toward Earth-centered laws. The GBF Fund is already operational and providing funding, as detailed in a chart in Section IV of the report, “Financing,” of approved Project Preparation Grants that highlight ecocentrism and Mother Earth centric actions). Yet it still has a long way to go to meet its $200 billion annual commitment by 2030.
One of the report’s key findings is the recognition of the intrinsic value of Nature itself. This principle is essential to transforming humanity’s relationship with the natural world. It calls for a paradigm shift wherein Nature is recognized not merely as a resource for human use but as a living entity with its own rights and inherent value. This shift is crucial for achieving the Convention’s 2050 vision of "Living in Harmony with Nature."
The report also provides an analysis of how ecocentric legal frameworks can be applied across various cultural and legal contexts to promote Earth-centered laws that support the health of all living beings. While Rights of Nature are an emerging framework in many countries, other ecocentric law movements that give Nature a voice or center the legal system in our connection with the Natural world are taking root in parallel.
Notably, the report was primarily authored by law school and undergraduate interns working alongside sponsoring organizations. These youth advocates, increasingly vocal in their support of Rights of Nature and ecocentric law, will join the Earth Law Center delegation at COP16 to engage with governments on how to implement transformative Earth-centered policies.
***
Additional quotes:
"To achieve COP16’s theme of ‘Peace with Nature,’ acknowledging the Rights of Nature and Mother Earth should be at the top of the priority list of the Biodiversity Convention, not merely in the footnote,” remarked Doris Ragettli, Co-Founder of Rights of Mother Earth. “Just as the Human Rights Declaration paved the way for peace after WWII, we must now make Nature’s rights a global priority."
"Emerging initiatives to protect the Rights of Nature should be central to the journey to protect and restore biodiversity," said Jeremie Gilbert, an affiliate of Lawyers for Nature. "Our report shows that over 30 countries already recognize Rights of Nature through constitutional provisions, laws, or court decisions. Achieving 'Peace with Nature' requires incorporating these rights into biodiversity conservation efforts globally."
"The urgent need for societal transformation to meet the targets of the Convention on Biodiversity is increasingly recognized," stated Pella Thiel, Co-Founder of End Ecocide Sweden. "Truly transformative steps must address the root of the problem, which this paper does, with concrete actions that governments and other actors can take to move toward the Convention’s 2050 goal of living in harmony with Nature."
"It is incredibly inspiring to see people from all over the world with diverse interests uniting to uphold the intrinsic value of Nature,” said Emily Zinkula, a Stanford Law student who contributed to the paper as an intern at ELC. “For many of us, Nature's right to be protected feels intuitive. Seeing ELC and its partners tirelessly work to turn that intuition into a global truth is empowering. The recognition of Nature's Rights by global leaders gives much-needed hope, courage, and validation to a generation longing for it."
“The Animals’ Lawsuit Against Humanity” to Premiere at Climate Week NYC on Sept. 23rd, Exploring Interfaith Environmentalism and the Animal Rights Movement
During the 2024 Climate Week NYC, Earth Law Center will host a live reading of the 1,000 year old story “The Animals’ Lawsuit Against Humanity” at the AIA New York Center for Architecture. The play, which follows a group of animals who take humans to court for their poor treatment, alludes to the work of Earth Law Center and the broader Rights of Nature movement in ingraining the rights of animals and other natural entities into law.
FOR IMMEDIATE RELEASE: September 10, 2024
Contacts:
Grant Wilson, gwilson@earthlaw.org
Ciara Shea, cshea@earthlaw.org
Heather Robertson, hrobertson@earthlaw.org
New York, NY, September 23, 2024 – During the 2024 Climate Week NYC, Earth Law Center will host a live reading of the 1,000-year-old story “The Animals’ Lawsuit Against Humanity” at the AIA New York Center for Architecture. The play, which follows a group of animals who take humans to court for their poor treatment, alludes to the work of Earth Law Center and the broader Rights of Nature movement in ingraining the rights of animals and other natural entities into law.
Although its roots trace to India, Muslim scholars of a Sufi order in Iraq first wrote the story in the 10th century CE. Later, in the 14th century, the Christian king of Anjou ordered Rabbi Kalonymus ben Kalonymus to translate the Arabic version into Hebrew and Latin, and it has long been an important tale in Muslim and Jewish communities. Rabbi Anson Laytner and Rabbi Dan Bridge translated and adapted the story from Hebrew into English back in 2005. The theatrical reading of “The Animals’ Lawsuit Against Humanity” at Climate Week will be the official debut of Laytner’s adaptation of the story into a play.
Laytner and Bridge’s translation has been hailed by luminaries across religious traditions. The Islamic philosopher Seyd Hossein Nassar called it a “fascinating story of enduring spiritual worth and great current significance.” It has already made its way to schools in England, music festivals in Singapore, and more. Laytner also made it the focus of his recent novel, “The Forgotten Commandment.”
Rabbi Anson Laytner
Rabbi Laytner will speak at the theatrical reading during Climate Week. He celebrates the play’s interfaith approach to environmentalism, saying, “The message of this tale is shockingly contemporary, but equally surprising is its interfaith history which shows that the Abrahamic faiths all have strong teachings about how to care for other living things.”
Although “The Animals’ Lawsuit Against Humanity” is an ancient tale, its themes are especially valuable in light of the current ecological crisis, and speak to the ways in which legal systems can be used to enact rights for animals and ecosystems. In the play, humans move to an island previously inhabited only by animals and begin to exploit the animals for their own gain. Upset by their exploitation, the animals appeal to the King of the Jinn, who oversees a trial between the humans and animals. The trial itself is the focus of the play, as animals lament the human disregard for animal life, proclaiming, “There we are in the marketplace, being chopped up and sold, and that’s us! That’s our bodies, that’s our babies!” On the other side, some of the play’s humans argue that animals are rightless entities ripe for unfettered human use, while other humans, who could be described as environmentalists, align with the animals’ arguments.
ELC Executive Director Grant Wilson
Speaking to the conflict between animal rights and human exploitation, Grant Wilson, Executive Director of Earth Law Center (ELC), describes the relevance of “The Animals’ Lawsuit Against Humanity” to modern ecocentrism: “This ancient fable, over a thousand years old, mirrors the stark injustices that animals still face today: being treated as mere property and inferior to humans, both culturally and legally, with no formal rights of their own. In truth, humans are merely one small element in the vast, interconnected web of life. It’s time for our society and laws to recognize this reality.”
As the sponsor of the theatrical reading of “The Animals’ Lawsuit Against Humanity,” ELC has played a notable role in enshrining the Rights of Nature and animal rights across the globe. Focused particularly on animal rights, along with its partner organization, The Leatherback Project, ELC urged the creation of a national law in Panama protecting sea turtles, which was passed in 2023. In the U.S., ELC and partners have advocated for the rights of rivers, forests, and Southern Resident Orcas, amongst others. There are countless related campaigns globally.
Reflecting on this, Squil-le-he-le/Raynell Morris, a Lummi Nation elder, shared her wisdom on the kinship between humans and the natural world: “Everything in creation is our brother and sister. We have to respect everything and give thanks to everything—the winged, the finned, the four-legged, and the two-legged—because they are our relatives.” Morris has long fought for protecting the Southern Resident Orcas based on this kinship relationship, viewing them as “relatives under the sea” and rights holders. She will serve as a panelist after the reading.
ELC’s work is part of a broader global movement to advance the Rights of Nature and the rights of specific animals. In 2008, Ecuador was the first country to add a Rights of Nature amendment to its constitution, and since then, Bolivia, Panama, Spain, Uganda, and others have also enshrined the Rights of Nature into national laws. In 2024, Teresa Vicente won a Goldman Environmental Prize for her work giving legal rights to the Mar Menor salt water lagoon in Spain. “The Animals’ Lawsuit Against Humanity” captures the historical precedent for the broader Rights of Nature and animal rights movements.
The play “mirrors the efforts of advocates across the world to recognize and defend the rights of ecosystems and species based on the reality that all life has a right to exist,” says Wilson. “Many of the arguments that the animals make in the play are the same ones made by ‘Earth lawyers’ in the courts today as they seek to create legal frameworks that represent all life, not only humans.”
Lotus Kay, one of the actors, is a 23-year-old singer-songwriter and author of a children’s book series aimed at educating kids about wildlife and promoting kindness towards the Earth. She said, “This story powerfully conveys the unfair way we view and treat animals, and the important message that animals and Nature should have rights—a perspective increasingly prevalent amongst youth. It is also wonderful to partner with an organization like the Earth Law Center, whose real work is representing the Earth and animals, who don’t have their own voice.”
“The Animals’ Lawsuit Against Humanity” will be produced by Liv Boren and Chris Dooly of Jack & Grace Productions and will be performed on September 23 at Climate Week NYC. Liv and Chris were drawn to this project because, “at a time when the natural world is under threat, there is power and wisdom in the tales of our past. J&G is thrilled to bring this show to life with Earth Law Center at Climate Week NYC, where we have the potential to reach young minds and foster real, long-lasting change.”
To register to attend, please follow this link and consider a $30 recommended donation to support ELC’s work, with a VIP ticket costing $100. Following the theatrical reading, there will be a panel with environmental leaders exploring the play’s applicability to modern-day legal movements and challenges, including the treatment of animals through factory farming.
The reading and panel will also be livestreamed (with watch parties) for those who would like to attend remotely.
Actors Include:
Chris Dooly, Narrator
Lotus Kay, Donkey
Keith Randolph Smith, General Havok
Lee Wilkof, Ox, King Bersaf, Chef Orotundo, Phoenix, Parrot, Fly, King Snake, Frog
Erin Neufer, Horse, Zoey Phile, Falcon, Wasp, Pig, Ima Phud, Snow Leopard
Raquel Chavez, Sheep, Queen Lion, Peacock, Queen Bee, Cricket, Priest
Panelists:
Karen Bradshaw, Professor of Law and Senior Sustainability Scientist Arizona State University
Lindsey Marie Coffey, model, environmentalist, and former Miss Earth
Squil-le-he-le/Raynell Morris, Events and Gatherings Producer, Children of the Setting Sun Productions
Zehra Abbas, EcoMuslim Alliance
Introduction from:
Grant Wilson, Executive Director, Earth Law Center
Anson Laytner, Script writer and author
Event images, social media posts, and headshots available here.
Mujeres Kukama dicen que su río Marañón es un ser vivo: Demanda pionera presentada en Perú
Huaynakana Kamatahuara kana, una federación de mujeres Kukama en el bajo Valle del Marañón, ha presentado una acción legal pionera exigiendo que el gobierno peruano reconozca su río como una persona jurídica.
Huaynakana Kamatahuara kana, una federación de mujeres Kukama en el bajo Valle del Marañón, ha presentado una acción legal pionera exigiendo que el gobierno peruano reconozca su río como una persona jurídica, o "Ser Vivo". Una coalición de organizaciones nacionales e internacionales, incluido el Instituto de Defensa Legal, International Rivers y el Earth Law Center, brindan asistencia y apoyo legal. Una coalición de abogados y académicos canadienses ha presentado un amicus curiae en defensa de la petición.
Para muchos pueblos indígenas como los Kukamas, sus ríos son seres vivos con derechos que deben ser reconocidos y protegidos. El río Marañón es la fuente de alimento, agua y transporte del pueblo Kukama; también es el centro de su universo espiritual. Después de ver cómo su río sufría contaminación durante décadas, especialmente por derrames de petróleo sistémicos que han destruido su frágil ecosistema y sus pesquerías, las mujeres Kukama decidieron emprender acciones legales.
El 8 de septiembre la federación de mujeres y sus abogados de IDL iniciaron una acción judicial en un tribunal peruano para que se reconociera a su río como persona jurídica. La petición demanda a varias entidades gubernamentales de violar los derechos fundamentales del río Marañón, entre ellas Petroperú, la estatal petrolera, el Ministerio de Medio Ambiente y el Ministerio de Energía y Minas.
Huaynakana fue fundada en 2001 para promover los derechos de las mujeres Kukama-Kukamiria y proteger su medio ambiente y cultura. La federación representa a mujeres de 28 comunidades indígenas en el distrito de Parinari en el río Marañón en la región amazónica del norte de Perú.
Abogados y académicos canadienses de tres universidades presentaron un amicus curiae en la corte peruana el 29 de septiembre para respaldar la demanda de Huayanakana. El documento muestra cómo varios gobiernos provinciales han reconocido el derecho de los pueblos indígenas a administrar sus propios recursos. El amicus describe la creciente importancia de la ley indígena dentro del proceso de evaluación del impacto ambiental en Canadá.
Detalles de la acción legal de Huaynakana
Las mujeres Kukama están pidiendo el reconocimiento de derechos específicos para el Río Marañón que incluyen: el derecho a existir, fluir, vivir libre de contaminación, alimentarse y ser alimentado por sus afluentes, y ser protegido, preservado y restaurado. Estos derechos están de acuerdo con la Declaración Universal de los Derechos de los Ríos.
La creciente jurisprudencia comparada en todo el mundo, como el río Atrato en Colombia, el Río Whanganui en Nueva Zelanda y el Río Magpie en Canadá, está otorgando derechos sobre los ríos. Los miembros de Huaynakana dicen que su río también debe protegerse debido a su valor cultural y espiritual.
La Constitución de Perú protege los valores culturales de sus pueblos indígenas y el país es signatario del Convenio 169 de la OIT y de la Declaración Americana de Pueblos Indígenas.
La demanda también pide a Petroperú que lleve a cabo el mantenimiento y reparación de su gasoducto peruano norte con fugas, y el establecimiento de comités locales de gestión de cuencas hidrográficas para garantizar la participación de los pueblos indígenas en la administración y conservación de sus recursos hídricos.
Las mujeres Kukama exigen que el gobierno peruano reconozca a las organizaciones indígenas como guardianes, defensoras y representantes del Río Marañón y sus afluentes. Piden la creación de los “Guardianes del Río Marañón”, institución que representaría al río y sus intereses en coordinación con las agencias gubernamentales. Esta institución le daría al río Marañón un lugar en la mesa durante las reuniones de alto nivel y potencialmente permitiría que el río influyera en las decisiones públicas y privadas sobre su Ser y Afluentes.
El Congreso Mundial de la Naturaleza de la UICN expresó su preocupación por las amenazas que enfrentan las cuencas fluviales de Perú y recomendó que el río Marañón sea considerado un tema especial de protección debido a su importante papel en el ecosistema amazónico.
“No vivimos del dinero. Vivimos de lo que cultivamos en nuestra tierra y de nuestra pesca. No podemos vivir sin peces ”. Isabel agrega que las mujeres interpusieron acciones legales para proteger el río para sus hijos y nietos.”
Miembro de la Junta, Huaynakana Kamatahuara Kana
Enlaces a videos producidos por Huaynakana, Asociación Quisca y Radio Ucamara
Habla un Periodista Kukama: el río Marañón es un ser vivo
Habla un Sanador: nuestras plantas medicinales necesitan los ríos
Un pescador y una madre hablan de su río
Contactos
Mari Luz Canaquiri Murayari, Huaynakana President. +51 925 764 188
Carmen Rosa Arévalo, Huaynakana Advisor. + 51 938 853 259
Juan Carlos Ruiz, IDL Lawyer. +51 997 521 685, jruiz@idl.org.pe
Maritza Quispe, IDL Lawyer. +51 997 598 906, mquispe@idl.org.pe
Charis Kamphuis, JCAP Lawyer. (+1) 250 572 2625 ckamphuis@tru.ca
https://proyecto-justicia.org/
Monti Aguirre, International Rivers, monti@internationalrivers.org
https://www.internationalrivers.org/
Constanza Prieto Figelist, Earth Law Center, cpfigelist@gmail.com, https://www.earthlawcenter.org/
Stephanie Boyd, Cineasta/Periodista, Asociación Quisca. quiscaproductions@gmail.com
Kukama Women Say Their Marañón River is a Living Being: Groundbreaking Lawsuit Filed in Peru
Huaynakana Kamatahuara kana, a Kukama women’s federation in the lower Marañón Valley, has filed a groundbreaking legal action demanding that the Peruvian government recognize their river as a legal person.
Huaynakana Kamatahuara kana, a Kukama women’s federation in the lower Marañón Valley, has filed a groundbreaking legal action demanding that the Peruvian government recognize their river as a legal person, or “Ser Vivo” (Living Being)). A coalition of national and international organizations including the Institute for Legal Defense, International Rivers, and the Earth Law Center are providing legal aid and support. A coalition of Canadian lawyers and academics have presented an amicus curiae in defense of the petition.
For many Indigenous people like the Kukamas, their rivers are living beings with rights that should be recognized and protected. The Marañón River is the source of food, water, and transportation for the Kukama people; it is also the center of their spiritual universe. After watching their river suffer contamination over decades, especially from systemic oil spills that have destroyed its fragile ecosystem and fisheries, the Kukama women decided to take legal action.
On September 8th the women’s federation and their lawyers from IDL filed a legal action in a Peruvian court to have their river recognized as a legal person. The petition accuses various government entities of violating the fundamental rights of the Marañón River, including Petroperú, the state-run oil company, the Ministry of the Environment, and the Ministry of Energy and Mining.
Huaynakana was founded in 2001 to promote the rights of Kukama-Kukamiria women and protect their environment and culture. The federation represents women from 28 indigenous communities in the district of Parinari on the Marañón River in Peru’s northern Amazon region.
Canadian lawyers and academics from three universities filed an amicus curiae in the Peruvian court on September 29th to support Huayanakana’s lawsuit. The document shows how various provincial governments have recognized the right of Indigenous people to manage their own resources. The amicus describes the growing importance of Indigenous law within the environmental impact assessment process in Canada.
Details of Huaynakana’s Legal Action
The Kukama women are asking for recognition of specific rights for the Marañón River including: the right to exist, to flow, to live free from contamination, to feed and be fed by its tributaries, and to be protected, preserved, and restored.
These rights are in accordance with the Universal Declaration of the Rights of Rivers. Growing comparative jurisprudence worldwide, such as Colombia’s Atrato River,[1] New Zealand’s Whanganui[2] River and Canada’s Magpie River, is providing rights for rivers. Huaynakana’s members say their river must also be protected because of its cultural and spiritual value.
Peru’s Constitution protects the cultural values of its Indigenous people, and the country is a signatory to Convention 169 of the OIT as well as the American Declaration of Indigenous People.
The lawsuit also calls on Petroperú to carry out maintenance and repairs on its leaky North Peruvian Pipeline, and for the establishment of local river basin management committees to ensure the participation of Indigenous people in the administration and conservation of their water resources.
The Kukama women are demanding that the Peruvian government recognize Indigenous organizations as guardians, defenders, and representatives of the Marañón River and its tributaries. They call for the creation of the “Guardians of the Marañón River”, an institution that would represent the river and its interests in coordination with government agencies. This institution would give the Marañón River a seat at the table during high-level meetings and potentially allow the river to influence public and private decisions over its Being and Tributaries.
The IUCN World Conservation Congress has expressed concern about the threats facing Peru’s river basins and advised that the Marañón River be considered a special subject of protection due to its important role in the Amazon ecosystem.[3]
“We do not live on money. We live from what we grow on our land and our fishing. We can not live without fish.” Isabel adds that the women filed their legal action to protect the river for their children and grandchildren. ”
Board Member, Huaynakana Kamatahuara Kana
Huaynakana Videos
The Marañón river is a living being
A Kukama journalist speaks: the Marañón River is a Living Being
A Healer speaks: our medicinal plants need the rivers
A fisherman and a Mother speak about their river
Contacts
Mari Luz Canaquiri Murayari, Huaynakana President. +51 925 764 188
Carmen Rosa Arévalo, Huaynakana Advisor. + 51 938 853 259
Juan Carlos Ruiz, IDL Lawyer. +51 997 521 685, jruiz@idl.org.pe
Maritza Quispe, IDL Lawyer. +51 997 598 906, mquispe@idl.org.pe
Charis Kamphuis, JCAP Lawyer. (+1) 250 572 2625 ckamphuis@tru.ca
https://proyecto-justicia.org/
Monti Aguirre, International Rivers, monti@internationalrivers.org
https://www.internationalrivers.org/
Constanza Prieto Figelist, Earth Law Center, cpfigelist@gmail.com, https://www.earthlawcenter.org/
[1] Corte Constitucional de Colombia, Sala Sexta de Revisión, Acción de tutela del Rio Atrato, T-622 de 2016, 10 de noviembre, 2016
[2] Nueva Zelanda, Te Awa Tupua (Whanganui River Claims Settlement) Act 2017.
[3] Ver. https://www.iucncongress2020.org/motion/013
Advocates at IUCN Congress Highlight a Wave of New Support for the Rights of Rivers
Contacts:
1. Monti Aguirre, International Rivers (707-591-1220; monti@internationalrivers.org)
2. Grant Wilson, Earth Law Center (510-566-1063; gwilson@earthlaw.org)
For immediate release: September 8, 2021
Marseille, France—Today, advocates from across the globe gathered at the IUCN World Conservation Congress (both in person and remotely) to highlight the precipitous growth of the movement to recognize the rights of rivers and watersheds. The press conference also marked the approximate one year anniversary of the formal launch of the Universal Declaration of the Rights of Rivers (“Declaration”), a civil society initiative to define the basic rights to which all rivers are entitled. According to its proponents, the Declaration intends to build awareness and serve as a customizable legal model for governments wishing to join the rights of rivers movement.
Over the past year, rights have been recognized or declared for (at minimum) Boulder Creek and the Boulder Creek Watershed (Nederland, USA, mirroring some language from the Declaration), the Magpie River (Canada), waterways in Orange County, Florida (USA), the Alpayacu River (Ecuador), and the Paraná River and Wetlands (Rosario, Argentina). In contrast to traditional environmental laws that recognize Nature as mere human property, this legal precedent acknowledges that rivers, watersheds, and other natural entities are living entities with rights.
With regards to the Declaration, it now has support from close to 1,700 individuals and 211 organizations from over forty countries. Numerous ‘rights of rivers’ campaigns also incorporate parts of the Declaration, including in El Salvador (rights of the Lempa River), France (rights of the Tavignanu River), Mexico (rights of all rivers in Oaxaca), Nigeria (rights of the River Ethiope), Pakistan (rights of the Indus Delta and River), Serbia, and the UK (rights of the River Frome). Additionally, last week, 16 IUCN members co-sponsored an emergency motion calling upon IUCN members to endorse the Declaration, although it did not pass.
Advocates have also submitted a multitude of amici curiae briefs in defense of the ‘rights of rivers’ that specifically reference the rights recognized in the Universal Declaration of the Rights of Rivers, including briefs seeking to protect the rights of the Dulcepamba River, Piatúa River and Nangaritza River in a series of cases currently before the Constitutional Court of Ecuador. Another amicus brief seeks to protect the Marañon River in Peru based in part on the Universal Declaration of the Rights of Rivers. In one instance, an administrative body in Ecuador upheld the rights of the Dulcepamba River and ordered protection of its flows.
The momentum towards the rights of rivers is growing as a response to mounting global threats to rivers and freshwater ecosystems. According to the 2020 Living Planet Index, 944 monitored freshwater species declined by an average of 84% between 1970 and 2016. Due to an onslaught of dams and other infrastructure, only 37 percent of rivers longer than 1,000km still flow freely.
The notion of recognizing the personhood or rights of rivers gained global attention in 2017. That year, a treaty agreement between the Whanganui Iwi (a Māori tribe) and the Crown Government recognized the Whanganui River as a legal person, a Constitutional Court decision in Colombia recognized the rights of the Atrato River, and a court in Uttarakhand, India, recognized the Ganga and Yamuna Rivers as legal persons with rights (later stayed). In 2008, Ecuador became the first country to constitutionally recognize the Rights of Nature.
Quotes:
“It is obvious that effective river management works best at the basin scale, and ‘river rights’, as described in the Declaration, is a very important way of achieving this and ensuring protection of ecosystem integrity.”
-Angela Andrade, Chair of IUCN’s Commission on Ecosystem Management
“Globally, rivers have enormous social, cultural, environmental, and economic value, but are becoming progressively more threatened. The Rights of Rivers approach is becoming increasingly important for ensuring that they can continue to provide these essentials to benefit nature and the people who rely on them.”
Kristen Walker, Chair of IUCN’s Commission on Environmental, Economic and Social Policy.
“Western law and culture often treat rivers as a human resource instead of recognizing the reality that they are living systems. An important step towards correcting this falsehood is for rivers and other natural entities to be recognised in law as legal entities with intrinsic rights.”
-Jessica Sweidan, CoFounder & Trustee of Synchronicity Earth; IUCN Patron of Nature.
“The playbook for protecting rivers and watersheds must evolve beyond the traditional environmental law approaches we’ve been using since the 1960s, as such laws are helpful but grossly inadequate. The Declaration is a useful legislative starting point for those wishing to promote new, Earth-centered legal protections for fresh waters.”
-Grant Wilson, Executive Director of Earth Law Center.
“This movement towards recognizing the rights of rivers will be extremely helpful for protecting the freshwater biodiversity present in these ecologically important rivers.”
-Dr. Topiltzin Contreras Macbeath, Head of the Conservation Biology Research Group at the University of Morelos, México and Co-Chair of the Freshwater Conservation Committee of IUCN’s Species Survival Commission.
“Rivers are the veins of the Earth. They hold so much life and provide the conditions for life to evolve, flourish, and regenerate. This declaration is essential in the process of legally recognizing the inherent rights of rivers worldwide, as a way to protect their integrity, health, and role in Earth’s web of life.”
-Hana Begovic, Director of Earth Advocacy Youth.
“A global study of river protections that I recently led shows the growing importance of the Rights of Rivers movement, relative to some of the other protection systems we discussed. We concluded that Rights of Rivers is a powerful tool for recognizing Indigenous cultural plurality in legal systems, and for bringing about transformative change in the protection of nature.”
-Dr. Denielle Perry, Director of the Free-flowing Rivers Lab in Northern Arizona University’s School of Earth and Sustainability, and Co-Chair of the Durable River Protection Coalition.
"Rivers across the planet are ribbons of biodiversity that are facing unprecedented threats due to climate change and dam building. Rights of Nature for Rivers offers a path forward that combats these threats and gives rivers their rightful protection as the planet's life-saving arteries.”
-Gary Wockner, Co-Founder of Save The Colorado and Founder of Save The World's Rivers.
“Our current laws are not rising to address the climate and biodiversity crises. Freshwater ecosystems need permanent protections to sustain water quality, food security, and human rights. A Rights of Nature approach offers transformative change at a time where it could not be needed more.”
Monti Aguirre, Latin America Manager at International Rivers.
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Find more on the Universal Declaration of the Rights of Rivers, visit www.RightsOfRivers.org
EARTH LAW CENTER TO PARTNER ON “INVISIBLE HAND” YOUTH INTERNATIONAL SCREENING
FOR IMMEDIATE RELEASE:
Media Contacts:
Michelle Bender, Ocean Campaigns Director, Earth Law Center, mbender@earthlaw.org, 509-218-9338
Joshua Pribanic (Co-director INVISIBLE HAND), joshua@publicherald.org, 419-202-8503
Melissa Troutman (Co-director INVISIBLE HAND), melissa@publicherald.org, 724-388-0464
The Screening Will Include A Panel Discussion With Youth Activists
BOULDER, Colo. (February 12, 2021) - Earth Law Center is pleased to partner with Mark Ruffalo, PublicHerald, Pearl Remote Democratic High School and youth organizations for a Youth International Screening of INVISIBLE HAND, a documentary film covering the Rights of Nature movement. This special event, taking place Saturday, March 13 from 1 - 4 p.m. ET, will include a discussion with environmental youth activists and other influential voices following the film screening.
“INVISIBLE HAND offers an alternative, a paradigm shift occurring across the world that’s healing, not just symptoms of environmental disaster, but the actual disease,” said Ruffalo. “This movement changes everything. It honors indigenous wisdom and shifts our priorities. It restores balance by placing Nature at the center of our decision making processes and gives the power that corporations stole back to our communities. It enshrines the long-ignored laws of Nature inside of our legal system.”
Produced by Ruffalo, INVISIBLE HAND takes viewers behind the scenes of four defining legal battles related to the Rights of Nature movement, a subset of Earth Law. The documentary follows legal challenges that address local communities’ rights to self-governance, Indigenous rights and sovereignty, and the rights of natural communities and ecosystems. In one such effort, award-winning directors Joshua Pribanic and Melissa Troutman followed the Pennsylvania community of Grant Township on a journey to protect itself against the disposal of toxic fracking waste threatening their water supply. To do so, the community passed a Home Rule Charter that recognized the community’s right to a clean and healthy environment, as well as the rights of natural communities and ecosystems to exist, flourish, and naturally evolve.
“Our legal system is rigged to commodify Nature, to favor private property above Life,” says co-director Melissa Troutman. “It’s a system that makes it perfectly legal to harm innocent people without their consent and threaten the survival of the planet.”
“The climate emergency is now and the science is clear,” added Joshua Pribanic, Co-Director of INVISIBLE HAND. “We have less than eight years to change everything we know about our economy, our government, and our laws. This film is about the first step on that path to a livable future. Rights of Nature is the next stage in the evolution of our democracy.”
Elizabeth Dunne, who now serves as Earth Law Center’s Director of Legal Advocacy, was honored to provide counsel to the community of Grant Township throughout the multi-year legal battle followed in the film and to be part of the litigation team that helped secure the Lake Erie Bill of Rights a place on the ballot.
“The film does a tremendous job of depicting the courage and determination it takes to protect water from corporate power and advance systemic change,” Dunne said. “Protecting water is protecting ecosystems, and protecting ecosystems is protecting human health and well-being. At its core the Rights of Nature movement reminds us that if we do not live in the right relationship with the Earth, we will neither thrive, nor ultimately, survive. Making Rights of Nature a reality demands multi-faceted and dynamic approaches that evolve depending on the time, place and circumstances.”
Participants of the panel discussion include Michelle Bender, Earth Law Center’s Ocean Campaigns Director. “I am honored to be invited to participate in the screening, and thank the producers for focusing on youth engagement and involvement in the movement,” said Bender. “Environmental activists of all ages must be given more platforms to have their voices heard. We are the ones that are inheriting the Earth (along with the future generations of all species and ecosystems), and therefore should have an equal opportunity to lend our voices to the decisions and processes that are altering our future, such as climate change policy.”
Anyone wishing to attend should reserve their tickets at: https://invisiblehandfilm.com/yis (tickets will be free for anyone but adults are encouraged to donate). The film starts at 1:00 p.m. EDT on the day of the screening, with the youth panel beginning at 2:45. Audiences will have the opportunity to discuss the latest Rights of Nature ideas with Mark Ruffalo, youth leaders, The Pearl School, and filmmakers.
In order to reverse the global environmental crisis, we need transformational change in not only our society and legal systems, but our values and ethics that underlie these systems. Legal rights for nature is one way to do so,” added Bender. “I encourage you to not only watch this film, but to learn more about Earth law and the Rights of Nature movement and how you can be involved. We cannot change the status quo if we continue to work within the system that has led to and fueled the growing environmental crisis. Our lives, health and well-being depends on the health of the larger Earth community.”
Other partners of this event include: Earth Advocacy Youth, GARN Youth Hub, OtherWise Wageningen, Great Plains Action Society, We R Native, Center for Native American Youth, Polluters Out, Youth Vs. Apocalypse, Greenpeace, Mark Ruffalo. You can also visit the website for a full list of quotes from the participants. : https://www.invisiblehandfilm.com/international-youth-organizations-join-mark-ruffalo-to-screen-rights-of-nature-documentary/.
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ABOUT EARTH LAW CENTER
Earth Law Center (www.earthlawcenter.org) is a 501(c)(3) nonprofit environmental law organization working around the world to advance Earth-centered laws and community-led movements that respect and protect all life on the planet. ELC partners with frontline Indigenous people and communities to challenge the overarching legal and economic systems that reward environmental harm, and advance governance systems that maximize social and ecological well-being.
EARTH LAW CENTER APPOINTS TWO NEW BOARD DIRECTORS
The New Directors Bring 20 Years of Experience to ELC’s Board and Reflect the Organization’s Commitment to Social Responsibility and Global Expansion.
February 8, 2021
Today, Earth Law Center (ELC) announces the appointment of Felipe Clavijo-Ospina and Brandon Hubbard to the organization’s Board of Directors, effective immediately.
“We are excited to welcome Felipe and Brandon to the ELC Board,” said Grant Wilson, Executive Director of the Earth Law Center. “They each bring valuable perspectives that not only complement our leadership team but will also help drive our organization forward during this pivotal time in the Earth Law movement. We look forward to their contributions.”
Clavijo-Ospina brings more than 15 years of experience practicing constitutional law in Colombia. As a clerk on the country’s Constitutional Court, he wrote the landmark 2017 decision that granted legal rights to the Atranto River, a 416-mile waterway that encompasses one of the world’s most biodiverse ecosystems. Today, Clavijo-Ospina serves as a Senior Constitutional Advisor in the Office of the Inspector-Attorney General of Colombia.
“I am excited to add more Latin American and Indigenous perspective to ELC’s important work,” said Clavijo-Ospina. “I have been a longtime supporter of the Earth Law movement and am thrilled to have the opportunity to help shape it and propel it forward.”
Hubbard is one of the youngest Directors to serve on ELC’s Board and a longtime sales manager at Comscore, a company that offers media and marketing measurement resources. He has been active in Comscore’s social responsibility programs and co-founded Comscore REAL (Representation and Equity at All Levels), a company-wide resource group for minority employees.
“I look forward to using my sales experience to bring more funding to ELC,” Hubbard said. “This work takes time, requires talented lawyers and demands an incredible amount of partner outreach, so we need our donations to keep up with these needs.”
Coalition Submits Amicus Brief Urging Ecuador’s Constitutional Court to Make Landmark Rights of Nature Ruling in Los Cedros Case
FOR IMMEDIATE RELEASE: September 10, 2020
Contacts:
Constanza Prieto Figelist (cpfigelist@earthlaw.org, 202-621-3877)
Grant Wilson (gwilson@earthlaw.org, 510-566-1063)
New York, NY: Last week, a coalition of organizations submitted an amicus brief to the Constitutional Court of Ecuador, the highest court in Ecuador, calling for a robust application of the Rights of Nature in order to save the Los Cedros Protected Forest, an immensely biodiverse Andean cloud forest in Ecuador. Los Cedros is under threat from recent mining concessions to state mining company ENAMI that cover two-thirds of the reserve. Several species are at risk of extinction due from mining operations.
In 2008, Ecuador became the first country in the world to constitutionally recognize the “Rights of Nature,” granting basic rights to Nature, just as humans possess rights. The case of Los Cedros Rainforest will be the first case specific to the Rights of Nature that reaches the Constitutional Court.
“Ecuador has inspired a global movement to recognize Nature’s rights, but now it must become effective in practice to protect and restore ecosystems,” said Constanza Prieto Figelist, Latin American Legal Lead at Earth Law Center. “Our amicus brief offers a blueprint for the strong and practical enforcement of the Rights of Nature.”
The amicus brief makes several requests. First, it calls for fully upholding the rights of the Los Cedros Rainforest with an emphasis on its right to restoration to repair the damages Los Cedros already suffered from ENAMI. Second, it calls for the application of rights specific to certain ecosystems—e.g., rivers flowing within Los Cedros have river rights, forests have forest rights, and so forth, each with their own standards. Third, it calls for the appointment of independent legal guardians for Nature. Finally, it calls for upholding human environmental rights and rights of future generations.
Globally, Rights of Nature is now recognized to some extent in over a dozen countries. This includes the United States, where a handful of Native American tribes and many local communities have passed Rights of Nature laws, declarations, and resolutions. The Convention on Biological Diversity’s post-2020 global biodiversity framework also recently promoted the Rights of Nature in its updated draft, which is up for adoption in 2021.
The amicus brief was submitted jointly by Earth Law Center, the Global Alliance for the Rights of Nature, and the Center for Biological Diversity in collaboration with International Rivers and the Great Lakes Environmental Law Center. A network of law school professors sign the amicus brief in support, as well.
# # #
Earth Law Center (www.earthlawcenter.org) is a 501c3 organization that works to transform the law to recognize and protect nature’s inherent rights to exist, thrive and evolve. They recently released the first-ever law school coursebook on “Earth law,” which is an emerging body of ecocentric law, including the Rights of Nature.
Convention on Biodiversity Advances the Rights of Nature in Proposed Post-2020 Global Biodiversity Framework
The Convention on Biological Diversity (CBD) has become the first international environmental treaty proposing to advance the Rights of Nature.
FOR IMMEDIATE RELEASE: September 2, 2020
Contacts:
Grant Wilson, Earth Law Center (gwilson@earthlaw.org, +1-510-566-1063)
Pella Thiel, Rights of Nature Sweden (pella.thiel@endecocide.se, +46-73-658 98 84)
Doris Ragettli, Rights of Mother Earth (doris@rightsofmotherEarth.com, +41-79-775-7059
Hana Begovic, Earth Advocacy Youth (hanabegovic1@gmail.com)
Montreal, Canada—The Convention on Biological Diversity (CBD) has become the first international environmental treaty proposing to advance the Rights of Nature. This milestone occurred in the updated “zero draft” for a post-2020 global biodiversity framework, which will be up for adoption during the 15th meeting of the “Conference of the Parties” (COP) to the CBD in 2021 in Kunming, China.
Specifically, the zero draft added the following approach to implement the framework: "Consider and recognize, where appropriate, the rights of nature.”
“We hope this important milestone will inspire State parties to join the growing number of governments worldwide that recognize and enforce the Rights of Nature, while also giving Nature a stronger voice within the Convention on Biological Diversity,” said Ilana Platkiewicz, an Environmental Law Associate at Earth Law Center.
“Recognizing the Rights of Nature makes a respectful relationship between humans and Nature possible. This is the transformative policy action the post-2020 framework needs to fulfill its goals and protect biodiversity,” said Pella Thiel, Coordinator of Rights of Nature Sweden.
Parties to the CBD established open-ended working groups on the post-2020 biodiversity framework in November 2018 in Sharm El Sheikh, Egypt, with the goal of creating an ambitious plan to transform society’s relationship with biodiversity and to ensure that, by 2050, the shared vision of living in harmony with nature is fulfilled.
On January 13, 2020, the CBD Secretariat published a “zero draft” of the post-2020 global biodiversity that did not make reference to the Rights of Nature. In the months that followed, a coalition of organizations—led by Rights of Mother Earth, Earth Law Center, Rights of Nature Sweden, and Earth Advocacy Youth—made submissions advocating for Rights of Nature to be included. On August 17, 2020, the Secretariat released an updated zero draft highlighting the Rights of Nature as a new “enabling condition” of the post-2020 framework.
“Recognizing the Rights of Nature in the biodiversity convention is a very important component and a milestone for the protection of the natural environment. We hope it will support our endeavor for Nature to be seen and treated as a rights-bearing entity in all national legal systems, with intrinsic rights to exist and flourish, irrespective of its use and value to humans,” said Doris Ragettli, co-founder of Rights of Mother Earth.
“Youth from all around the world are at the forefront of advancing counter norms such as the Rights of Nature, as they realize that ‘business as usual’ is not an option for them nor the Earth system as a whole. We are very happy to be a part of this important work for the inclusion of Rights of Nature into the Post-2020 framework,” said Hana Begovic, Director and Coordinator of Earth Advocacy Youth.
In 2008, Ecuador became the first country in the world to constitutionally recognize the “Rights of Nature,” thereby granting basic rights to Nature, just as humans possess rights. Globally, Rights of Nature is now recognized to some extent in over a dozen countries, including nationally in Bolivia, in several Mexican states, and at the local and tribal level in the United States.
A growing number of unique ecosystems are also being recognized as subjects of rights. These include the Whanganui River in New Zealand per a treaty agreement and eight rivers or river basins in Colombia after a series of landmark court decisions. Many environmental advocates believe the Rights of Nature movement could be the turning point in the global effort to restore Nature to health, which they argue is impossible so long as Nature is treated as mere human property under the law instead of having its own voice and rights in governance.
# # #
Earth Law Center (www.earthlawcenter.org) is a 501(c)(3) organization that works to transform the law to recognize and protect nature’s inherent rights to exist, thrive, and evolve. This includes advancing the inherent rights of rivers through initiatives with local partners to secure rights recognition.
Rights of Nature Sweden (www.naturensrattigheter.se) is working with Rights of Nature and Earth jurisprudence as systemic tools for the transition to a society in harmony with nature. We arrange the Earth Rights Conference as a platform for these ideas.
Rights of Mother Earth is a global movement campaign for the adoption of a Declaration of Rights of Mother Earth by the United Nations, to complement the Human Rights Declaration. You can sign and share the petition at: www.RightsofMotherEarth.com
Earth Advocacy Youth (https://www.earthadvocacy-youth.org) is a coalition of creative, daring, and skilled young professionals working to identify and apply bold ecocentric solutions and practices through youth-led policy, education and legal action.
Read the joint brief advocating for the Rights of Nature and submitted to the CBD by the above parties here: https://www.earthlawcenter.org/s/CBD-Rights-of-Nature.pdf
River Defenders Win Major Victory for California Waterways
A coalition of river and coastal defenders have won a major victory against the State Water Resources Control Board (Water Board), securing an order that requires the Water Board to meet the statutory deadlines for its list of impaired waterways in California.
FOR IMMEDIATE RELEASE: SEPT 9, 2019
Matt O'Malley (matt@sdcoastkeeper.org, 619-758-7743)
Lindsey Jurca (lindsey@lawaterkepeer.org, 310-490-6887)
Sacramento, CA (Sept 9, 2019)—A coalition of river and coastal defenders have won a major victory against the State Water Resources Control Board (Water Board), securing an order that requires the Water Board to meet the statutory deadlines for its list of impaired waterways in California. The lawsuit focused on the Water Board’s violations of the Clean Water Act and the Porter-Cologne Water Quality Control Act, the latter being California’s guiding clean water law that protects the health of the state’s inland and coastal waters.
"This victory will ensure that the State Water Board upholds its basic legal duty to identify and restore impaired waterways in a timely manner," said Grant Wilson, Directing Attorney of Earth Law Center. "This is an important step towards reversing the historic decline of aquatic ecosystems across California."
Earth Law Center, Los Angeles Waterkeeper (LAW), and San Diego Coastkeeper filed suit in November 2017, challenging the Water Board’s Integrated Report process. The Integrated Report contains the previously mentioned list of impaired waterways, along with a broader report on overall water quality.
For nearly two decades, California has submitted its biennial Integrated Report years late, resulting in water quality decisions that are based on severely outdated information. For example, California's 2014 Integrated Report was submitted to the U.S. EPA more than 3 years and 6 months late. As a result of this ruling, the Water Board must submit reports on time.
“It was clear that the State Water Board was not taking the impaired waters lists as seriously as they should be or allocating the staff resources necessary for such an important program,” said Arthur Pugsley, Senior Attorney at LAW. “The Integrated Reports are foundational. Considering the necessity of these reports to inform the public of possible health threats and to trigger the adoption of restoration plans, this ruling is a victory not only for our waterways, but for the people and wildlife of California.”
“This victory should result in a more up-to-date and complete understanding of the challenges our waterways are facing, ensuring increased efficacy of restoration and recovery plans,” noted Matt O’Malley, Executive Director and Managing Attorney at San Diego Coastkeeper.
“We are pleased with the ruling, but it is unfortunate that watchdog groups have to bring suit in order to get the Water Board to abide by what the Clean Water Act requires of it,” said Bruce Reznik, Executive Director of LAW.
“While we prevailed in ensuring the Water Board fulfills its obligations under the Clean Water Act, we are disappointed by the dismissal of our plea to consider hydromodification (i.e., channelization) as an impairment itself when compiling its list of impaired waterways,” noted Grant Wilson, Directing Attorney at Earth Law Center. “Drained and fragmented waterways challenge species that are critical to our ecosystem, and those challenges will only intensify with the impacts of climate change. Our groups will continue working to ensure that the concretization that has devastated so many of our river systems in California is recognized for the negative impact it has on our environment and our communities and will work to restore them to healthy ecosystems.“
About California’s Integrated Report Process
California's Integrated Report process combines two reporting requirements, pursuant to sections 303(d) and 305(b) of the Clean Water Act. These requirements are also directly adopted into state law by the California Water Code. Section 303(d) requires states to undertake a process every two years to list waterways that are “impaired” if pollutants impact water uses, such as for drinking, swimming, fishing, and habitat. Such listings then trigger the development of clean-up plans. Currently, more than 40,000 miles (or about 20 percent) of California’s rivers and streams are classified as impaired by a variety of pollutants. Inclusion on the 303(d) list is often the first step towards development and implementation of remedial water quality plans. Section 305(b) includes a broader reporting requirement on the overall health of the state’s waterways, and is an important planning document, typically combined with the 303(d) list into an Integrated Report.
About the Plaintiffs
Earth Law Center (www.earthlawcenter.org) works to transform the law to recognize and protect nature’s inherent rights to exist, thrive and evolve. This includes advancing the inherent rights of rivers.
San Diego Coastkeeper (www.sdcoastkeeper.org) protects the region’s bays, beaches, watersheds and ocean for the people and wildlife that depend on them. Coastkeeper uses community outreach, education, and advocacy to promote stewardship of clean water and healthy coastal ecosystems.
Los Angeles Waterkeeper (www.lawaterkeeper.org) safeguards LA’s inland and coastal waters by enforcing laws and empowering communities.
The Global Alliance is a world-wide movement of individuals and organizations creating human communities that respect and defend the rights of Nature.
Join us and get back to what really matters.
Reclaiming Prosperity Through Nature's Rights
Why Rights of Nature?
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March 2025
- Mar 18, 2025 World Water Day Highlights Sacred Relationship with World-Renowned Elwha River Mar 18, 2025
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October 2024
- Oct 31, 2024 Victoria en segunda instancia: Sala Civil de Loreto ratifica sentencia que declara al río Marañón y sus afluentes como sujeto de derecho Oct 31, 2024
- Oct 31, 2024 Landmark Victory: Civil Court of Loreto Upholds Ruling Recognizing Rights of the Marañón River and Its Tributaries in Appellate Decision Oct 31, 2024
- Oct 2, 2024 New Report Champions Legal and Financial Support for Earth-Centered Laws and Governance Ahead of Biodiversity Negotiations in Cali, Colombia Oct 2, 2024
- August 2024
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June 2024
- Jun 19, 2024 PR: Earth Law Portal Launch Jun 19, 2024
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February 2024
- Feb 29, 2024 New Report from Earth Law Center Advocates for Ocean Justice in Global Plastics Treaty Feb 29, 2024
- November 2023
- May 2023
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March 2023
- Mar 15, 2023 The Rights of Nature movement continues to grow in the Pacific Northwest Mar 15, 2023
- Mar 15, 2023 PANAMA PASSES NATIONAL SEA TURTLE LAW RECOGNIZING THEIR RIGHTS Mar 15, 2023
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December 2022
- Dec 22, 2022 COP15: Landmark Biodiversity Deal Recognizes Rights of Nature is Vital to its Success Dec 22, 2022
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June 2022
- Jun 28, 2022 Biodiversity Treaty Increases Support for Rights of Mother Earth Jun 28, 2022
- Jun 11, 2022 Biodiversity Treaty Shows Renewed Support for the Rights of Nature Jun 11, 2022
- December 2021
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October 2021
- Oct 12, 2021 Mujeres Kukama dicen que su río Marañón es un ser vivo: Demanda pionera presentada en Perú Oct 12, 2021
- Oct 12, 2021 Kukama Women Say Their Marañón River is a Living Being: Groundbreaking Lawsuit Filed in Peru Oct 12, 2021
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September 2021
- Sep 20, 2021 Advocates at IUCN Congress Highlight a Wave of New Support for the Rights of Rivers Sep 20, 2021
- Sep 10, 2021 Rights of Nature a focus at the IUCN Congress Sep 10, 2021
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February 2021
- Feb 12, 2021 EARTH LAW CENTER TO PARTNER ON “INVISIBLE HAND” YOUTH INTERNATIONAL SCREENING Feb 12, 2021
- Feb 8, 2021 EARTH LAW CENTER APPOINTS TWO NEW BOARD DIRECTORS Feb 8, 2021
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September 2020
- Sep 25, 2020 Ceremony and Solidarity on 50th anniversary of orca's captivity Sep 25, 2020
- Sep 11, 2020 Coalition Submits Amicus Brief Urging Ecuador’s Constitutional Court to Make Landmark Rights of Nature Ruling in Los Cedros Case Sep 11, 2020
- Sep 2, 2020 Convention on Biodiversity Advances the Rights of Nature in Proposed Post-2020 Global Biodiversity Framework Sep 2, 2020
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June 2020
- Jun 10, 2020 Earth Law Center joins the fight to free orca from 50 year captivity and bring her home. Jun 10, 2020
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September 2019
- Sep 15, 2019 River Defenders Win Major Victory for California Waterways Sep 15, 2019
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June 2019
- Jun 27, 2019 Pronunciamiento en El Salvador considera que los bosques son entidades vivientes Jun 27, 2019
- Jun 6, 2019 Pronouncement in El Salvador Deems Forests to be Living Entities Jun 6, 2019
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May 2019
- May 23, 2019 Publisher Confirmed for First Earth Law Legal Textbook May 23, 2019
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April 2019
- Apr 3, 2019 Environmental Leaders in El Salvador Announce Campaign to Give Legal Rights to Natural Forests Apr 3, 2019
- Apr 3, 2019 Earth Law Center Launches Community Toolkit for Rights of Nature Apr 3, 2019