Global Alliance for the Rights of Nature (GARN)’s Post

This is why "rights of nature" work needs to be about LAWMAKING and not non-binding RESOLUTIONS, otherwise, any government can simply REVERSE themselves on a whim. "Rights" are about rights in LAW, not just a "wouldn't rights of nature be nice to have." The residents of Nederland should be pissed off, and should put a rights of nature LAW on the ballot and vote on it; to reverse what the Council did. Rights of nature work is about LEGAL RIGHTS, making new LAWS, not nibbling around the edges of existing law without changing it. Nonbinding resolutions, unless they lead to actual LAWS actually UNDERMINE the work that needs to be done. https://lnkd.in/gwubiVx8

The new "How We Survive” podcast 🎙 from Marketplace by APM explores the movement to give a legal voice to rivers 🌊 🔊 . My friend & colleague Gary Wockner, a thought leader in this space, is featured amongst other experts. At one point, the conversation delves into the pros and cons of a softer, incremental approach to the rights of rivers versus a more aggressive strategy, particularly for local governments in the United States. When local U.S. governments inquire, I often suggest milder rights of rivers resolutions or ordinances that are less likely to be overturned due to preemptive state or federal laws or other challenges associated with a more aggressive approach. Some have thought this approach is too slow or incremental, but I don’t think so when seen as part of a comprehensive roadmap, which might look like this: 1) Local governments acknowledge the rights of rivers and watersheds, fostering cultural change, awareness, and the opportunity to align local policies and programs with Rights of Nature principles—without attempting to supersede the state/federal regulatory system, avoiding preemption issues. 2) Local governments commit to giving a formal voice to rivers & watersheds, possibly through legal guardianship bodies or an ombudsperson, making Nature an active member of the community expressing its own interests. 3) Local governments advocate for state (or federal) support the rights of rivers and watershed, which can lead to a broader framework that addresses preemption issues. The big win in Held v. Montana, upholding human environmental rights & rights of future generations, underscores the power of rights-based movements at the state level. 4) With increased state recognition of the rights of rivers and watersheds, local governments will be prepared with robust institutions, public awareness, and a culture of respect for Nature. (Local governments could also consider "trigger laws" where strong Rights of Nature frameworks automatically take effect at a later appropriate time.) I also typically recommend pursuing other transformative legal frameworks in the United States concurrently with Rights of Nature. These might include the public trust doctrine, the rights of future generations, human environmental rights, and the broader category of "Nature governance" (incorporating Nature consciousness into decision-making). It is good to diversity. There is a ton more to say here & I'm interested in what others think! Link here: https://lnkd.in/gdRRTWvj #EarthLaw #RightsofNature #WildLaw #RightsofRivers #EnvironmentalLaw #CleanWater #ColoradoRiver Earth Law Center

🌿 The Rise of Nature's Rights: A Legal Revolution 🌍 In a groundbreaking shift, countries like Panama, Ecuador, and Bolivia are pioneering legislation that grants nature the same legal rights as humans. This movement, fueled by the tireless efforts of individuals like marine biologist Callie Veelenturf, aims to protect entire ecosystems rather than just limiting human exploitation. Panama's recent application of its nature rights law to halt a major copper mine project is a testament to the power and potential of such legal frameworks. This approach goes beyond traditional environmental protections, advocating for the inherent right of nature to exist and flourish without exploitation. As this concept gains traction globally, with local communities in the United States and court rulings in India beginning to recognize nature's legal rights, it's clear that we're on the cusp of a legal revolution. This new paradigm prioritizes ecosystem needs over human demands, offering a bold and necessary alternative to our current interaction with the natural world. The success of these initiatives underscores the urgent need for a shift in how we perceive and interact with our environment. It's time to embrace this innovative legal approach to safeguard our planet for future generations. Check out the full article at: https://lnkd.in/enGdvwcJ #NatureRights #EnvironmentalLaw #SustainableFuture #LegalRevolution #EcosystemProtection

“That was only the beginning. Since the Dakota Access Pipeline conflict, 17 states have passed laws aimed at restricting protests, according to the International Center for Not-for-Profit Law (ICNL). Much of that legislation is aimed specifically at environmental protests, raising the penalties for gatherings that take place on "critical infrastructure" sites like pipelines. "This has been an ongoing trend since 2017," said Nicholas Robinson, a senior legal adviser with the ICNL's US program, which has been tracking the spread of these laws out of concern that they infringe on free-speech rights.” Please read whole article for more information on laws which are being introduced which may reduce the freedoms we have to assemble and criticize when the government endangers the population by protecting corporate energy interests against the will of the population. It’s mind boggling that the legislators could be sitting around writing unconstitutional policies rather than holding energy companies accountable for aging, poorly maintained infrastructure that they claim they want to preserve against people (rather than against time and poor management). #energy #policy #freedom #environment

On November 28, 2023, Panama’s Supreme Court unanimously ruled the Cobré Panamá copper mine unconstitutional, following weeks of nationwide protests. The Court’s decision references the national Rights of Nature law, Law 287, passed in February 2022, among its rationale for ruling against the mine. The ruling represents a landmark victory for the burgeoning Rights of Nature movement, which seeks to recognize that Nature has basic rights under the law, just as humans do. #rightsofnature #climateaction #relationalvalues #oneworld https://lnkd.in/gQF97Vyn

“At a broader level, it is a warning to all lawyer activists that corporates won’t cavil at going after them – as has been the case in America for decades. It is perhaps no coincidence that Santos is being represented by Quinn Emanuel, the litigation powerhouse based in the USA (and with offices here).” Precisely. When a multibillion dollar gas company hires a multibillion dollar US law firm to go after Australian environmental charities for costs, we have to ask why. The goal in these types of cases is not always costs recovery per se. It’s often something broader, as Perry points out. Public interest lawyering is about providing access to justice where government or private practice lawyers can’t assist. Public interest lawyers practice in human rights, consumer rights, tenants rights, workers rights, immigration, First Nations rights, environmental rights, the list goes on… Often, public interest lawyers will look at issues that affect their clients and advocate for systemic change. Corporate lawyers do that too. Taking down public interest lawyers doesn’t make for a better justice system. It makes for an elitist one. We urgently need federal laws that protect against Strategic Litigation Against Public Participation (SLAPPs), to ensure the law is accessible to all.

The FEMA Civil Rights Summit – 4.0 Advancing Environmental Justice November 1, 2023 - November 2, 2023 / 12:00 p.m. EDT - 5:00 p.m. EDT This year’s summit will focus on civil rights topics, including environmental justice, accessibility, and equity. The primary goal of the event is to foster dialogue and partnerships through engagement with members of the public, advocates, community allies, and civil rights organizations, as well as FEMA’s state, local, Tribal, and territorial partners. There will be an emphasis on the impact of environmental issues on protected groups, intersectionality, and initiatives to incorporate and support environmental justice within emergency management. Details at https://lnkd.in/ge9ExMAX

"Thursday Thoughts" is posted at TheWesternWord.com. Here are the topics for today’s commentary: -Sheehy’s Newest Problem -Constitutional Initiatives -VA Facilities Fly the Pride Flag

Youths and nonprofit in Montana (USA) win climate case brought against the government <<Our Children’s Trust’s approach has been able to frame legal arguments around constitutional rights, human rights, and the public trust doctrine, a legal principle that requires states to manage certain natural resources, like rivers and lakes, for the benefit of the public.>> #climatejustice #youthempowerment #future https://lnkd.in/d7fypq9R

The availability and use of water are determined by a complicated and heady mix of public policy, federal law and regulation, and state law. Join us in San Francisco or virtually on Oct. 23 to hear our panel of experts discuss the complex history of water history in California, efforts to restore the San Joaquin River, and how despite the complex overlapping jurisdictional issues at play, there may be some more innovative water policy models that could lead to more progress. Register here! https://lnkd.in/gEAiAvGE WHEN: October 23 | 5:00 PM Pacific WHERE: Public Policy Institute of California at 500 Washington St., San Francisco & virtually over Zoom #NinthCircuit #HistoricalSociety #History #LegalHistory #Law #Judges #IlluminatingHistory #PreservingHistory #ContinuingEducation #LegalEducation #CLEcredit #MCLE #ContinuingLegalEducation #education #discussion #panel #learning #webinar #online #virtual