By Liz Kimbrough
Six grassroots environmental activists will receive the prestigious Goldman Environmental Prize in a virtual ceremony this year. Dubbed the "Green Nobel Prize," this award is given annually to environmental heroes from each of the world's six inhabited continents.
This year's winners include an Indigenous Mayan beekeeper who led a coalition to ban genetically modified soy in seven Mexican states, a French activist who pressured France's three largest banks to stop financing coal, a woman who harnessed youth activism to enact a ban on single-use plastics in the Bahamas, an Indigenous Waorani woman who organized legal action preventing oil extraction in a huge expanse of Amazon rainforest, an Indigenous Karen organizer who spearheaded the formation of the world's first peace park in an active conflict zone, and an activist who prevented the construction of what would have been the first coal-fired power plant in Ghana.
"These six environmental champions reflect the powerful impact that one person can have on many," John Goldman, president of the Goldman Environmental Foundation, said in a statement. "Even in the face of the unending onslaught and destruction upon our natural world, there are countless individuals and communities fighting every day to protect our planet. These are six of those environmental heroes, and they deserve the honor and recognition the Prize offers them — for taking a stand, risking their lives and livelihoods, and inspiring us with real, lasting environmental progress."
The prize ceremony, typically held in April each year was postponed due to the COVID-19 pandemic. This year's ceremony will take place virtually today, Nov. 30, at 4 p.m. PST and will be hosted by Sigourney Weaver, with musical appearances by Jack Johnson, Michael Franti, Danni Washington and Lenny Kravitz.
Here are the winners of the 2020 Goldman Environmental Prize:
Kristal Ambrose, the Bahamas
Kristal Ambrose. Goldman Environmental Prize
Kristal Ambrose started a youth movement that convinced the government of the Bahamas to enact a ban on single-use plastic bags, plastic cutlery, straws, and Styrofoam cups and containers.
Millions of tourists travel to the Bahamas each year to see the islands' famed beaches and diverse marine life. However, plastic waste has increasingly polluted beaches and coral reefs, harming marine life and the economy. Worldwide, at least 8 million tons of plastic end up in the ocean each year. By some estimates, more than half of all plastic produced are for single-use purposes.
Ambrose, a 29-year-old Bahamian woman, says she once witnessed the removal of plastic lodged internally in a sea turtle and, according to a statement, vowed, "I'll never drop a piece of plastic on the ground again." She went on to join an expedition to study the western garbage patch in the Pacific and, upon returning home, founded the Bahamas Plastic Movement in 2013. The goal: develop solutions and educate the youth. Ambrose created a free camp to train youth leaders and researchers who spent their days surveying beaches for plastic, measuring microplastics from boats, and dissecting fish to find plastic within.
Ambrose drafted legislation to ban single-use plastics on the islands and organized outreach and advocacy campaigns around the issue. In January 2018, Ambrose and students from her camp met with the environment minister to discuss the economic and environmental impacts of plastic waste. Three months later, the environment minister officially announced a ban on single-use plastic bags, straws, food utensils, and Styrofoam cups and containers. The ban was enacted in January this year.
Chibeze Ezekiel, Ghana
Chibeze Ezekiel. Goldman Environmental Prize
Chibeze Ezekiel led a four-year grassroots campaign to cancel the construction of the first coal-fired power plant in Ghana, changing the trajectory of Ghana's energy future.
Ghana has faced energy shortages and blackouts. Increasing droughts have made hydroelectric projects less reliable. Searching for solutions, the government of Ghana proposed the construction of a 700-megawatt coal-fired power plant and an industry-ready shipping port in Ekumfi district, a coastal fishing community where fresh water resources are limited.
Knowing that wastewater and mercury emissions from the coal plant could threaten the health and safety of the districts, Chibeze "Chi" Ezekiel, 40, got to work. As national coordinator of 350 Ghana Reducing Our Carbon and an experienced youth organizer, he launched an awareness campaign around the dangers of coal plants. When the coal company pitched the plant to local communities and community leaders, the latter were prepared to ask tough questions and provide contrary evidence to their claims.
In 2016, Ghana's environment minister announced the coal plant would not move forward, and in 2017 the country's president said all new power projects would be renewable energy-based. Ghana has now released a Renewable Energy Master Plan, signaling its commitment to a renewable energy future. Ezekiel's work prevented the coal industry from gaining access to Ghana, and he now works toward a cleaner energy future for the country.
Nemonte Nenquimo, Ecuador
Nemonte Nenquimo. Goldman Environmental Prize
Nemonte Nenquimo filed a lawsuit against the Ecuadoran government and successfully safeguarded 202,000 hectares of Indigenous territories and Amazon rainforest from oil exploration and extraction.
Nenquimo, 33, is an Indigenous Waorani woman from the Amazon Rainforest in Ecuador. In 2015, she co-founded an Indigenous-led coalition called the Ceibo Alliance and was elected president of an organization that represents the Waorani of Ecuador's Pastaza province.
Ecuador is among the most biodiverse places in the world, but its forests and people have been increasingly threatened by logging, road construction, oil exploration and other extractive industries. In 2018, in an effort to bring oil company investments into the nation, Ecuador's minister of hydrocarbons announced 2.8 million hectares (7 million acres) of land constituting primary rainforest would be auctioned off for oil concessions.
In 2019, Nenquimo and other Waorani leaders filed a lawsuit against three government ministries in Ecuador for falsely claiming they had consent from the Waorani to sell their lands at auction. She also bolstered Indigenous community independence by installing solar and rainwater catchment systems in villages and supporting cottage industries such as chocolate production. Nenquimo helped secure funds for Indigenous filmmakers to tell their stories and played a lead role in a community mapping project charting the Waoroni territory around 16 communities.
In April 2019, Nenquimo and the Waorani won the court case against the Ecuadoran ministries, and the ruling was upheld in the court of appeals, safeguarding 202,000 hectares of Indigenous territories and Amazon rainforest from oil exploration and extraction. This case set an important legal precedent for Indigenous rights in Ecuador.
Nenquimo was named one of TIME magazine's list of 100 most influential people of 2020, and continues to work as a leader of her people and the environmental movement in Ecuador.
Nemonte Nenquimo filed a lawsuit against the Ecuadoran government and successfully safeguarded 202,000 hectares of Indigenous territories and Amazon rainforest from oil exploration and extraction.
Nenquimo, 33, is an Indigenous Waorani woman from the Amazon Rainforest in Ecuador. In 2015, she co-founded an Indigenous-led coalition called the Ceibo Alliance and was elected president of an organization that represents the Waorani of Ecuador's Pastaza province.
Ecuador is among the most biodiverse places in the world, but its forests and people have been increasingly threatened by logging, road construction, oil exploration and other extractive industries. In 2018, in an effort to bring oil company investments into the nation, Ecuador's minister of hydrocarbons announced 2.8 million hectares (7 million acres) of land constituting primary rainforest would be auctioned off for oil concessions.
In 2019, Nenquimo and other Waorani leaders filed a lawsuit against three government ministries in Ecuador for falsely claiming they had consent from the Waorani to sell their lands at auction. She also bolstered Indigenous community independence by installing solar and rainwater catchment systems in villages and supporting cottage industries such as chocolate production. Nenquimo helped secure funds for Indigenous filmmakers to tell their stories and played a lead role in a community mapping project charting the Waoroni territory around 16 communities.
In April 2019, Nenquimo and the Waorani won the court case against the Ecuadoran ministries, and the ruling was upheld in the court of appeals, safeguarding 202,000 hectares of Indigenous territories and Amazon rainforest from oil exploration and extraction. This case set an important legal precedent for Indigenous rights in Ecuador.
Nenquimo was named one of Time magazine's list of 100 most influential people of 2020, and continues to work as a leader of her people and the environmental movement in Ecuador.
Leydy Pech, Mexico
Leydy Pech. Goldman Environmental Prize
Leydy Pech, a Mayan beekeeper, spearheaded a coalition that prevented Monsanto from planting genetically modified "Roundup ready" soybeans in seven states in southern Mexico.
Pech, a 55-year-old Indigenous woman from the state of Campeche in Mexico's Yucatán Peninsula, works with a rare, stingless, native bee species (Melipona beecheii) that has been cultivated by the Mayans since pre-Columbian times. Beekeeping is a key part of Mayan culture, and quite important economically. In Campeche, an estimated 25,000 families, many Indigenous, rely on the honey trade for their livelihoods, and Mexico is the sixth-largest producer of honey worldwide.
In 2012, after failing to consult with local and Indigenous communities, the Mexican government granted Monsanto permission to plant genetically modified soybeans in seven Mexican states, including Campeche. Pech formed a coalition of NGOs, beekeepers and activists who filed a lawsuit against the Mexican government. Her coalition advocated for research into the effects of the GM plots, resulting in evidence that GM soy pollen was present in local honey, and that glyphosate, a chemical best known from the widely used pesticide Roundup, was found in the water supply and urine of people in Pech's hometown of Hopelchén.
In 2015, the Supreme Court of Mexico ruled unanimously that Indigenous communities must be consulted before the planting of GM soy. Monsanto's permits were canceled in Campeche and Yucatán states. Further organizing by Pech led to Mexico's Food and Agricultural Service revoking Monsanto's permits to grow GM soy in seven states.
Lucie Pinson, France
Lucie Pinson. Goldman Environmental Prize
Lucie Pinson used a variety of methods to pressure banks and insurers to cease support of coal development. Now, 17 insurers and 22 global banks have pledged to no longer fund coal projects.
Nearly half of worldwide carbon dioxide emissions, as well many other harmful toxins, come from the burning coal. Yet new coal projects are still popping up, all of them reliant on financing from banks and investors. France's three largest banks gave out more than $32 billion in loans to coal companies between 2007 and 2013.
Lucie Pinson, a 36-year-old French climate activist, used a multifaceted approach to persuade French banks to stop investing in coal. As a campaigner for the Sunrise Movement, she and her team threatened the banks' reputations through media campaigns and handed out flyers to bank customers. Pinson cultivated relationships with journalists, making clear to them the links between French finance and coal through documentation. She also worked from within, purchasing shares in the banks so she could attend shareholder meetings and develop relationships with professionals within the banks.
Her work was fruitful. By 2017, none of the French banks were financing new coal projects. With that done, she focused on insurers of banks with similar tactics. Now, 17 insurers and 22 global banks have ceased support of coal development. Pinson is now working to stop all financial institutions from investing in coal.
Paul Sein Twa, Myanmar
Paul Sein Twa. Goldman Environmental Prize
Paul Sein Twa worked to establish a 546,000-hectare (1.35-million-acre) peace park to safeguard biodiversity and culture in the Salween River Basin in Myanmar, the first in a conflict zone.
Paul Sein Twa, 47, is a member of the Karen Indigenous group in Myanmar. The Karen sought independence from Myanmar (formerly known as Burma) after World War II, leading to what has been described as the world's longest ongoing civil war, displacing hundreds of thousands to camps along the Thai border.
The Salween River Basin, home to the Karen people, holds the longest dam-free river in Asia. This basin, largely undeveloped due to decades of conflict, is a biodiversity hotspot with large, intact teak forests home to iconic species such as tigers, clouded leopards, gibbons, sun bears, Asiatic black bears, and Sunda pangolins. Agribusiness, extractive industries, deforestation, and mining are on the rise in the region, and in 1998, a mega dam was proposed within the Karen territory in the Salween River Basin.
Sein Twa began exploring community-driven approaches to conservation and decided to work proactively to protect Karen territory by advocating for the creation of a transboundary protected area, also known as a peace park. He worked with NGOs, government and Karen civil society to rally support and to educate people from 348 villages about the process of forming the park. He also worked with the forest department in Karen state to transition forestry practices back to Indigenous methods and to map the territory to show Karen ownership of land.
The idea of the park gained widespread support, and in December of 2018, the 546,000-hectare Salween Peace Park was formed. It includes 27 community forests and three wildlife sanctuaries. It is the first peace park to be established in a conflict zone.
Sein Twa continues to work with communities in the still-volatile region to develop plans for land management, document changes in biodiversity, and resist development.
Reposted with permission from Mongabay.
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These longer periods of stratification could have "far-reaching implications" for lake ecosystems, the paper says, and can drive toxic algal blooms, fish die-offs and increased methane emissions.
The study, published in Nature Communications, finds that the average seasonal lake stratification period in the northern hemisphere could last almost two weeks longer by the end of the century, even under a low emission scenario. It finds that stratification could last over a month longer if emissions are extremely high.
If stratification periods continue to lengthen, "we can expect catastrophic changes to some lake ecosystems, which may have irreversible impacts on ecological communities," the lead author of the study tells Carbon Brief.
The study also finds that larger lakes will see more notable changes. For example, the North American Great Lakes, which house "irreplaceable biodiversity" and represent some of the world's largest freshwater ecosystems, are already experiencing "rapid changes" in their stratification periods, according to the study.
'Fatal Consequences'
As temperatures rise in the spring, many lakes begin the process of "stratification." Warm air heats the surface of the lake, heating the top layer of water, which separates out from the cooler layers of water beneath.
The stratified layers do not mix easily and the greater the temperature difference between the layers, the less mixing there is. Lakes generally stratify between spring and autumn, when hot weather maintains the temperature gradient between warm surface water and colder water deeper down.
Dr Richard Woolway from the European Space Agency is the lead author of the paper, which finds that climate change is driving stratification to begin earlier and end later. He tells Carbon Brief that the impacts of stratification are "widespread and extensive," and that longer periods of stratification could have "irreversible impacts" on ecosystems.
For example, Dr Dominic Vachon – a postdoctoral fellow from the Climate Impacts Research Centre at Umea University, who was not involved in the study – explains that stratification can create a "physical barrier" that makes it harder for dissolved gases and particles to move between the layers of water.
This can prevent the oxygen from the surface of the water from sinking deeper into the lake and can lead to "deoxygenation" in the depths of the water, where oxygen levels are lower and respiration becomes more difficult.
Oxygen depletion can have "fatal consequences for living organisms," according to Dr Bertram Boehrer, a researcher at the Helmholtz Centre for Environmental Research, who was not involved in the study.
Lead author Woolway tells Carbon Brief that the decrease in oxygen levels at deeper depths traps fish in the warmer surface waters:
"Fish often migrate to deeper waters during the summer to escape warmer conditions at the surface – for example during a lake heatwave. A decrease in oxygen at depth will mean that fish will have no thermal refuge, as they often can't survive when oxygen concentrations are too low."
This can be very harmful for lake life and can even increase "fish die-off events" the study notes.
However, the impacts of stratification are not limited to fish. The study notes that a shift to earlier stratification in spring can also encourage communities of phytoplankton – a type of algae – to grow sooner, and can put them out of sync with the species that rely on them for food. This is called a "trophic mismatch."
Prof Catherine O'Reilly, a professor of geography, geology and the environment at Illinois State University, who was not involved in the study, adds that longer stratified periods could also "increase the likelihood of harmful algae blooms."
The impact of climate change on lakes also extends beyond ecosystems. Low oxygen levels in lakes can enhance the production of methane, which is "produced in and emitted from lakes at globally significant rates," according to the study.
Woolway explains that higher levels of warming could therefore create a positive climate feedback in lakes, where rising temperatures mean larger planet-warming emissions:
"Low oxygen levels at depth also promotes methane production in lake sediments, which can then be released to the surface either via bubbles or by diffusion, resulting in a positive feedback to climate change."
Onset and Breakup
In the study, the authors determine historical changes in lake stratification periods using long-term observational data from some of the "best-monitored lakes in the world" and daily simulations from a collection of lake models.
They also run simulations of future changes in lake stratification period under three different emission scenarios, to determine how the process could change in the future. The study focuses on lakes in the northern hemisphere.
The figure below shows the average change in lake stratification days between 1900 and 2099, compared to the 1970-1999 average. The plot shows historical measurements (black), and the low emission RCP2.6 (blue), mid emissions RCP6.0 (yellow) and extremely high emissions RCP8.5 (red) scenarios.
Change in lake stratification duration compared to the 1970-1999 average, for historical measurements (black), the low emission RCP2.6 (blue) moderate emissions RCP6.0 (yellow) and extremely high emissions RCP8.5 (red). Credit: Woolway et al (2021).
The plot shows that the average lake stratification period has already lengthened. However, the study adds that some lakes are seeing more significant impacts than others.
For example, Blelham Tarn – the most well-monitored lake in the English Lake District – is now stratifying 24 days earlier and maintaining its stratification for an extra 18 days compared to its 1963-1972 averages, the study finds. Woolway tells Carbon Brief that as a result, the lake is already showing signs of oxygen depletion.
Climate change is increasing average stratification duration in lakes, the findings show, by moving the onset of stratification earlier and pushing the stratification "breakup" later. The table below shows projected changes in the onset, breakup and overall length of lake stratification under different emission scenarios, compared to a 1970-1999 baseline.
The table shows that even under the low emission scenario, the lake stratification period is expected to be 13 days longer by the end of the century. However, in the extremely high emissions scenario, it could be 33 days longer.
The table also shows that stratification onset has changed more significantly than stratification breakup. The reasons why are revealed by looking at the drivers of stratification more closely.
Warmer Weather and Weaker Winds
The timing of stratification onset and breakup in lakes is driven by two main factors – temperature and wind speed.
The impact of temperature on lake stratification is based on the fact that warm water is less dense than cool water, Woolway tells Carbon Brief:
"Warming of the water's surface by increasing air temperature causes the density of water to decrease and likewise results in distinct thermal layers within a lake to form – cooler, denser water settles to the bottom of the lake, while warmer, lighter water forms a layer on top."
This means that, as climate change causes temperatures to rise, lakes will begin to stratify earlier and remain stratified for longer. Lakes in higher altitudes are also likely to see greater changes in stratification, Woolway tells Carbon Brief, because "the prolonging of summer is very apparent in high latitude regions."
The figure below shows the expected increase in stratification duration from lakes in the northern hemisphere under the low (left), mid (center), and high (right) emission scenarios. Deeper colors indicate a larger increase in stratification period.
Expected increase in stratification duration in lakes in the northern hemisphere under the low (left), mid (centre) and high (right) emissions scenarios. Credit: Woolway et al (2021).
The figure shows that the expected impact of climate change on stratification duration becomes more pronounced at more northerly high latitudes.
The second factor is wind speed, Woolway explains:
"Wind speed also affects the timing of stratification onset and breakdown, with stronger winds acting to mix the water column, thus acting against the stratifying effect of increasing air temperature."
According to the study, wind speed is expected to decrease slightly as the planet warms. The authors note that the expected changes in near-surface wind speed are "relatively minor" compared to the likely temperature increase, but they add that it may still cause "substantial" changes in stratification.
The study finds that air temperature is the most important factor behind when a lake will begin to stratify. However, when looking at stratification breakup, it finds that wind speed is a more important driver.
Meanwhile, Vachon says that wind speeds also have implications for methane emissions from lakes. He notes that stratification prevents the methane produced on the bottom of the lake from rising and that, when the stratification period ends, methane is allowed to rise to the surface. However, according to Vachon, the speed of stratification breakup will affect how much methane is released into the atmosphere:
"My work has suggested that the amount of accumulated methane in bottom waters that will be finally emitted is related to how quickly the stratification break-up occurs. For example, a slow and progressive stratification break-up will most likely allow water oxygenation and allow the bacteria to oxidise methane into carbon dioxide. However, a stratification break-up that occurs rapidly – for example after storm events with high wind speed – will allow the accumulated methane to be emitted to the atmosphere more efficiently."
Finally, the study finds that large lakes take longer to stratify in spring and typically remain stratified for longer in the autumn – due to their higher volume of water. For example, the authors highlight the North American Great Lakes, which house "irreplaceable biodiversity" and represent some of the world's largest freshwater ecosystems.
These lakes have been stratifying 3.5 days earlier every decade since 1980, the authors find, and their stratification onset can vary by up to 48 days between some extreme years.
O'Reilly tells Carbon Brief that "it's clear that these changes will be moving lakes into uncharted territory" and adds that the paper "provides a framework for thinking about how much lakes will change under future climate scenarios."
Reposted with permission from Carbon Brief.
Currently the U.S. Supreme Court has on its docket a case between Texas, New Mexico and Colorado and another one between Mississippi and Tennessee. The court has already ruled this term on cases pitting Texas against New Mexico and Florida against Georgia.
Climate stresses are raising the stakes. Rising temperatures require farmers to use more water to grow the same amount of crops. Prolonged and severe droughts decrease available supplies. Wildfires are burning hotter and lasting longer. Fires bake the soil, reducing forests' ability to hold water, increasing evaporation from barren land and compromising water supplies.
As a longtime observer of interstate water negotiations, I see a basic problem: In some cases, more water rights exist on paper than as wet water – even before factoring in shortages caused by climate change and other stresses. In my view, states should put at least as much effort into reducing water use as they do into litigation, because there are no guaranteed winners in water lawsuits.
Alabama, pay attention to Supreme Court ruling against Florida in water war #Water #SDG6 https://t.co/wIjdoY6Ccr— Noah J. Sabich (@Noah J. Sabich)1617800452.0
Dry Times in the West
The situation is most urgent in California and the Southwest, which currently face "extreme or exceptional" drought conditions. California's reservoirs are half-empty at the end of the rainy season. The Sierra snowpack sits at 60% of normal. In March 2021, federal and state agencies that oversee California's Central Valley Project and State Water Project – regional water systems that each cover hundreds of miles – issued "remarkably bleak warnings" about cutbacks to farmers' water allocations.
The Colorado River Basin is mired in a drought that began in 2000. Experts disagree as to how long it could last. What's certain is that the "Law of the River" – the body of rules, regulations and laws governing the Colorado River – has allocated more water to the states than the river reliably provides.
The 1922 Colorado River Compact allocated 7.5 million acre-feet (one acre-foot is roughly 325,000 gallons) to California, Nevada and Arizona, and another 7.5 million acre-feet to Utah, Wyoming, Colorado and New Mexico. A treaty with Mexico secured that country 1.5 million acre-feet, for a total of 16.5 million acre-feet. However, estimates based on tree ring analysis have determined that the actual yearly flow of the river over the last 1,200 years is roughly 14.6 million acre-feet.
The inevitable train wreck has not yet happened, for two reasons. First, Lakes Mead and Powell – the two largest reservoirs on the Colorado – can hold a combined 56 million acre-feet, roughly four times the river's annual flow.
But diversions and increased evaporation due to drought are reducing water levels in the reservoirs. As of Dec. 16, 2020, both lakes were less than half full.
Second, the Upper Basin states – Utah, Wyoming, Colorado and New Mexico – have never used their full allotment. Now, however, they want to use more water. Wyoming has several new dams on the drawing board. So does Colorado, which is also planning a new diversion from the headwaters of the Colorado River to Denver and other cities on the Rocky Mountains' east slope.
Drought conditions in the continental U.S. on April 13, 2021. U.S. Drought Monitor, CC BY-ND
Utah Stakes a Claim
The most controversial proposal comes from one of the nation's fastest-growing areas: St. George, Utah, home to approximately 90,000 residents and lots of golf courses. St. George has very high water consumption rates and very low water prices. The city is proposing to augment its water supply with a 140-mile pipeline from Lake Powell, which would carry 86,000 acre-feet per year.
Truth be told, that's not a lot of water, and it would not exceed Utah's unused allocation from the Colorado River. But the six other Colorado River Basin states have protested as though St. George were asking for their firstborn child.
In a joint letter dated Sept. 8, 2020, the other states implored the Interior Department to refrain from issuing a final environmental review of the pipeline until all seven states could "reach consensus regarding legal and operational concerns." The letter explicitly threatened a high "probability of multi-year litigation."
Utah blinked. Having earlier insisted on an expedited pipeline review, the state asked federal officials on Sept. 24, 2020 to delay a decision. But Utah has not given up: In March 2021, Gov. Spencer Cox signed a bill creating a Colorado River Authority of Utah, armed with a $9 million legal defense fund, to protect Utah's share of Colorado River water. One observer predicted "huge, huge litigation."
How huge could it be? In 1930, Arizona sued California in an epic battle that did not end until 2006. Arizona prevailed by finally securing a fixed allocation from the water apportioned to California, Nevada and Arizona.
Litigation or Conservation
Before Utah takes the precipitous step of appealing to the Supreme Court under the court's original jurisdiction over disputes between states, it might explore other solutions. Water conservation and reuse make obvious sense in St. George, where per-person water consumption is among the nation's highest.
St. George could emulate its neighbor, Las Vegas, which has paid residents up to $3 per square foot to rip out lawns and replace them with native desert landscaping. In April 2021 Las Vegas went further, asking the Nevada Legislature to outlaw ornamental grass.
The Southern Nevada Water Authority estimates that the Las Vegas metropolitan area has eight square miles of "nonfunctional turf" – grass that no one ever walks on except the person who cuts it. Removing it would reduce the region's water consumption by 15%.
Water rights litigation is fraught with uncertainty. Just ask Florida, which thought it had a strong case that Georgia's water diversions from the Apalachicola-Chattahoochee-Flint River Basin were harming its oyster fishery downstream.
That case extended over 20 years before the U.S. Supreme Court ended the final chapter in April 2021. The court used a procedural rule that places the burden on plaintiffs to provide "clear and convincing evidence." Florida failed to convince the court, and walked away with nothing.
Robert Glennon is a Regents Professor and Morris K. Udall Professor of Law & Public Policy, University of Arizona.
Disclosure statement: Robert Glennon received funding from the National Science Foundation in the 1990s and 2000s.
Reposted with permission from The Conversation.