The best of EcoWatch, right in your inbox. Sign up for our email newsletter!
Should Nature Be Given Rights Enshrined in Law?
"We see ourselves not as an owner of wild rice but a symbiotic partner and a parallel entity from the Creator," says Frank Bibeau, a lawyer from the Anishinaabe indigenous group in the U.S. and Canada.
Harvesters use flailing sticks to beat the wild rice — or manoomin, by its Anishinaabe name — and release grain into the air. "A good portion of the rice gets sent out in all directions to reseed the rice. Maybe half of it or a little more falls into the canoe for food," Bibeau explains. "So we are part of the natural reseeding process ourselves."
Seeking ways to block an oil pipeline through the Great Lakes ecosystem where his people and the rice have thrived together for generations, Bibeau designed legislation granting wild rice its own rights under tribal law.
According to the Community Environmental Legal Defense Fund (CELDF) that advised Bibeau on the legislation, manoomin is the first plant in the world to be granted rights. But it joins a growing number of rivers, forests, and characterizations of nature as a whole, that are protected by "rights of nature" laws around the world.
Indigenous Approaches Written Into Law
"Conventional environmental laws are really about regulating how we use nature," says Mari Margil of CELDF. "The consequences of that have been so devastating that people in different parts of the world are saying we need to make a fundamental shift in our relationship with nature."
With the idea that indigenous peoples are the most reliable custodians of our planet now repeated by politicians and environmental NGOs alike, giving nature rights suggests a way their approaches might be adopted by broader society.
It was in this spirit that Ecuador became the first country to enshrine the rights of nature — personified as Pachamama, the Andean earth goddess — in its constitution, in 2008.
A Healthier Relationship With Nature?
Asserting that nature has intrinsic rights isn't just a legal tool to prosecute polluters. It also challenges the "ecosystem services" approach to environmental protection that costs up the economic value of clean air, water and biodiversity — and even the concept of conservation areas.
As a national park, land surrounding the Whanganui River in New Zealand was off limits to the Iwi Maori tribe who had hunted and fished there sustainably for generations. In 2017, the dispute was resolved by making the river a person in its own right, owned by neither the state nor the tribe.
Maori law professor Jacinta Ruru sees it as a major breakthrough that New Zealand law now reflects the relationship the country's indigenous people have with the environment — one that sees no division between what's good for people and the planet.
"My tribe — we'll talk about your veins in your arms as being like the riverways of the land," explains Ruru. "So you're seeing the health and wellbeing of who you are as a person, your health, your own happiness, as entirely connected with the health and wellbeing of the environment around us."
Ruru says it's too soon to judge the ecological impact of the Whanganui River's change of status. And it remains to be seen if the Rights of Manoomin will be any match for the interests invested in the pipeline.
In Ecuador's case, the new constitution has been used to block plantations and road-building that threatened forest, but it hasn't proved enough to transform an entire system geared toward economic development; cases brought by indigenous activists have ended in Pachamama's rights being trumped by those of businesses.
Critics also point out that making rivers and forests honorary people owes less to any indigenous deification of nature than to the Western rights discourse.
"There is a strategic relationship between indigenous communities and the rights of nature," says Mihnea Tanasescu, a political scientist who authored a book on the subject in Ecuador, "but there is not necessarily an intrinsic philosophical affinity, because rights are a very Western legal category."
Michelle Maloney of the Australian Earth Laws Alliance is developing legislation based on Aboriginal traditions that ground all law in relationships to the land. She says nature rights are a way for different cultural perspectives to work together.
"The legal personhood argument is getting traction around the world," she says, because "the average Westerner-lawyer type understands it as a construct."
The Ganges and Yamuna rivers now have legal personhood, as do each of Bangladesh's hundreds of rivers. The Colombian judiciary, meanwhile, has repeatedly ruled that the rights of rivers of forests had been violated by pollution and logging.
These laws draw on specific local indigenous ideas. Yet a single U.S.-based organization, CELDF, has been instrumental in drafting nature rights legislation around the world.
CELDF worked on the world's first rights of nature law — a local ordinance to stop toxic waste dumping in Pennsylvania — in 2006, and Margil says close to 40 nature rights bills have now been passed in the U.S. Many are brought by activists with no indigenous ties frustrated by a legal system that doesn't recognize damage to nature as a crime until it affects human health or livelihoods.
Last year, one such case made international headlines. Residents of Toledo, a city on the shores of heavily polluted Lake Erie in the U.S. state of Ohio, voted to give the lake rights. A local farm responded by filing a lawsuit claiming this violated the rights of agribusinesses.
Since the bill was more or less quashed by Ohio state legislature, activists are fighting to revive it from legal limbo. But if nothing else, their struggle has drawn attention to the priorities of a legal system that treats nature as property but corporations as legal persons.
"Often people just don't think about these invisible systems that govern our world," Maloney says. "So as a starting point — and a conversation- and discourse-changer — the rights of nature is very powerful."
Reposted with permission from Deutsche Welle.
- These Two Rivers Were Just Given the Same Legal Rights as Humans ›
- The Battle for Rights of Nature Heats Up in the Great Lakes ... ›
- In 'Historic Vote,' Ohio City Residents Grant Lake Erie Legal Rights ... ›
EcoWatch Daily Newsletter
In a dramatic rescue captured on camera, a Florida man ran into a pond and pried open an alligator's mouth in order to rescue his beloved puppy, all without dropping his cigar.
- 'He had green eyes': Florida man will paint alligator that attacked him ›
- Florida alligator attack: A woman was attacked by a 10-foot alligator ... ›
- Weird presidential pets include alligator, tiger cub, dog named Satan ... ›
- Alligators make terrible pets: 'You're basically dealing with a dinosaur.' ›
Jean-Marc Neveu and Olivier Civil never expected to find themselves battling against disposable mask pollution.
When they founded their recycling start-up Plaxtil in 2017, it was textile waste they set their sights on. The project developed a process that turned fabrics into a new recyclable material they describe as "ecological plastic."
Mounting Piles of Waste<p>It is not only the streets of Chatellerault where pandemic pollution is piling-up, but also the world's beaches and oceans. Once there, they can take up to 450 years to degrade and disappear.</p><p>Esther Röling, co-organizer of the annual Adventure Clean Up Challenge held on Hong Kong Island, has seen this waste firsthand. In October the sports challenge pitted teams against one another in a competition to remove trash from 13 hard-to-reach coastal areas around the city.</p><p>They find tons of both disposable and reusable masks, said Röling. "You wonder how it ended up there. Was it just thrown on the ground? Or was it in a garbage bag that broke open?"</p><p>Almost 10,000 kilometers away in Antibes on the sunny French Riviera, it's a similar picture. For the past few months, divers and clean-up volunteers working with an ocean clean-up non-profit called Operation Mer Propre have been collecting an increasing number of masks found on land and in the sea.</p><p>"Since the beginning of the lockdown when we started to count, we've reached 800, 900, [and now in total] 1000 masks," said co-founder Joko Peltier. </p><p>According to <a href="https://unctad.org/news/growing-plastic-pollution-wake-covid-19-how-trade-policy-can-help" target="_blank">UN estimates</a>, up to 75% of all coronavirus-related plastic could end up as waste in oceans and landfills.</p>
The Limits of Recycling<p>Yet not all are convinced the recycling of this waste is possible on a global scale. </p><p>"What those citizen groups are doing is really beneficial but once they collect it, it should just go to a landfill or an incinerator. They shouldn't necessarily expect it to get recycled," said Jonathan Krones, an industrial ecologist and visiting assistant professor of environmental studies at Boston College.</p><p>That's because mask recycling programs like Plaxtil are few and far between and most don't have the benefit of a readily adaptable production process. </p><p>Even in countries with solid recycling infrastructure, he says, the system is designed to separate out specific types of waste like bottles or cardboard.</p><p>"I imagine that it would be technically feasible to develop a separation process to filter out masks, but there simply aren't enough of them to make that economical," he said.</p><p>Collection is a big hurdle, he adds. Since each mask only weighs a fraction of a gram and they're scattered on roads or mixed with other trash, it is difficult and costly. </p><p>"You need a lot of raw material of the right quality to make investing in the recycling technology and the recycling system worthwhile," he said.<span></span><br></p>
Hemp, Sugar Cane and Sustainable Alternatives<p>Some projects are instead addressing the material used to make masks.</p><p>French company Geochanvre have created a mask made primarily from hemp, while in Australia, researchers at the Queensland University of Technology are experimenting with a disposable product made from agricultural waste. </p><p>Biodegradable options are exciting alternatives to reduce the fossil fuels needed for the creation of plastic-based masks, said Krones, but they don't absolve the wearer from the responsibility of what happens afterwards. </p><p>Bio-based masks often need their own composing solutions, he explains, because in landfill they can produce high amounts of the greenhouse gas methane when anaerobic bacteria feeds on the organic material. Methane is known to be significantly more potent than carbon dioxide.</p><p>"I think as long as we have in our mind that we want to have disposability, we're going to have to wrestle with a variety of different sorts of environmental tradeoffs," he said, adding that reusable, fabric masks are the best option available to most people.</p><p>Precimask is developing a clear face covering with an optional visor made from hard plastic, designed to be long-lasting.<br></p><p>Air enters either side of the cheeks through a technology normally found in pool filters and car exhaust systems, said company spokeswoman Juliette Chambet.</p><p>"We wanted to make ceramic-based filters that would be washable and cleanable, which would allow them to be reused as many times as desired without having to buy a new consumable or produce waste," she said. </p><p>Ultimately, encouraging mask wearers to think about the entire lifecycle of a mask is key, explains Neveu. </p><p>"We want people who put on the masks to realize that they are also responsible for the waste, he said. "It's not inevitable that this [pandemic] will become an environmental catastrophe.</p><p><em>Reposted with permission from </em><em><a href="https://www.dw.com/en/covid-19-recycling-pollution-trash-pandemic/a-55707817" target="_blank">Deutsche Welle</a>.</em><a href="https://www.ecowatch.com/r/entryeditor/2649032193#/" target="_self"></a></p>
- Coronavirus Plastic Waste Polluting the Environment - EcoWatch ›
- Scuba Divers Make Face Masks out of Recycled Ocean Plastic ... ›
By Bret Wilkins
In a year in which the United States has already suffered 16 climate-driven extreme weather events causing more than $1 billion in economic damages, and as millions of American workers face loss of essential unemployment benefits due to congressional inaction, a report published Monday reveals the Trump administration has given fossil fuel companies as much as $15.2 billion in direct relief — and tens of billions more indirectly — through federal COVID-19 recovery programs since March.
- 'We Need People's Bailout, Not Polluters' Bailout': Climate Groups ... ›
- Corporate Polluters Have Received Tens of Millions in PPP Loans ... ›
- Trump Bails Out Oil Industry, Not U.S. Families, as Coronavirus ... ›
- Former Federal Reserve Governor Rebukes Fed for Fossil Fuel Bail ... ›
By Ashia Aubourg
As Thanksgiving approaches, some Indigenous organizations and activists caution against perpetuating further injustices towards Native communities. Indigenous activist Mariah Gladstone, for example, encourages eaters to celebrate the harvest time in ways that do not involve stereotypes and pilgrim stories.
- Why Face Masks Belong at Your Thanksgiving Gathering + 7 Things ... ›
- Reasons to Be Thankful — 8 Food and Farm 'Good News' Stories ... ›
- Why I'm Going to Standing Rock for Thanksgiving - EcoWatch ›
By Alex Middleton
Losing weight and reducing fat is a hard battle to fight. Thankfully, there are fat burner supplements that help you gain your target body and goal. However, how would you know which supplement is right for you?