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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.
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By Shelly Miller
The vast majority of SARS-CoV-2 transmission occurs indoors, most of it from the inhalation of airborne particles that contain the coronavirus. The best way to prevent the virus from spreading in a home or business would be to simply keep infected people away. But this is hard to do when an estimated 40% of cases are asymptomatic and asymptomatic people can still spread the coronavirus to others.
It’s All About Fresh, Outside Air<p>The safest indoor space is one that constantly has lots of <a href="https://www.epa.gov/indoor-air-quality-iaq/how-does-outdoor-air-enter-building" target="_blank">outside air</a> replacing the stale air inside.</p><p>In commercial buildings, <a href="https://www.ncbi.nlm.nih.gov/books/NBK143277/" target="_blank">outside air is usually pumped in</a> through heating, ventilating and air-conditioning (HVAC) systems. In <a href="https://www.epa.gov/indoor-air-quality-iaq/how-does-outdoor-air-enter-building" target="_blank">homes, outside air gets in</a> through open windows and doors, in addition to seeping in through various nooks and crannies.</p><p>Simply put, the more fresh, outside air inside a building, the better. Bringing in this air dilutes any contaminant in a building, whether a virus or a something else, and <a href="https://doi.org/10.1111/j.1600-0668.2010.00703.x" target="_blank">reduces the exposure of anyone inside</a>. Environmental engineers like me quantify how much outside air is getting into a building using a measure called the <a href="https://doi.org/10.1038/jes.2013.30" target="_blank">air exchange rate</a>. This number quantifies the number of times the air inside a building gets replaced with air from outside in an hour.</p><p>While the exact rate depends on the number of people and size of the room, most experts consider roughly <a href="https://doi.org/10.1034/j.1600-0668.2002.01145.x" target="_blank">six air changes an hour</a> to be good for a 10-foot-by-10-foot room with three to four people in it. In a pandemic this should be higher, with one study from 2016 suggesting that an exchange rate of nine times per hour <a href="https://doi.org/10.1177%2F1420326X16631596" target="_blank">reduced the spread of SARS, MERS and H1N1</a> in a Hong Kong hospital.</p><p>Many buildings in the U.S., <a href="https://doi.org/10.1111/ina.12403" target="_blank">especially schools</a>, do not meet recommended ventilation rates. Thankfully, it can be pretty easy to get more outside air into a building. Keeping <a href="https://doi.org/10.1016/S0960-1481(99)00012-9" target="_blank">windows and doors open</a> is a good start. Putting a box fan in a window blowing out can greatly increase air exchange too. In buildings that don't have operable windows, you can change the mechanical ventilation system to increase how much air it is pumping. But in any room, the more people inside, the faster the air should be replaced.</p>
Using CO2 to Measure Air Circulation<p>So how do you know if the room you're in has enough air exchange? It's actually a pretty hard number to calculate. But there's an easy-to-measure proxy that can help. Every time you exhale, you <a href="https://doi.org/10.1111/ina.12383" target="_blank">release CO2</a> into the air. Since the coronavirus is most often spread by breathing, coughing or talking, you can use <a href="https://pdfs.semanticscholar.org/dd7e/b2870c38f70e5285e5118ed6f158c091f7cf.pdf" target="_blank">CO2 levels</a> to see if the room is filling up with potentially infectious exhalations. The CO2 level lets you estimate if enough fresh outside air is getting in.</p><p>Outdoors, CO2 levels are just above 400 parts per million (ppm). A well ventilated room will have around <a href="https://doi.org/10.1111/j.1600-0668.1999.00003.x" target="_blank">800 ppm of CO2</a>. Any higher than that and it is a sign the room might need more ventilation.</p><p>Last year, researchers in Taiwan reported on the <a href="https://doi.org/10.1111/ina.12639" target="_blank">effect of ventilation on a tuberculosis outbreak</a> at Taipei University. Many of the rooms in the school were underventilated and had CO2 levels above 3,000 ppm. When engineers improved air circulation and got CO2 levels under 600 ppm, <a href="https://doi.org/10.1111/ina.12639" target="_blank">the outbreak completely stopped</a>. According to the research, the increase in ventilation was responsible for 97% of the decrease in transmission.</p><p>Since the coronavirus is spread through the air, higher CO2 levels in a room likely mean there is a <a href="https://doi.org/10.1111/ina.12639" target="_blank">higher chance of transmission</a> if an infected person is inside. Based on the study above, I recommend trying to keep the CO2 levels below 600 ppm. You can buy <a href="https://doi.org/10.5194/amt-7-3325-2014" target="_blank">good CO2 meters</a> for around $100 online; just make sure that they are accurate to within 50 ppm.</p>
Air Cleaners<p>If you are in a room that can't get enough outside air for dilution, consider an air cleaner, also commonly called air purifiers. These machines remove particles from the air, usually using <a href="https://doi.org/10.1016/j.cap.2005.07.013" target="_blank">a filter</a> made of tightly woven fibers. They can <a href="https://shellym80304.files.wordpress.com/2020/06/miller-leiden-et-al-1996.pdf" target="_blank">capture particles containing bacteria and viruses</a> and can help reduce disease transmission.</p><p>The U.S. Environmental Protection Agency says that <a href="https://www.epa.gov/coronavirus/air-cleaners-hvac-filters-and-coronavirus-covid-19" target="_blank">air cleaners can do this for the coronavirus</a>, but not all air cleaners are equal. Before you go out and buy one, there are few things to keep in mind.</p><p>The first thing to consider is <a href="https://shellym80304.files.wordpress.com/2020/06/air-cleaner-report.pdf" target="_blank">how effective an air cleaner's filter is</a>. Your best option is a cleaner that uses a high-efficiency particulate air (<a href="https://doi.org/10.1016/S0021-8502(05)80214-9" target="_blank">HEPA</a>) filter, as these remove more than <a href="https://doi.org/10.1063/1.2771421" target="_blank">99.97% of all particle sizes</a>.</p><p>The second thing to consider is how powerful the cleaner is. The bigger the room – or the more people in it – the more air needs to be cleaned. I worked with some colleagues at Harvard to put together a tool to help teachers and schools determine <a href="https://docs.google.com/spreadsheets/d/1NEhk1IEdbEi_b3wa6gI_zNs8uBJjlSS-86d4b7bW098/edit#gid=1275403500" target="_blank">how powerful of an air cleaner you need for different classroom sizes</a>.</p><p>The last thing to consider is the validity of the claims made by the company producing the air cleaner.</p><p>The Association of Home Appliance Manufacturers certifies air cleaners, so the AHAM Verifide seal is a good place to start. Additionally, the California Air Resources Board has a <a href="https://ww2.arb.ca.gov/our-work/programs/air-cleaners-ozone-products/california-certified-air-cleaning-devices" target="_blank">list of air cleaners</a> that are certified as safe and effective, though not all of them use HEPA filters.</p>
Keep Air Fresh or Get Outside<p>Both the <a href="https://www.who.int/news-room/commentaries/detail/transmission-of-sars-cov-2-implications-for-infection-prevention-precautions" target="_blank">World Health Organization</a> and <a href="https://www.cdc.gov/coronavirus/2019-ncov/daily-life-coping/deciding-to-go-out.html" target="_blank">U.S. Centers for Disease Control and Prevention</a> say that poor ventilation increases the risk of transmitting the coronavirus.</p><p>If you are in control of your indoor environment, make sure you are getting enough fresh air from outside circulating into the building. A CO2 monitor can help give you a clue if there is enough ventilation, and if CO2 levels start going up, open some windows and <a href="https://www.advisory.com/daily-briefing/2020/07/17/outdoor-gathering" target="_blank">take a break outside</a>. If you can't get enough fresh air into a room, an air cleaner might be a good idea. If you do get an air cleaner, be aware that they don't remove CO2, so even though the air might be safer, CO2 levels could still be high in the room.</p><p>If you walk into a building and it feels hot, stuffy and crowded, chances are that there is not enough ventilation. Turn around and leave.</p><p>By paying attention to air circulation and filtration, improving them where you can and staying away from places where you can't, you can add another powerful tool to your anti-coronavirus toolkit.</p>
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The tiny island nation of Mauritius, known for its turquoise waters, vibrant corals and diverse ecosystem, is in the midst of an environmental catastrophe after a Japanese cargo ship struck a reef off the country's coast two weeks ago. That ship, which is still intact, has since leaked more than 1,000 metric tons of oil into the Indian Ocean. Now, a greater threat looms, as a growing crack in the ship's hull might cause the ship to split in two and release the rest of the ship's oil into the water, NPR reported.
On Friday, Prime Minister Pravind Jugnauth declared a state of environmental emergency.
France has sent a military aircraft carrying pollution control equipment from the nearby island of Reunion to help mitigate the disaster. Additionally, Japan has sent a six-member team to assist as well, the BBC reported.
The teams are working to pump out the remaining oil from the ship, which was believed to be carrying 4,000 metric tons of fuel.
"We are expecting the worst," Mauritian Wildlife Foundation manager Jean Hugues Gardenne said on Monday, The Weather Channel reported. "The ship is showing really big, big cracks. We believe it will break into two at any time, at the maximum within two days. So much oil remains in the ship, so the disaster could become much worse. It's important to remove as much oil as possible. Helicopters are taking out the fuel little by little, ton by ton."
Sunil Dowarkasing, a former strategist for Greenpeace International and former member of parliament in Mauritius, told CNN that the ship contains three oil tanks. The one that ruptured has stopped leaking oil, giving disaster crews time to use a tanker and salvage teams to remove oil from the other two tanks before the ship splits.
By the end of Tuesday, the crew had removed over 1,000 metric tons of oil from the ship, NPR reported, leaving about 1,800 metric tons of oil and diesel, according to the company that owns the ship. So far the frantic efforts are paying off. Earlier today, a local police chief told BBC that there were still 700 metric tons aboard the ship.
The oil spill has already killed marine animals and turned the turquoise water black. It's also threatening the long-term viability of the country's coral reefs, lagoons and shoreline, NBC News reported.
"We are starting to see dead fish. We are starting to see animals like crabs covered in oil, we are starting to see seabirds covered in oil, including some which could not be rescued," said Vikash Tatayah, conservation director at Mauritius Wildlife Foundation, according to The Weather Channel.
While the Mauritian authorities have asked residents to leave the clean-up to officials, locals have organized to help.
"People have realized that they need to take things into their hands. We are here to protect our fauna and flora," environmental activist Ashok Subron said in an AFP story.
Reuters reported that sugar cane leaves, plastic bottles and human hair donated by locals are being sewn into makeshift booms.
Human hair absorbs oil, but not water, so scientists have long suggested it as a material to contain oil spills, Gizmodo reported. Mauritians are currently collecting as much human hair as possible to contribute to the booms, which consist of tubes and nets that float on the water to trap the oil.
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Environmentalists and ornithologists found a friend in a federal court on Tuesday when a judge struck down a Trump administration attempt to allow polluters to kill birds without repercussions through rewriting the Migratory Treaty Bird Act (MBTA).
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