Courts vs. Climate Change

books

New York City launched a lawsuit against some of the larger polluters on the planet to cover the costs the city faces due to climate change (projected to be over $20 billion USD). A decade ago this case would likely have been thrown out, today with the effects of climate change so overt this case stands a winning chance. There have also been a lot of other cases brought to courts around the world that have acted on issues surrounding climate change. The New Republic recently ran a great article outlining why courts are caring about the climate and what the law has done about it.

Some of these lawsuits have succeeded in other countries. In 2015, the Dutch government was forced to lower the country’s greenhouse gas emissions in response to a class action lawsuit from its citizens. A judge in Ireland recently ruled that citizens have a constitutional right to a safe climate and environment. And last month, a climate liability lawsuit against Germany’s largest power company was allowed to move forward. “Judicial decisions around the world show that many courts have the authority, and the willingness, to hold governments to account for climate change,” said Michael Burger, executive director of Columbia’s Sabin Center for Climate Change Law. He cited a 2007 lawsuit that forced the U.S. Environmental Protection Agency to regulate greenhouse gas emissions. “Similar litigation all over the world will continue to push governments and corporations to address the most pressing environmental challenge of our times.”

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The Future Is Now Relevant In American Courts

There’s a new tactic for environmentalists using the court system to change the world: argue that the government has a responsibility to protect people. The argument environmentalists can use is broadly known as “public trust” and how it relates to certain institutions and what they do. It is basically the notion that we a citizens entrust our government to keep us safe for now and in the future; by not protecting the environment they are endangering us now and for generations to come.

This public trust tactic has been used in other countries and now it’s winning in the USA. Let’s hope that more and more courts begin to understand that we need to act today to save tomorrow.

In 2008, Wood unveiled a novel strategy for climate activists to use the public trust as a legal tool. She called it “atmospheric trust litigation” and began giving dozens of talks about it. Prior to that, the public trust doctrine, when invoked in court at all, usually was seen through the lens of wildlife and access issues. Wood argued that the public trust doesn’t end at the earth and water, but also includes the atmosphere. And since the government is required to preserve resources for posterity—today’s youth and subsequent generations—it should be legally required to reduce greenhouse gas emissions to ensure a healthful and pleasant environment in the future.

In 2011, environmental attorney Julia Olson formed the Eugene, Oregon–based nonprofit Our Children’s Trust to coordinate with and support law firms that, working pro bono, have filed a flurry of lawsuits based on Wood’s ideas. In all, there have been 18 state and federal climate-change cases with adolescents as plaintiffs. The cases all claim breach of the public trust and try to force states to implement plans for emissions reductions based on science. “They’re all alleging that their futures are imperiled and that [governments are] violating their public trust rights because government continues to promote the fossil fuels regime that is destroying the climate they need for their survival,” says Wood.

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Thanks to Delaney!

Holding War Criminals to Account

War is a messy business with the victorious side usually cleaning up how it all looks to outsiders. This is obviously problematic, particularly as we ought to hold people accountable for crimes they commit. When one rogue state let’s their war crimes go unpunished it calls into question the international agreements on how to handle the people who committed such grievous acts. In her new books Rebecca Gordon calls on the USA to not let the crimes that have occurred in the war on terror to go unpunished.

In American Nuremberg, author Rebecca Gordon indicts several high ranking U.S. officials for war crimes. Those who helped facilitate America’s torture and assassination programs are named and their crimes are exposed in great detail. Writing the book and naming the war criminals is merely step one for Rebecca Gordon, who is currently a mission to work with several human rights groups to formally charge those officials who have broken human rights laws.

The United States helped establish the international principles guiding the prosecution of war crimes – starting with the Nuremberg tribunal following World War II, when Nazi officials were held accountable for their crimes against humanity. American Nuremberg is a call to put our own officials on trial – those who constantly refuse to apply these same international principles to the War on Terror.

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Help Bring Bad Mining Companies to Court

Q’eqchi’ communities in Guatemala have been resisting the push of Canadian mining company HudBay Minerals into their land. This resistance has been met by dubious practices by the Toronto-based mining corporation and now they are being brought to court. A group supporting the Q’eqchi’ communities is looking to bring attention to this matter as well as gather signatures to present.

Sign the petition now!

Q’eqchi’ communities in the Izabal region of Guatemala have faced an onslaught of these and other abuses over the past five decades at the hands of a series of Canadian mining companies who have owned the Fenix Nickel Project.

On April 4th 2014 a criminal trial will begin in Guatemala to seek justice for some of the countless acts of violence communities have faced – and continue to face – at the hands of these mining companies. On this day, Mynor Padilla, the former Head of Security for the mine, under the ownership of Canadian company Hudbay Minerals and local subsidiary CGN, will be tried for the murder of Aldofo Ich Chamán. Ich Chamán was a respected Maya Q’eqchi’ community leader, father of six, and an open critic of human rights violations and environmental damage caused by corporate mining activities. Padilla will also be tried for the shooting of seven others on the same date, September 27, 2009 near El Estor, Izabal: Haroldo Cucul Cucul, German Chub Coc, Alejandro Chuc, Ricardo Acte Coc, Samuel Coc Chub, Alfredo Tzi Ich, and Luciano Choc. One man, German Chub, lives with a number of grave medical conditions as a result of this shooting, including a collapsed lung and a spinal cord injury that has left him paraplegic.

In a series of separate civil cases being heard in Canada, Hudbay Minerals and CGN are being tried for these shootings and the murder of Ich Chamán, while Hudbay Minerals is additionally being tried for gang-rapes committed in a nearby community during an eviction.

Read more here.

Thanks to Sonya!

Insite Can Continue to Operate: Supreme Court

Insite is a safe injection site for drug users which has had proven health benefits for individuals and the community. Through their work Insite has been able to help many addicts stay safe and secure while consuming drugs, this is in stark contrast to doing drugs on the streets which is way more dangerous.

In the past, Insite had to defend itself against the British Columbia Supreme Court and won, and today Insite won in the Supreme Court of Canada. This is a blow to the anti-safety, anti-drug, pro-prison campaign of the ruling Progressive Conservative Party of Canada and will hopefully mark a turning point in how Canadians support drug addicts.

This is a huge victory for results-based and preventative health care and for people who are unfortunately addicted to drugs.

If Insite wasn’t allowed to operate it would prevent injection drug users from accessing the health services offered at the facility, threatening their health and their lives, the ruling said. Withdrawing the exemption would even undermine the purpose of the federal drug law, which includes public health and safety, the court said.

Health groups, including the Canadian Medical Association and the Canadian Public Health Association, also applauded the decision.

The Supreme Court said that if the health minister, currently Leona Aglukkaq, receives applications for more exemptions, she must continue to exercise her discretion and aim to strike a balance between Charter rights and protecting public health and safety.

Read more coverage and see the full court report at the CBC.

Remember don’t consume dangerous drugs!