In Ecuador, a Forest Has Legal Rights

In Ecuador, a Forest Has Legal Rights

This is a press release from the Center for Biological Diversity

Ecuador’s Highest Court Enforces Constitutional ‘Rights of Nature’ to Safeguard Los Cedros Protected Forest

QUITO, Ecuador— In an unprecedented case, the Constitutional Court of Ecuador has applied the constitutional provision on the “Rights of Nature” to safeguard the Los Cedros cloud forest from mining concessions. The court voted seven in favor, with two abstentions.

In the wake of the ruling, which was published Dec. 1, the Constitutional Court will develop a binding area of law in which the Rights of Nature, the right to a healthy environment, the right to water and environmental consultation must be respected.

The court decided that activities that threaten the rights of nature should not be carried out within the Los Cedros Protected Forest ecosystem. The ruling bans mining and all types of extractive activities in the protected area. Water and environmental permits to mining companies must also be denied.

Mining concessions have been granted to two thirds of the incredible Los Cedros reserve. The Ecuadorian state mining company ENAMI holds the rights. The new ruling means that mining concessions, environmental and water permits in the forest must be cancelled.

“This precedent-setting case is important not only for Ecuador but also for the international community,” said Alejandro Olivera, senior scientist and Mexico representative at the Center for Biological Diversity. “This progressive and innovative ruling recognizes that nature can and does have rights. It protects Los Cedros’ imperiled wildlife, like the endangered brown-headed spider monkeys and spectacled bears, from mining companies.”

In September 2020 Earth Law Center, Global Alliance for the Rights of Nature, and the Center for Biological Diversity filed an amicus curiae (friend of the court) brief before the Ecuadorian Constitutional Court. The groups asked the court to protect Los Cedros and robustly enforce constitutional provisions that establish basic rights of nature, or “pachamama,” including the right to exist, the right to restoration and the rights of the rivers, especially the river Magdalena.

“This is a historic victory in favor of nature,” said Natalia Greene from the Global Alliance for the Rights of Nature. “The Constitutional Court states that no activity that threatens the Rights of Nature can be developed within the ecosystem of Los Cedros Protected Forest, including mining and any other extractive activity. Mining is now banned from this amazing and unique protected forest. This sets a great juridical precedent to continue with other threatened Protected Forests. Today, the endangered frogs, the spectacled bears, the spider monkey, the birds and nature as a whole have won an unprecedented battle.”

“It is undoubtedly good news but the situation of the Los Cedros Protective Forest is not an isolated event in Ecuador,” said Constanza Prieto Figelist, Latin American legal lead at Earth Law Center. “This is a problem of the forests throughout the country. In recent years mining concessions that overlap with protective forests have been awarded.”

The brown-headed spider monkey, found in Los Cedros and threatened by the mining, has lost more than 80% of its original area of distribution in northwest Ecuador. In 2005 scientists estimated that there were fewer than 250 brown-headed spider monkeys globally, making the species among the top 25 most endangered primates in the world.

The case is of great significance, both for Ecuador and the world, because it establishes important and influential “Earth jurisprudence” that will help guide humanity to be a benefit rather than a destructive presence within the community of life. The proposed mining is unlawful, the groups say, because it violates the rights of the Los Cedros Protective Forest as an ecosystem as well as the rights of the many members of that living community.

The Center for Biological Diversity is a national, nonprofit conservation organization with more than 1.7 million members and online activists dedicated to the protection of endangered species and wild places.

Biden Budget Fails to Address Extinction Crisis

Biden Budget Fails to Address Extinction Crisis

Editor’s note: The Biden administration’s budget to address the extinction crisis for the year 2021 is $22 million ($22,000,000). That is $60,273 per day, $2,511 per hour, and $41 per second.
The Biden administration’s military budged for the year 2021 is $705.39 billion ($705,390,000,000). That is $1,93 billion per day, $80,527 million per hour, and $1,34 million per second. The US military is also the single largest polluter in the world, burning about 269,230 barrels of oil per day.
The numbers alone show the preferences of this “culture” very clearly. (In my view, the term “culture” seems inappropriate to describe a societal structure that follows the logic of a cancer cell.)

Featured image: “We Live Here Too” by Nell Parker.


This is a press release from the Center for Biological Diversity, May 28.

WASHINGTON— With today’s (May 28) release of President Biden’s first full budget, the administration signaled that stemming the wildlife extinction crisis and safeguarding the nation’s endangered species will not be a top priority, despite the warnings of scientists that one million species are at risk of going extinct around the world without intervention.

The Biden administration is proposing just $22 million — a mere $1.5 million above last year’s levels — to protect the more than 500 imperiled animals and plants still waiting for protection under the Endangered Species Act. It is at the same level as what was provided for in 2010.

The budget proposal increases funding for endangered species recovery by $18 million. While this represents a modest increase from last year’s budget, the Endangered Species Act has been severely underfunded for decades, resulting in species waiting years, or even decades, for protection and already-protected species receiving few dollars for their recovery.

Based on the Fish and Wildlife Service’s own recovery plans, at least $2 billion per year is needed to recover the more than 1,700 endangered species across the country. The proposed budget fails to even come close to closing the gap in needed funding.

“It’s distressing that President Biden’s budget still ignores the extinction crisis,” said Brett Hartl, government affairs director at the Center for Biological Diversity. “What’s especially tragic is that restoring abundant wildlife populations would also reap huge benefits in helping to stop the climate crisis, reduce toxic pollution and protect wild places. This was a missed opportunity.”

During the presidential campaign, President Biden touted his early support for the Endangered Species Act when the law was passed in 1973. In January President Biden launched a review of the Trump administration’s rollbacks of the regulations implementing the Endangered Species Act and decisions to weaken protections for the monarch butterfly, spotted owl and gray wolf.

To date, however, the Biden administration has not moved to alter or reverse any Trump-era policies or decisions related to endangered species. With today’s budget, President Biden is adopting the measly funding levels of the Trump administration.

Over the past year, more than 170 conservation groups have asked for additional funding for endangered species. This request echoes similar pleas from 121 members of the House of Representatives and 21 senators.

“Every year, more of our most distinctive animals and plants will vanish right before our eyes. Perhaps for the sake of his grandchildren, President Biden will reconsider this disastrous budget proposal,” said Hartl.

Around 650 U.S. plants and animals have already been lost to extinction. Some of the plants and animals that have been deemed extinct in the United States since 2000 include: Franklin’s bumblebee from California and Oregon; the rockland grass skipper and Zestos skipper butterflies from Florida; the Tacoma pocket gopher; the Alabama sturgeon; the chucky madtom, a small catfish from Tennessee; a wildflower named Appalachian Barbara’s buttons; and the Po’ouli, a songbird from Maui. Scientists estimate that one-third of America’s species are vulnerable to extinction and 12,000 species nationwide are in need of conservation action.

Contact: Brett Hartl, (202) 817-8121, bhartl@biologicaldiversity.org

The Center for Biological Diversity is a national, nonprofit conservation organization with more than 1.7 million members and online activists dedicated to the protection of endangered species and wild places.

Biden Administration Proposes to Allow Oil Companies to Disturb Polar Bears, Walruses in Alaska’s Arctic

Biden Administration Proposes to Allow Oil Companies to Disturb Polar Bears, Walruses in Alaska’s Arctic

For Immediate Release, May 28, 2021

Featured image: Arctic polar bear with cubs. (Credit: USFWS)

Contact: Kristen Monsell, (510) 844-7137, kmonsell@biologicaldiversity.org


ANCHORAGE, Alaska— The Biden administration issued a proposed rule today allowing oil companies operating in the Beaufort Sea and Western Arctic to harass polar bears and Pacific walruses when drilling or searching for oil for the next five years.

“It’s maddening to see the Biden administration allowing oil companies to continue their noisy, harmful onslaught on polar bears. Oil in this sensitive habitat should stay in the ground,” said Kristen Monsell, an attorney at the Center for Biological Diversity. “President Biden promised bold action to address the climate crisis, yet his administration is proposing to allow business-as-usual oil drilling in the Arctic. Polar bears and walruses could pay a terrible price.”

The Southern Beaufort Sea population is the most imperiled polar bear population in the world. With only about 900 bears remaining, scientists have determined that the survival of every individual bear is vital to the survival and recovery of the population.

The heavy equipment used in seismic exploration and drilling activities can crush polar bears in their dens or scare polar bears out of their dens too early, leaving cubs to die of exposure or abandonment by their mothers. The noise generated by routine operations can disturb essential polar bear behavior and increase their energy output.

Walruses are also incredibly sensitive to human disturbance. Without summer sea ice for resting, walrus mothers and calves have been forced to come ashore, where they are vulnerable to being trampled to death in stampedes when startled by noise.

In addition to seismic exploration, the rule covers construction and operation of roads, pipelines, runways, and other support facilities. It also covers well drilling, drill rig transport, truck and helicopter traffic, and other activities.

The Marine Mammal Protection Act generally prohibits killing, harming or harassing a marine mammal. The statute allows the federal government to authorize certain industrial activities to harm and harass marine mammals, provided such activities will take only a “small number” of animals and have no more than a “negligible impact” on the population.

The proposed rule covers existing and planned activities across a wide swath of Alaska’s Arctic, including 7.9 million acres in the Beaufort Sea, and onshore activities from Point Barrow to the western boundary of the Arctic National Wildlife Refuge. It includes the Willow development project that the Center and allies have challenged in court, and which the Biden administration this week submitted a brief defending.

The U.S. Fish and Wildlife Service will be accepting public comment on the proposed rule for 30 days.


The Center for Biological Diversity is a national, nonprofit conservation organization with more than 1.7 million members and online activists dedicated to the protection of endangered species and wild places.

Forest Service Halts Huge Clearcutting Plan Next to Yellowstone National Park that Threatened Grizzlies, Lynx

Forest Service Halts Huge Clearcutting Plan Next to Yellowstone National Park that Threatened Grizzlies, Lynx

Proposal called for 4,600 acres of clearcuts, bulldozing up to 56 miles of roads on public lands just outside of Yellowstone

This article originally appeared on Counterpunch.


WEST YELLOWSTONE, MONTANA— Following a challenge by multiple conservation groups, the U.S. Forest Service announced Thursday that it was halting a plan to clearcut more than 4,600 acres of native forests, log across an additional 9,000 acres and bulldoze up to 56 miles of road on lands just outside Yellowstone National Park in the Custer Gallatin National Forest.

In April, the Center for Biological Diversity, WildEarth Guardians, Alliance for the Wild Rockies and Native Ecosystems Council challenged the South Plateau project, saying it would destroy habitat for grizzly bears, lynx, pine martens and wolverines. The logging project would have destroyed the scenery and solitude for hikers using the Continental Divide National Scenic Trail, which crosses the proposed timber-sale area.

“This was another one of the Forest Service’s ‘leap first, look later’ projects where the agency asks for a blank check to figure out later where they’ll do all the clearcutting and bulldozing,” said Adam Rissien, a rewilding advocate at WildEarth Guardians. “Logging forests under the guise of reducing wildfires is not protecting homes or improving wildlife habitat, it’s just a timber sale. If the Forest Service tries to revive this scheme to clearcut native forests and bulldoze new roads in critical wildlife habitat just outside of Yellowstone, we’ll continue standing against it.”

In response to the group’s challenge, the Forest Service said it was withdrawing the South Plateau project until after it issues a new management plan for the Custer-Gallatin National Forest this summer. Then it plans to prepare a new environmental analysis of the project with “additional public involvement” to ensure the project complies with the new forest plan.

“This is a good day for the greater Yellowstone ecosystem and for the grizzlies, lynx and other wildlife that call it home,” said Ted Zukoski, a senior attorney at the Center for Biological Diversity. “The Forest Service may revive this destructive project in a few months, but for now this beautiful landscape is safe from chainsaws and bulldozers.”

The project violated the National Environmental Policy Act by failing to disclose precisely where and when it would bulldoze roads and clearcut the forest, which made it impossible for the public to understand the project’s impacts, the groups said in their April objection. The project allowed removal of trees more than a century old, which provide wildlife habitat and store significant amounts of carbon dioxide, an essential component of addressing the climate emergency.

“The South Plateau project was in violation of the forest plan protections for old growth,” said Sara Johnson, director of Native Ecosystems Council and a former wildlife biologist for the Custer Gallatin National Forest. “The new forest plan has much weaker old-growth protections standards. That is likely why they pulled the decision — so they can resign it after the new forest plan goes into effect.”

“The Forest Service needs to drop the South Plateau project and quit clearcutting old-growth forests,” said Mike Garrity, executive director of the Alliance for the Wild Rockies. “Especially clearcutting and bulldozing new logging roads in grizzly habitat on the border of Yellowstone National Park.”

Contacts:

Adam Rissien, WildEarth Guardians, (406) 370-3147, arissien@wildearthguardians.org

Ted Zukoski, Center for Biological Diversity, (303) 641-3149, tzukoski@biologicaldiversity.org

Michael Garrity, Alliance for the Wild Rockies, (406) 459-5936, wildrockies@gmail.com

Dr. Sara Jane Johnson, Native Ecosystems Council, (406) 579-3286, sjjohnsonkoa@yahoo.com

More Than 17,000 Rare Nevada Wildflowers Destroyed

More Than 17,000 Rare Nevada Wildflowers Destroyed

In this article published on September 16, 2020 by the Center for Biologocal Diversity, they draw attention to a premeditated act of violence against a rare species of wildflower. The act may be linked to a proposal for an open-pit lithium mine to supply the battery industry.


More Than 17,000 Rare Nevada Wildflowers Destroyed

Tiehm’s Buckwheat, Under Review for Federal Protection, Loses up to 40% of Population

LAS VEGAS— Conservationists discovered over the weekend that someone had dug up and destroyed more than 17,000 Tiehm’s buckwheat plants, a rare Nevada wildflower the U.S. Fish and Wildlife Service said this summer may warrant protection under the Endangered Species Act.

As much as 40% of the flower’s global population, which exists on just 21 acres in western Nevada, may have been destroyed.

This is an absolute tragedy,” said Patrick Donnelly, Nevada state director at the Center for Biological Diversity. “Tiehm’s buckwheat is one of the beautiful gems of Nevada’s biodiversity and some monster destroyed thousands of these irreplaceable flowering plants.”

A routine visit to the site by Center staff revealed substantial impacts to all six subpopulations of the flower, with some subpopulations nearly wiped out. Plants were dug up or mangled with shovels, with taproots cut and most of the dead buckwheats hauled off-site.

Tiehm’s buckwheat has been the subject of recent controversy.

An Australian mining company, Ioneer Corp., has proposed an open-pit lithium mine that would destroy the vast majority of Tiehm’s buckwheat’s habitat. This spring Ioneer Corp.’s biological consulting firm placed a “missing” poster for the buckwheat at the general store in the nearby town of Dyer, offering a $5,000 reward to anyone who locates a new population of the rare flower.

After a whistleblower revealed mismanagement of the species by the Bureau of Land Management, the Center submitted an emergency petition to protect the plant under the Endangered Species Act in 2019. In response the Fish and Wildlife Service said in July the plant’s protection “may be warranted” and initiated a year-long review.

After the initial discovery of the incident, a field survey conducted by Donnelly and Dr. Naomi Fraga, director of conservation at the California Botanic Garden, revealed approximately 40% mortality to the species across all subpopulations, due to removal or destruction.

“This appears to have been a premeditated, somewhat organized, large-scale operation aimed at wiping out one of the rarest plants on Earth, one that was already in the pipeline for protection,” said Donnelly.

“It’s despicable and heartless.”

In a letter sent on Tuesday to the Bureau, U.S. Fish and Wildlife Service, Nevada Division of Forestry and Ioneer Corp., Fraga and Donnelly made a series of recommendations to the agencies including: fencing the site, 24-hour security, immediate stabilization and rehabilitation of affected plants, and immediate termination of any monetary rewards, including Ioneer’s, for finding Tiehm’s buckwheat.

Plants can recover from extreme trauma such as that inflicted upon Tiehm’s buckwheat if given protection and potential assistance through plant care, propagation and transplanting. The letter urges the agencies to immediately commence a protection and restoration program.

“I was absolutely devastated when I discovered this annihilation of these beautiful little wildflowers,” said Donnelly. “But we’re not going to let this stop our fight against extinction. We’ll fight for every single buckwheat.”


You can find the original article, contact details and further advice and information on how you can support here:

https://biologicaldiversity.org/w/news/press-releases/more-17000-rare-nevada-wildflowers-destroyed-2020-09-16

Contact:  Patrick Donnelly, (702) 483-0449, pdonnelly@biologicaldiversity.org

Featured image: Tiehm’s Buckwheat by Jim Morefield at https://flickr.com/photos/127605180@N04/15068315794. CC BY SA 2.0.