Speaking at a media briefing to raise awareness on the importance of accountability when such maritime disasters occur, Anita Perera, Campaigner for Greenpeace South Asia, said that when a team visited Mannar on June 19, they noticed a significant number of plastic pellets even after one round of cleanup operations. “The Mediterranean Shipping Company (MSC) is responsible for cleaning up the oil spill, but so far, they haven’t communicated their response to expedite the cleaning of nurdles or the oil spill. This isn’t an isolated incident but a result of deeper structural failures in how we are governing our oceans and environmental safety. These are critical ecosystems, and there are people(and all of the other species) whose daily livelihoods would be affected as a result of such disasters. We need to hold these companies accountable for such incidents,” she underscored.
COLOMBO — Sri Lanka is once again facing a significant marine environmental crisis, as tiny plastic pellets, commonly known as nurdles, have begun washing ashore along the island’s northern coastline. This time, the pollution is linked to the sinking of the Liberia-flagged container ship MSC ELSA 3 off of Kerala, India. The unfolding incident has triggered fears of a repeat of the X-Press Pearl disaster in 2021, the worst maritime disaster to have occurred in Sri Lanka, significantly impacting marine ecosystems and coastal communities.
According to the Indian Coast Guard, the MSC ELSA 3, carrying 640 containers including hazardous cargo, sank on May 25, roughly 38 nautical miles off the Kerala coast. The cause was reportedly a failure of its ballast system. Indian authorities confirmed the vessel was loaded with an estimated 85 metric tons of diesel and 367 metric tons of furnace oil, in addition to at least 13 containers of dangerous substances such as calcium carbide. All 24 crew members were safely rescued by Indian Coast Guard and Navy teams.
While Indian authorities were able to initially contain an oil spill, the environmental fallout soon escalated. Plastic nurdles released from sunken containers began appearing on beaches in southern India, and by June 11, ocean currents driven by strong gusts of southwest monsoon winds carried them toward Sri Lanka’s northern shores, raising serious concerns among marine biologists and local communities.
Plastic nurdles washed ashore on Sri Lanka’s northern coast. Image courtesy of the Marine Environmental Protection Agency (MEPA).
Fresh environmental fallout
“We’ve begun cleaning efforts and are evaluating coordinated response actions,” said Padma Abeykoon, additional secretary at the Ministry of Environment. With strong monsoon winds forecast for the coming days, she noted that ocean currents may bring even more pollutants ashore.
According to Abeykoon, Indian authorities had alerted Sri Lanka about the possibility of debris from the sunken vessel drifting toward its shores, depending on ocean current patterns. The plastic pellets first arrived on the northern islands and reached the Mannar coast within a day, continuously washing up along Sri Lanka’s southern-facing beaches.
One of the earliest reports from Sri Lanka came from Lahiru Walpita, a birdwatcher in Mannar, who observed the nurdles during his routine early morning seabird monitoring. “On June 12, I noticed strange white pebbles scattered across the Mannar beach. A closer look revealed they were plastic nurdles, something I sadly recognize from the X-Press Pearl spill,” Walpita said.
Walpita initially assumed the rough seas had opened up a remnant of X-Press Pearl, but as he discovered 20 25-kilogram (55-pound) bags of nurdles strewn across a 2-kilometer (1.2-mile) stretch of beach in Mannar, he realized something was wrong. Out of these, only two bags were damaged, and others were in perfect shape, Walpita told Mongabay.
Walpita also observed crows and an egret investigating the pellets but hadn’t consumed them. “However, seabirds, like little terns and bridled terns, feed off the ocean surface while in flight and I fear they could mistake these pellets for food as they have little time to observe,” he warned. The breeding season for these species, especially on tiny islands nearby in Adam’s Bridge Marine National Park, runs from May to September, and Walpita fears the nurdle invasion could disrupt their reproductive cycles.
The process of cleaning nurdles along Sri Lanka’s northern coastal area commenced soon after the marine disaster but the strong monsoonal winds are expected to push more nurdles toward the Indian Ocean island’s beaches. Image courtesy of the Marine Environment Protection Agency (MEPA).
Temporary fishing ban
Meanwhile, Indian authorities imposed a temporary fishing ban within 20 nautical miles of the MSC ELSA 3 wreck to mitigate risks from hazardous cargo. One of the most concerning chemicals on board was calcium carbide, which reacts violently with water to release acetylene — a highly flammable and potentially explosive gas — and produces caustic substances harmful to marine life.
Adding to the urgency, Indian authorities are battling another maritime emergency just two weeks after the ELSA 3 incident. On June 7, the Singapore-flagged container ship MV Wan Hai 503 caught fire following multiple explosions, approximately 88 nautical miles off the coast of Kerala. The vessel, carrying more than 2,128 metric tons of fuel and numerous containers with hazardous materials, poses a potentially greater environmental risk than ELSA 3. As of June 18, Indian Coast Guard reports indicated that the fire was under control. The drifting vessel has since been secured and successfully towed away.
The Singapore-flagged MV Wan Hai 503, the second ship that caught fire off the south Indian coast of Kerala, occurred just 15 days after the sinking of the MSC ELSA 3. Image courtesy of the Indian Coast Guard via X.
Nurdle spill
The nurdles are highly persistent in the marine environment, as they can absorb toxic chemicals and enter the food chain, posing a risk to marine life and potentially humans as research on the aftermath of X-Press Pearl disaster proves.
The parallels of these disasters with the X-Press Pearl disaster are striking. The 2021 incident released billions of nurdles into the Indian Ocean, contaminating beaches for months, killing marine organisms and disrupting fishing livelihoods. One silver lining is that a lot of research was conducted following the X-Press Pearl disaster, and this can be informative in tackling the ongoing episode of the nurdle pollution, Gunasekara said.
Even today, Sri Lanka is fighting for adequate compensation, with legal proceedings dragging on in international courts. The echoes of that catastrophe now serve as a grim warning: Unless stronger regional protocols and maritime safety measures are enforced, the region could be doomed to repeat history.
Malaka Rodrigo is a naturalist with an IT background that took environmental journalism in 2007 to follow his belief ‘conservation through awareness’. He won many awards for his work and writes extensively on biodiversity, wildlife, oceans, water, climate change and environmental issues.
Banner image: The Liberia-flagged vessel MSC ELSA 3, carrying 640 containers including 13 with hazardous cargo, together with almost 85 metric tons of diesel and 367 metric tons of furnace oil sank on 25 May, off of Kerala in southern India. Image courtesy of the Indian Coast Guard.
Miguel Guimaraes, a Shipibo-Konibo leader, has spent his life protesting palm oil plantations and other agribusiness ventures exploiting the Amazon rainforest in his homeland of Peru. Last spring, as he attended a United Nations conference on protecting human rights defenders in Chile, masked men broke into his home, stole his belongings, and set the place on fire. Guimarares returned days later to find “he will not live” spray-painted on the wall.
The U.N. special rapporteur on human rights defenders, Mary Lawlor, denounced the attack and urged Peru to guarantee Guimarare’s protection. Although Guimaraes enjoyed international support, his assailants haven’t been identified.
Guimaraes is one of 6,400 activists who endured harassment or violence for defending human rights against corporate interests. That’s according to a new report from the Business & Human Rights Resource Centre that chronicles attacks and civil violations human rights defenders worldwide have experienced over the past decade. Although Indigenous people make up 6 percent of the world population, they accounted for one-fifth of the crimes documented in the report. They also were more likely than others to be killed, particularly in Brazil, the Philippines, and Mexico.
Some of these attacks arise from the “range of ways” governments are restricting civic space and discourse and “prioritizing economic profit,” said Christen Dobson, an author of the report and co-head of the Civic Freedoms and Human Rights Defenders Programme. “Over the past 10 years, we’ve seen a consistent, sustained pattern of attacks against people who speak out against business-related human rights, risks, and harms,” he said.
Most of these attacks are reported by local organizations focused on documenting and collecting Indigenous cases, and the number of crimes against them may be higher. “The only reason we know about even a slice of the scale of attacks against defenders worldwide is because defenders themselves are sharing that information, often at great risk,” said Dobson.
Virtually every industry has a case in the database that the Business & Human Rights Resource Centre maintains. The organization has tracked companies, trade associations, and governments believed to have requested, or paid, law enforcement to intervene in peaceful protest activity. In 2023, for example, local authorities in Oaxaca, Mexico, attacked and injured members of the Union of Indigenous Communities of the Northern Zone of the Isthmus who were peacefully blocking the Mogoñe Viejo-Vixidu railway, which posed a threat to 12 Indigenous communities in the area.
The protest against the Dakota Access Pipeline saw the highest number of attacks related to a single project over the last decade, the report found. Around 100,000 people in 2016 and 2017 gathered to oppose the pipeline and were met with a campaign of harassment, intimidation, and arrest. Energy Transfer, the company that led the project, filed a defamation suit accusing Greenpeace of violating trespassing and defamation laws and coordinating the protests. In March, a jury ordered Greenpeace to pay $660 million in damages, a verdict legal experts called “wildly punitive.”
The Business & Human Rights Resource Centre cites that lawsuit as an example of companies using a legal tactic called a strategic lawsuit against public participation, or SLAPP suit, to silence dissent and harass protesters. But Energy Transfer cited that courtroom victory in its response to the nonprofit’s report: “The recent verdict against Greenpeace was also a win for the people of North Dakota who had to live through the daily harassment and disruptions caused by the protesters who were funded and trained by Greenpeace.”
Fossil fuel companies were hardly the only offenders, however. Dobson and her team identified several cases involving renewable energy sectors, where projects have been linked to nearly 365 cases of harassment and more than 100 killings of human rights defenders.
But mining, including the extraction of “transition minerals,” leads every sector in attacks on defenders. Forty percent of those killed in such crimes were Indigenous, a reflection of the fact that more than half of all critical minerals lie in or near Indigenous land.
The outsize scale of harassment and violence against Indigenous people prompted the U.N. special rapporteur to release a statement last year making clear that “a just transition to green energy must support Indigenous peoples in securing their collective land rights and self-determination over their territories, which play a vital role in biodiversity, conservation, and climate change adaptation.“
Businesses, particularly those in mining and metals, are being pressured to ensure their operations do just that. The Consolidated Mining Standard Initiative, or CSMI, for example, is a voluntary framework to improve industry policies adopted by several trade associations like the Mining Association of Canada. “The standard addresses a broad range of community risks by requiring mining operations to work with communities to identify and work together to mitigate risks faced by the community,” the association said. “Such risks include those to human rights defenders, where they exist.”
Another member of the initiative, the International Council of Mining and Metals, said it has “strengthened our member commitments on human rights defenders to explicitly include defenders in companies’ due diligence, stakeholder engagement, and security processes. Defenders often work on issues related to land, the environment, and Indigenous peoples’ rights.”
Even as this report highlights the dangers human rights defenders face, a growing need for critical minerals, mounting demand for the infrastructure to support AI, and the dismantling of regulatory oversight in the United States bring new threats. The report also makes clear that these attacks will not decrease until broad agreements to adopt and implement protections for these activists are enacted. Such policies must be accompanied by legislation designating Indigenous stewardship of their land and requiring their involvement in project consultations.
Yet Indigenous organizations tend to doubt any industry can be trusted to voluntarily participate in such efforts. In a letter sent to the CSMI, 25 human rights organizations including the Business & Human Rights Resource Centre said mandatory participation will be required to ensure robust protection of human rights defenders and relationships between industry and Indigenous peoples. “People and the environment suffer when companies are left to self-regulate with weak voluntary standards,” the letter stated.
Still, change is coming, however slowly. When Dobson and her team started tracking the harassment and violence against human rights defenders, she wasn’t aware of any companies with a policy pledging to not contribute to or assist attacks against defenders. Since then, “We’ve tracked 51 companies that have made this policy commitment,” she said. “Unfortunately that doesn’t always mean we see progress in terms of implementation of those policies.”
Editor’s note: “The 2025 Queensland floods refer to significant flooding that impacted the northeast Australian state of Queensland in late January, early February, into March and April 2025. The disaster resulted in at least two fatalities from flooding, 31 fatalities from a disease outbreak and prompted mass evacuation orders in Queensland’s coastal regions.”
According to flood gauges, the enormous body of water has surpassed the 1974 event, widely considered the largest flood in Queensland history. But it was still sitting within the floodplain, Sheldon says, just “reaching the edges” of where people thought it would go.
This was a natural phenomenon, Sheldon says, even though the devastation experienced by towns and communities was awful.
“The beauty of these river systems is that they are some of the last unregulated rivers in the world. What we’re witnessing is just rivers being rivers. There are no big dams on these systems. There’s no massive irrigation industry. So this is just what big rivers do.”
“But amid the challenges and the loss, Rowlands said the normally dusty flood plains around his home town were already lush and green and “pretty magic”.
And when the waters do recede, he expects these landscapes, normally among the harshest in the world, to explode with life.”
The unforgiving red earth of the Australian outback has undergone a jaw-dropping transformation — and locals are calling it a “once in a lifetime opportunity” to witness Mother Nature at her finest.
Intense flooding submerged usually dry areas of Queensland state in eastern Australia during the last week of March, forcing many people to evacuate and leave their livestock behind.
David Crisafulli, the Queensland premier, called the floods “unprecedented” as several places in western Queensland recorded the worst floods in the last 50 years, CNN reported. Some of the affected areas are normally very dry, including the Munga-Thirri-Simpson Desert, a vast arid region known for its sand dunes.
The rains started on March 23 as an inland low pressure area pulled monsoon rain from the tropical north of Australia into the arid landscape of southern Queensland, The Guardian reported. Cyclone Dianne, which reached Queensland from the west a few days later, further intensified the rains.
With rainfall reaching 600 millimeters (24 inches) over the last week of March, almost double the yearly average of some towns, record-breaking flood levels were reported in central Queensland’s Stonehenge, Jundah and Windorah areas. ABC news called it “the biggest flood in living memory for many people across outback Queensland,” exceeding the infamous 1974 flooding in the region.
In many towns, people were rescued using helicopters.
“We flew over a lot of water. We were just amazed how much water is around our place where we have never seen water before,” resident Ann-Maree Lloyd, evacuated by air from their home in the town of Yaraka, told ABC.
The agriculture industry is also facing significant losses. Crisafulli said more than 140,000 livestock, including cattle, sheep, goats and horses, were reported missing or dead, The Guardianreported on April 2. “This number will continue to rise,” he added. Images online show animals stuck in floods or mud.
Crisafulli said recovery may take years. For the agricultural industry, it means rebuilding some 4,700 kilometers (2,900 miles) of private roads and 3,500 km (2,200 mi) of fencing.
“Not only economically, but psychosocially — we’re already getting reports of landholders that are struggling mentally with the prospect of what they know is to come,” Tony Rayner, mayor of the affected Longreach region, told The Guardian.
Environmental geography professor Steve Turton wrote in The Conversation that some meteorologists have dubbed the recent rains a pseudo-monsoon, “because the normal Australian monsoon doesn’t reach this far south — the torrential rains of the monsoonal wet season tend to fall closer to the northern coasts.”
He added most of the rainwater dumped in the dry areas will now flow slowly through channels on the ground until it fills up Kati Thanda-Lake Eyre, usually a massive, salty, dry depression in the northern region of South Australia state, covering an area of more than 9,000 km2 (3,500 mi2).
“When Kati Thanda-Lake Eyre fills, it creates an extraordinary spectacle,” Turton wrote. Millions of brine shrimp hatch from eggs in the waters, which draw fish carried in the floodwaters, which in turn attract many waterbirds, he added.
Editor’s note: “A new report from Harvard’s Electricity Law Initiative says unless something changes, all U.S. consumers will pay billions of dollars to build new power plants to serve Big Tech.
Data centers are forecast to account for up to 12% of all U.S. electricity demand by 2028. They currently use about 4% of all electricity.
Historically, costs for new power plants, power lines and other infrastructure is paid for by all customers under the belief that everyone benefits from those investments.
‘But the staggering power demands of data centers defy this assumption,’ the report argues.”
AI burns through a lot of resources. And thanks to a paradox first identified way back in the 1860s, even a more energy-efficient AI is likely to simply mean more energy is used in the long run.
For most users, “large language models” such as OpenAI’s ChatGPT work like intuitive search engines. But unlike regular web-searches that find and retrieve data from anywhere along a global network of servers, AI models return data they’ve generated from scratch. Like powering up a nuclear reactor to use a calculator, this tailored process is very inefficient.
“This move is part of a national trend. The data center industry is booming all over, from Virginia to Texas to Oregon, and utilities across the country are responding by building new fossil fuel resources or delaying retirements, all at a time when scientists agree that cutting fossil fuel emissions is more urgent than ever. More than 9,000 MW of fossil fuel generation slated for closure has been delayed or is at risk of delay, and more than 10,800 MW of new fossil fuel generation has been planned, according to the sustainability research and policy center Frontier Group.
The backslide into fossil fuels is alarming to environmental and consumer advocates, and not only because it stands to slow down climate action and extend the harmful effects of fossil fuel use. Some also question the purported growth in demand — meaning utilities could be doubling down on climate-warming coal and gas to meet energy demand that won’t actually materialize.”
Another set of companies lost large fractions of their stock valuations: U.S. power, utility and natural gas companies. Electric utilities like Constellation, Vistra and Talen had gained stock value on the basis of the argument that there would be a major increase in demand for energy due to data centers and AI, allowing them to invest in new power plants and expensive nuclear projects (such as small modular reactor), and profit from this process. [The other source of revenue, at least in the case of Constellation, was government largesse.] The much lower energy demand from DeepSeek, at least as reported, renders these plans questionable at best.
Remembering Past Ranfare
But we have been here before. Consider, for example, the arguments made for building the V. C. Summer nuclear project in South Carolina. That project came out of the hype cycle during the first decade of this century, during one of the many so-called nuclear renaissances that have been regularly announced since the 1980s. [In 1985, for example, Oak Ridge National Laboratory Director Alvin Weinberg predicted such a renaissance and a second nuclear era—that is yet to materialize.] During the hype cycle in the first decade of this century, utility companies proposed constructing more than 30 reactors, of which only four proceeded to construction. Two of these reactors were in South Carolina.
As with most nuclear projects, public funding was critical. The funding came through the 2005 Energy Policy Act, the main legislative outcome from President George W. Bush’s push for nuclear power, which offered several incentives, including production tax credits that were valued at approximately $2.2 billion for V. C. Summer.
The justification offered by the CEO of the South Carolina Electric & Gas Company to the state’s Public Service Commission was the expectation that the company’s energy sales would increase by 22 percent between 2006 and 2016, and by nearly 30 percent by 2019. In fact, South Carolina Electric & Gas Company’s energy sales declined by 3 percent by the time 2016 rolled in. [Such mistakes are standard in the history of nuclear power. In the 1970s, the U.S. Atomic Energy Commission and utility companies were projecting that “about one thousand large nuclear power reactors” would be built “by the year 2000 and about two thousand, mostly breeder reactors, by 2010” on the basis of the grossly exaggerated estimates of how rapidly electricity production would grow during the same period. It turned out that “utilities were projecting four to nine times more electric power would be produced in the United States by nuclear power in 2000 than actually happened”.] In the case of South Carolina, the wrong projection about energy sales was the basis of the $9 billion plus spent on the abandoned V. C. Summer project.
The Racket Continues
With no sense of shame for that failure, one of the two companies involved in that fiasco recently expressed an interest in selling this project. On January 22, Santee Cooper’s President and CEO wrote, “We are seeing renewed interest in nuclear energy, fueled by advanced manufacturing investments, AI-driven data center demand, and the tech industry’s zero-carbon targets…Considering the long timelines required to bring new nuclear units online, Santee Cooper has a unique opportunity to explore options for Summer Units 2 and 3 and their related assets that could allow someone to generate reliable, carbon emissions-free electricity on a meaningfully shortened timeline”.
A couple of numbers to put those claims about timelines in perspective: the average nuclear reactor takes about 10 years to go from the beginning of construction—usually marked by when concrete is poured into the ground—to when it starts generating electricity. But one cannot go from deciding to build a reactor to pouring concrete in the ground overnight. It takes about five to ten years needed before the physical activities involved in building a reactor to obtain the environmental permits, and the safety evaluations, carry out public hearings (at least where they are held), and, most importantly, raise the tens of billions of dollars needed. Thus, even the “meaningfully shortened timeline” will mean upwards of a decade.
Going by the aftermath of the Deepseek, the AI and data center driven energy demand bubble seems to have crashed on a timeline far shorter than even that supposedly “meaningfully shortened timeline”. There is good reason to expect that this AI bubble wasn’t going to last, for there was no real business case to allow for the investment of billions. What DeepSeek did was to also show that the billions weren’t needed. As Emily Bender, a computer scientist who co-authored the famous paper about large language models that coined the term stochastic parrots, put it: “The emperor still has no clothes, but it’s very distressing to the emperor that their non-clothes can be made so much more cheaply.”
But utility companies are not giving up. At a recent meeting organized by the Nuclear Energy Institute, the lobbying organization for the nuclear industry, the Chief Financial Officer of Constellation Energy, the company owning the most nuclear reactors in the United States, admitted that the DeepSeek announcement “wasn’t a fun day” but maintained that it does not “change the demand outlook for power from the data economy. It’s going to come.” Likewise, during an “earnings call” earlier in February, Duke Energy President Harry Sideris maintained that data center hyperscalers are “full speed ahead”.
Looking Deeper
Such repetition, even in the face of profound questions about whether such a growth will occur, is to be expected, for it is key to the stock price evaluations and market capitalizations of these companies. The constant reiteration of the need for more and more electricity and other resources also adopts other narrative devices shown to be effective in a wide variety of settings, for example, pointing to the possibility that China would take the lead in some technological field or the other, and explicitly or implicitly arguing how utterly unacceptable that state of affairs would be. Never asking whether it even matters who wins this race for AI. These tropes and assertions about running out of power contribute to creating the economic equivalent of what Stuart Hall termed “moral panic”, thus allowing possible opposition to be overruled.
One effect of this slew of propaganda has been the near silence on the question of whether such growth of data centers or AI is desirable, even though there is ample evidence of the enormous environmental impacts of developing AI and building hyperscale data centers. Or for that matter the desirability of nuclear power.
As Lewis Mumford once despaired: “our technocrats are so committed to the worship of the sacred cow of technology that they say in effect: Let the machine prevail, though the earth be poisoned, the air be polluted, the food and water be contaminated, and mankind itself be condemned to a dreary and useless life, on a planet no more fit to support life than the sterile surface of the moon”.
But, of course, we live in a time of monsters. At a time when the levers of power are wielded by a megalomaniac who would like to colonize Mars, and despoil its already sterile environment.
Editor’s notes: “A Washington state city has granted part of the Snohomish River watershed legal rights that can be enforced in court. In nearly all cases, state legislatures heavily lobbied by commercial industries have preempted the laws, rendering them unenforceable. But the Everett initiative could be the first to withstand such a challenge. Democrats, typically more open to stronger environmental protections than Republicans, currently control Washington’s Legislature and governorship.”
Efforts to apply the rights of nature in Ecuador have often failed. Legal challenges can become highly politicised and there is little legal infrastructure beyond general constitutional principles.
For example, in a case brought after road builders had dumped material into the Vilcabamba River, plaintiffs claimed to represent nature in court. However, they were not genuinely advocating for the river’s rights – their main concern was protecting their downstream property.
Ultimately, defending the rights of nature in court will be a struggle if the nature in question – the river, forest or lake – is not represented by someone with an ecocentric perspective. That means prioritising the intrinsic value of nature itself, rather than focusing on how it can serve human interests.
“According to the third Kawa, the people and the river are intrinsically linked, so Te Awa Tupua isn’t merely the river but also includes the surrounding communities — which challenges Western notions of property and human-made law. The relationship between the Iwi and the river goes beyond mere geographical proximity and includes spiritual and affective care for each other.”
Biodiversity is declining at rates unprecedented in human history. This suggests the ways we currently use to manage our natural environment are failing.
Many Indigenous peoples have long emphasised the intrinsic value of nature. In 1972, the late University of Southern California law professor Christopher Stone proposed what then seemed like a whimsical idea: to vest legal rights in natural objects to allow a shift from an anthropocentric to an intrinsic worldview.
Here’s what you need to know about one of the fastest-growing environmental and social movements worldwide—to secure legal rights for ecosystems and other parts of the natural world.
By Katie Surma
April 2, 2025
This article originally appeared on Inside Climate News, a nonprofit, non-partisan news organization that covers climate, energy and the environment. Sign up for their newsletter here.
“Rights of nature” is a movement aimed at advancing the understanding that ecosystems, wildlife and the Earth are living beings with inherent rights to exist, evolve and regenerate.
Legal rights are the highest form of protection in most governance systems. In the United States, humans and non-humans have enforceable legal rights, like corporations’ right to freedom of speech.
At the same time, most legal systems treat nature as rightless property that humans can own, use and destroy. That means the law views sentient species like elephants and bald eagles, as well as life-supporting ecosystems like forests and coral reefs, no differently than objects like microwaves or cars.
For the people behind the rights of nature movement, that way of thinking is deeply flawed. It’s also scientifically inaccurate.
Humans are part of nature and depend on ecosystems for survival—from the food we eat to the water we drink and air we breathe. Evolutionary biology shows that humans share a common ancestor with all other life on Earth. Forests, rivers and other biomes provide conditions for human life to thrive. And humans have always shaped the environment and have been shaped by it.
Understanding this interconnectedness is key to understanding that human flourishing ultimately depends on a healthy Earth. Rights of nature activists say most societies have forgotten that basic truth, harming their own wellbeing—and threatening their very survival—as a result.
When did this forgetting happen? Academics have traced the notion that humans are separate from, and superior to, nature back to Renaissance-era thinkers like René Descartes, who compared animals to machines. The idea is also woven into the Bible’s book of Genesis, with God giving man “dominion” over the Earth. Others point to the advent of cities, when masses of people lost regular contact with nature.
Modern legal systems have been shaped by these developments and ideas, thus institutionalizing the belief that nature is an object, or thing, beneath humans.
“Until the rightless thing receives its rights, we cannot see it as anything but a thing for the use of ‘us’—those who are holding rights at the time,” law professor Christopher Stone wrote in the seminal 1972 law review article, “Should Trees Have Standing?” Stone noted that the law has always evolved to extend rights to new groups: moving from white, property-owning men to include women, people of color and children.
In 2006, a rural, conservative Pennsylvania town plagued by industrial pollution enacted the world’s first rights of nature resolution. Since then, scores of countries—including Ecuador, Spain, Bolivia, Colombia, Panama, India, the United States and Uganda—have had court rulings or enacted laws at the national or subnational level recognizing nature’s rights.
The advocates behind these laws argue that if nature’s rights are respected, humans will benefit.
How Do Rights of Nature Laws Differ From Environmental Regulations?
In the course of human history, environmental law is a relatively young field. In the United States, it largely developed in the late 1960s in response to mass pollution wrought by industrialization. Rivers caught fire, pervasive smog blanketed cities and chemicals like DDT were sprayed indiscriminately.
Policymakers enacted legislation like the Clean Water Act and Toxic Substances Control Act to regulate human activity and limit impacts of industry on human health. Those laws did curtail pollution. But rights of nature advocates argue that those conventional laws haven’t stopped the severe environmental problems we face today, like climate change, biodiversity loss and mass pollution.
Advocates say conventional environmental laws have a central flaw: They’re designed to permit pollution. They only control how much.
Rights of nature laws start from an entirely different place. Ecosystems, wildlife and Earth itself are treated as living beings with inherent rights deserving of the highest form of legal protection. The central concern of rights of nature laws is to maintain and preserve the integrity of ecosystems, requiring governments to take a preventative, rather than a reactionary, approach.
Ecuador’s Constitutional Court has said this mandates government officials to respect what is known as the “precautionary principle,” or the idea that, absent adequate scientific evidence, it is better to avoid certain risks that could lead to irreversible damage of ecosystems.
How Do These Laws Work in Practice?
The laws do not give nature’s rights absolute primacy over all other rights and interests.
No legal right is absolute. A right to free speech ends when that speech is defamatory or incites violence. Judges balance competing rights in the decisions they make every day. Nature’s rights are no different.
Rights of nature jurisprudence is still a young field. Most countries with such laws on the books haven’t had lawsuits attempting to enforce them. It’s also important to note that not all rights of nature laws are the same—there is wide variation in how the laws are written and what rights are recognized.
But Ecuador, which constitutionalized nature’s rights in 2008, has seen dozens of cases. There, Mother Earth, or Pachamama, has a right to “integral respect for its existence and for the maintenance and regeneration of its life cycles, structure, functions, and evolutionary processes.”
The Ecuadorian Constitution also requires the government to prevent the “extinction of species, the destruction of ecosystems, and the permanent alteration of natural cycles.”
Not all cases have been favorable for ecosystems. Ecuador’s economy is still largely dependent on oil revenues and other extractive industries.
But Ecuadorian courts have ruled in favor of mangroves, cloud forests, rivers, endangered frogs and coastal marine ecosystems, thwarting mining operations, industrial fishing and other nature-damaging activities. In some cases, courts have ordered the government to restore damaged ecosystems. Cases decided in favor of nature usually have a compelling reason for why nature’s rights ought to prevail over competing interests, like a high risk of extinction for certain species.
In the cloud forest case, the Ecuadorian Constitutional Court explained the importance of protecting a sensitive ecosystem from mining impacts, saying: “[T]he risk in this case is not necessarily related to human beings … but to the extinction of species, the destruction of ecosystems or the permanent alteration of natural cycles.”
In deciding these cases, Ecuadorian courts have depended heavily on scientific experts and evidence. Judges have also looked holistically at the health of ecosystems, rather than at piecemeal levels of pollution—a departure from the way courts tend to evaluate conventional environmental laws.
Scientists have come to the forefront of the movement in other ways. In Panama, for instance, marine biologists were instrumental in the passage of that country’s national rights of nature law.
How Are Rights of Nature Laws Enforced?
Trees and wild animals can’t walk into a courtroom and make their case. But rights of nature laws give ecosystems and species the ability to act in their own capacity under the law with help from people, similar to other non-human entities like corporations, business partnerships, ships and nonprofits.
This is done through a longstanding concept called legal personhood. That legal construct is most commonly used to allow businesses to enter into contracts, sue, be sued, own property and, in the case of corporations, limit the liability of its shareholders.
Each of those nonhuman entities is represented by a human guardian. Similar arrangements are used for minors and incapacitated people in court proceedings.
Who Is Behind This Movement?
Indigenous peoples have been at the forefront of the movement in several ways.
The worldviews of many Indigenous cultures—that humans are part of nature and owe responsibilities to other living beings—are foundational for the movement.
Honoring and preserving those worldviews and related knowledge for centuries has been no small thing. Indigenous communities have faced a long, dark history of colonization and other attempts aimed at eradicating their culture and separating them from their territories. Today, people in many Indigenous communities are still harassed, attacked and sometimes killed for defending water and land.
Indigenous peoples have also been behind many of the laws and court rulings advancing the movement. In New Zealand, Māori people fought for a settlement with the national government, resulting in legal personhood for a river, national park and mountains.
It was Ecuador’s strong Indigenous movements that led to the country becoming the first in the world in 2008 to constitutionally recognize Mother Earth’s rights. Ecuador’s Constitutional Court has also drawn on Indigenous knowledge in deciding rights of nature cases.
Bolivia’s Indigenous movements were behind that country’s 2010 and 2012 laws recognizing the rights of Mother Earth. Enforcement of nature’s rights in Bolivia has proved difficult, however.
Across North America, many Indigenous nations have passed rights of nature laws.
And in Peru, a coalition of Indigenous women won rights for the Marañón River ecosystem, a place the oil industry has heavily polluted for decades. The fight for the Marañón River came at great personal cost for Mariluz Canaquiri Murayari, president of Huaynakana Kamatahuara Kana, and other women in the organization, who were harassed and threatened for their advocacy.
What Are the Criticisms of Rights of Nature Laws?
The biggest opposition to the movement has come from industry groups—developers, the industrial agricultural sector and other polluting industries—and politicians aligned with those interests.
Those opponents argue that giving nature a higher level of protection will impede development and lead to an explosion of litigation. In practice, that hasn’t happened. Barriers to pursuing lawsuits, like the high cost of attorney fees, are substantial.
But the laws do threaten the interests of industries and businesses that have made money off extracting from and monetizing the natural world in unsustainable ways.
Some critics of the movement have questioned whether, if nature has rights, it also has duties: Can a river be sued if it floods and harms humans? Rights of nature advocates respond to this by saying that legal rights, duties and liability are always tailored to the entity they are assigned to.
Corporations, for instance, don’t have a right to family. Nature doesn’t have the capacity to act with intent and therefore should not have legal liability for harm it causes, advocates argue.
Another prevalent charge is that the rights of nature movement is an attempt to force human societies to surrender modern comforts and technology. In practice, though, advocates have sought to rebalance human interests with the health of ecosystems by placing better guardrails around human activity, ensuring the integrity and sustainability of Earth is maintained now and into the future. Advocates argue that humanity isn’t harmed by that but benefits instead.
They also say nothing so quickly forces people to surrender modern comforts as a disaster that destroys their homes and communities, and megadisasters are far more common in a warming world.
Pope Francis’ encyclical Laudato Si’, and papal exhortation Laudate Deum, said humans have a moral duty to protect the Earth.
“For ‘we are part of nature, included in it and thus in constant interaction with it,’” Francis wrote in Laudate Deum.
Ecuadorian activists say the country’s constitutional recognition of nature’s rights has made their country more pluralistic by incorporating the worldviews of Indigenous peoples and is changing the way everyday people think about the Earth, their home.
“We now have a whole generation of young people who have grown up only knowing that nature has rights,” Ecuadorian political scientist Natalia Greene told Inside Climate News. “The law has influenced peoples’ understanding of nature and that is very powerful.”
Learn More
Follow our reporting at Inside Climate News. We’re the only newsroom we know of that has a dedicated rights of nature beat. Start here and here.
Books by Indigenous authors and ecocentric thinkers:
Our system of law and government was founded in racial-divisiveness and colonization and is dominated by corporations. The Community Environmental Legal Defense Fund (CELDF) fights to build sustainable communities by assisting people to assert their right to a local self-government system and the Rights of Nature. Fight for a more just, Earth-centered tomorrow, today.
The Global Alliance for the Rights of Nature(GARN) is a global network of organizations and individuals committed to the universal adoption and implementation of legal systems that recognize, respect and enforce “Rights of Nature”
Banner: To protect it from mining and deforestation, Los Cedros cloud forest was awarded the same rights as people.
Editor’s note: “A study published in 2024 found that a change in insecticide use was a major factor in driving butterfly declines in the Midwest over 17 years. The authors, many of whom were also part of the current study, noted that the drop coincided with a shift to using seeds with prophylactic insecticides, rather than only spraying crops after an infestation.”
“Only the Pacific Northwest didn’t lose butterfly population on average. This trend was largely driven by an irruptive species, meaning one with extremely high abundance in some years – the California tortoiseshell. When this species was excluded from the analyses, trends in the Pacific Northwest were similar to other regions.”
“Imagine a world without the delicate flutter of butterfly wings or the vibrant splashes of color they bring to our gardens. Sadly, this could become a reality sooner than we think. A recent study published in the journal Science has revealed a shocking decline in butterfly populations across most regions of the United States.”
A study in the United States found a dramatic 22% decline in butterfly populations between 2000 and 2020.
Previous research has focused on a specific butterfly species or regions of the country. For this study, researchers wanted to understand overall butterfly population trends across the U.S.
They gathered records of 12.6 million individual butterflies across 554 species, from more than 76,000 surveys, many conducted by citizen science groups in nearly 2,500 locations.
The researchers found that total butterfly numbers were down by 22% over the first two decades of this century. It’s a concerning trend, said Collin Edwards, lead author of the study and an ecological modeler with the state of Washington Fish and Wildlife Department.
To put it in context, “for someone who was born in 2000, one out of every five butterflies had disappeared by the time they became an adult,” Edwards told Mongabay by phone.
The 22% decline is an average. Of the 554 species examined, 107 declined by at least 50% and 22 species declined by more than 90%.
At the same time, nine species saw population increases. The eastern population of the monarch (Danaus plexippus) doubled in 2025, though its overall population is still down roughly 80%, prompting the iconic butterfly to be proposed for the U.S. endangered species list.
Several of the nine species that increased in population are predominantly found in Mexico; the U.S. is the northern edge of their range. Edwards said with a warming climate, many butterfly species are shifting their habitats north.
“If the southern edge of their limit is just barely cold enough for them, as the climate warms, that’ll get worse. But the northern edge where it used to be a little bit too cold will start to get warm enough,” Edwards said.
This study adds to a growing body of research showing a global decline in insect populations, raising concerns about a depleting food source for many animals including birds and frogs, which are facing population crashes in their own right.
Furthermore, while bees get most of the glory, butterflies are also critical pollinators. A 2021 study in Texas found butterflies provide about $120 million per year in pollination services for cotton.
Tierra Curry, a senior scientist with the Center for Biological Diversity, told Mongabay by email that “this is a landmark study” that “shows that we need to take urgent action to safeguard butterflies. Every action we take to help pollinators also helps us because our fate is directly tied to their health.” Curry wasn’t involved with this research.
Edwards said this study focused on butterflies because that’s the order of insects they had data for, but he added there’s “every reason to think that if butterflies are declining there are probably similar declines in other groups of insects,” especially since the drivers of decline — habitat loss, climate change and pesticides — affect most insects.
