What Are the Origins of the Money?

What Are the Origins of the Money?

Editor’s note: This is a difficult concept to understand. The reason is because we have been taught the opposite all our lives. Taxes don’t fund spending. The spending must be done first so that taxes can be paid. So it is not tax and spend, it is spend and tax. Our taxes don’t fund anything. That is why nobody asks how are we going to fund the military. Money is a government issued tax credit. Its value is derived from the violence that may be necessary to collect the tax. The government creates money by giving it to people for goods and/or services(guns or butter). Which then gives those people the ability to pay the tax. People accept the money out of fear of that violence. The tax collector has to be paid or promised to be paid before they perpetuate that violence(police). The money must be created first so that people can pay their taxes with it. It is spent into existence. Taxes create the necessity for money.  A “deficit” just keeps score of how much extra money the government paid to people but was not collected as taxes. Much like beyond a certain point, how much money you have is just keeping score. The government cannot run out of its own money. Just like a baseball game has no limit on the score. What a government spends(creates) its money for are political decisions which are only constrained by the physical “resources” of the living planet.

Modern Monetary Theory

Seven Deadly Innocent Frauds of Economic Policy

  1. The government must raise funds through taxation or borrowing in order to spend. In other words, government spending is limited by its ability to tax or borrow.
  2. With government deficits, we are leaving our debt burden to our children.
  3. Government budget deficits take away savings.
  4. Social Security is broken.
  5. The trade deficit is an unsustainable imbalance that takes away jobs and output.
  6. We need savings to provide the funds for investment.
  7. It’s a bad thing that higher deficits today mean higher taxes tomorrow.

How does civilization collapse? First slowly, then suddenly. Civilizational complexity solves human problems. – (Joseph Tainter) Maybe that is a solution in search of a problem.  Never asking, just because we can does not mean that we should, e.g., technology, splitting the atom, agriculture.

The entire global money system in under 15 minutes


By Michael Hudson / WIKI Observatory

The pioneering research by one of the founders of economic anthropology is essential for understanding the social and institutional processes that gave rise to money as we know it.

 

The late 19th century saw economists, mainly German and Austrian, create a mythology of money’s origins that is still repeated in today’s textbooks. Money is said to have originated as just another commodity being bartered, with metal preferred because it is nonperishable (and hence amenable to being saved), supposedly standardized (despite fraud if not minted in temples), and thought to be easily divisible—as if silver could have been used for small marketplace exchanges, which was unrealistic given the rough character of ancient scales for weights of a few grams.[1]

This mythology does not recognize government as having played any role as a monetary innovator, sponsor, or regulator, or as giving money its value by accepting it as a vehicle to pay taxes, buy public services, or make religious contributions. Also downplayed is money’s function as a standard of value for denominating and paying debts.[2]

Although there is no empirical evidence for the commodity-barter origin myth, it has survived on purely hypothetical grounds because of its political bias that serves the anti-socialist Austrian school and subsequent “free market” creditor interests opposing government money creation.

Schurtz’s Treatment of Money as Part of the Overall Social System

As one of the founders of economic anthropology, Heinrich Schurtz approached the origins of money as being much more complex than the “economic” view that it emerged simply as a result of families going to the marketplace to barter. Surveying a wide range of Indigenous communities, his 1898 book, An Outline of the Origins of Money, described their trade and money in the context of the institutional system within which members sought status and wealth. Schurtz described these monetary systems as involving a wide array of social functions and dimensions, which today’s “economic” theorizing excludes as external to its analytic scope.

Placing money in the context of the community’s overall system of social organization, Schurtz warned that anyone who detaches “sociological and economic problems from the environment in which they emerged… their native land… only carries away a part of the whole organism and fails to understand the vital forces that have created and sustained it.”

Looking at Indigenous communities as having preserved presumably archaic traditions, Schurtz viewed trade with outsiders as leading wealth to take an increasingly monetary form that eroded the balance of internal social relations. Schurtz deemed the linkage between money, debt, and land tenure to lie beyond the area on which he focused, nor did he mention contributions to group feasts (which historian Bernard Laum suggested as the germ from which Greek obols and drachmas may have evolved).[3]

The paradigmatic forms of Indigenous wealth were jewelry and other items of personal adornment, decorations, and trophies, especially foreign exotic products in the form of shells and gemstones or items with a long and prestigious history that gave their wearers or owners status.

Thorstein Veblen would call the ownership and display of such items conspicuous consumption in his 1899 book, TheTheory of the Leisure Class. They had an exchange value, as they do today, but that did not make them monetary means of exchange. Schurtz saw many gray areas in their monetization: “Beads made of clay and stone are also crafted by Indigenous people and widely used as ornaments but rarely as money.”

At issue was how a money economy differs from barter and from the circulation and exchange of useful and valued items in a social economy. Was Indigenous exchange and wealth pre-monetary, an archaic seed that led to money’s “more ideal forms?”

Schurtz’s Distinction Between Inside-Money and Outside-Money

Exchange with outsiders was typically conducted by political leaders as the face of their communities to the outside world. Trade (and also payment of tribute) involved fiscal and social relations whose monetary functions differed from those of the domestic economy but ended up dovetailing with them to give money a hybrid character. Schurtz distinguished what he called outside-money from inside-money, with outside-money ultimately dominating the inside monetary system.

“The concept of money,” he wrote, originated “from two distinct sources: What functions as the foundation of wealth and measure of value for property and serves social ends within a tribe is, in its origins, something entirely different from the means of exchange that travels from tribe to tribe and eventually transforms itself, as a universally welcomed commodity, into a kind of currency.”

Inside-money was used within communities for their own exchange and wealth. Outside-money was derived from transactions with outsiders. And what was “outside” was a set of practices governing trade outside the jurisdiction of local governance.[4]

Schurtz’s distinction emphasized a characteristic of trade that has continued down through today’s world: the contrast between domestic payments subject to checks and balances to protect basic needs and navigating status hierarchies but (ideally) limiting sharp wealth disparities, and exchange with outsiders, often conducted on islands, quay areas, or other venues socially outside the community’s boundaries, subject to more impersonal standardized rules.

Throughout the ancient world, we find offshore island entrepots wherever they are conveniently located for conducting trade with outsiders.

These islands kept foreign contact at arm’s length to prevent mercantile relations from disturbing the local economic balance. Egypt restricted foreign contacts to the Delta region where the Nile flowed into the Mediterranean. For the Etruscans, the island of Ischia/Pithekoussai became the base for Phoenician and Greek merchants to deal with the Italian mainland in the eighth and seventh centuries BCE. North Germans seem to have conducted the Baltic amber trade through the sacred island of Helgoland.

“The emergence of specific internal monetary systems is always supported by the inclination to transform outside-money into inside-money, and to employ money not to facilitate external trade, as one might assume according to common theories, but rather to obstruct it,” Schurtz concluded. In his chapter, “Metal as Ornament and Money,” he pointed out that it was foreign trade that led metal to become the primary form of money. “While most varieties of ornament-money gradually lose their significance, one of them, metal-money, asserts its ground all the more and finally pushes its competitors out of the field.” He added that: “Metal-money made from noble metals is not a pure sign-money, it is at the same time a valuable commodity, the value of which depends on supply and demand. In its mature form, it therefore in itself embodies the fusion of inside-money with outside-money, of the sign of value and valuable property with the means of exchange.”[5]

This merging of inside- and outside-money is documented already in the third millennium BCE in the Near East. Silver-money was used for long-distance trade and came to be used for domestic enterprise as well, while grain remained the monetary vehicle for denominating agrarian production, taxes, and debt service on the land, and for distribution to dependent labor in Mesopotamia’s temples and palaces.

Schurtz also questioned whether the dominance of metallic money emerged spontaneously in many places or whether there was a diffusion from a singular origin, that is, “whether a cultural institution has grown in situ or whether it has been transferred from other regions through migration and contact between societies.” The diffusion of Mesopotamian weights is associated with silver points to its diffusion from that region, as does the spread of the region’s practice of setting interest rates simply for ease of calculation in terms of the local fractional arithmetic system (60ths in Mesopotamia for a shekel per mina a month, 10ths or percentages in decimalized Greece, and 12ths in Rome for a troy ounce per pound each year).

Checks and Balances to Prevent the Selfish Concentration of Wealth

What does seem to have developed spontaneously were social attitudes and policies to prevent the concentration of wealth from injuring economic balance. Wealth concentration, especially when achieved by depriving cultivators of their means of livelihood, would have violated the ethic of mutual aid that low-surplus economies need as a condition for their resilience.

Viewing money as part of the overall social context, Schurtz described “the social transformation brought about by wealth” as a result of monetizing trade and its commercial pursuit of profit, or “acquisitiveness”:

“[E]veryone is now compelled to join in the competition for property or he will be pulled into the vortex created by one of the newly emerging centers of power and property, where he will need to work hard to be able to live at all. For the property owner, no temporal limit constrains his view on the perpetual increase of his wealth.”

Schurtz characterized the economic mentality as a drive for “the unlimited accumulation of movable property,” to be passed on to one’s children, leading to the creation of a wealthy hereditary class. If archaic societies had this ethic, could ancient civilizations have taken off? How did they prevent the growth of wealth from fostering an oligarchy seeking to increase its wealth at the expense of the community at large and its resilience?

Schurtz reviewed how Indigenous communities typically avoided that fate by shaping a social value system that would steer wealth away from being used to achieve predatory power over others. He cited numerous examples in which “immense treasures often accumulate without reentering the transactions of daily life.” One widespread way to do this was simply to bury wealth. “The primitive man,” he wrote, “believes that he will have access to all the goods given to him in the grave, even in the afterlife. Thus, he too knows no bounds to acquisition.”

Taking his greed and wealth with him to use in the hereafter prevents hoarded wealth from being inherited “and growing into a dangerous instrument of power” by becoming dynastic; ultimately operating “on the belief that the deceased does not give up his rights of ownership but jealously guards over his property to ensure that no heir makes use of it.” A less destructive removal of wealth from its owners was to create an ethic of peer pressure in which individuals gained status and popular acclaim by accumulating wealth to give away. Schurtz wrote:

“[R]emnants of the ancient communism remain alive enough for a long time to effectively block attempts to amass as many assets as possible in a single hand. And in places without an actual system of debt and interest, the powerful individual, into whose house the tributes of the people flow, has indeed little choice but to ‘represent’ by way of his wealth: in other words, to allow the people to participate in his indulgences.”

Such an individual achieves philanthropic renown by generously distributing his possessions to “his friends and followers, winning their hearts and thereby establishing real power based on loyal devotion.” One widespread practice was to celebrate marriages, funerals, and other rites of passage by providing great feasts. This “extraordinary… destruction and squandering of valuable property, particularly livestock and food, during those grand festivals of the dead that evolved out of sacrifices and are, among some peoples, not only an effective obstacle to the accumulation of wealth but have turned into economic calamities” when families feel obliged to take on debt to host such extravagant displays.

Religious officials and temples often played a role in such rituals. Noting that “money, trade, and religion had a good relationship with one another in antiquity,” Schurtz cited the practice of donating wealth to temples or their priesthoods. But he recognized that this might enable them to “gain dominance through the ownership of money” under their control.

“The communist countermeasures against wealth generally do not endure,” Schurtz wrote. “Certain kinds of property seem to favor greed directly, especially cattle farming, which can literally turn into a hoarding addiction.” He described communalistic values of mutual aid as tending to break down as economies polarized with the increase in commercial wealth.

Schurtz also noted that the social checks on personal wealth-seeking did not apply to economies that developed a “system of debt and interest.” Wealth in the form of monetary claims on debtors was not buried and could hardly be redistributed to the population at large, whose members typically were debtors to the rising creditor interest.

The only way to prevent such debts from polarizing society was to cancel them. That is what Near Eastern rulers did, but Schurtz’s generation had no way of knowing about their Clean Slate proclamations.

Starting with the very outset of debt records c. 2500 BCE in Sumer, and continuing down through Babylonia, Assyria, to their neighbors, and on through the early first millennium BCE, rulers annulled financial claims on agrarian debtors. That prevented creditors from concentrating money and land in their own hands. One might say that these debt cancellations and land redistributions were the Near Eastern alternative to destroying material wealth to preserve balance. These royal acts did not destroy physical wealth but simply wiped out the debt overhead to maintain widespread land tenure and liberty for the population at large.

Canceling agrarian debt was politically feasible because most personal debts were owed to the palace sector and its temples or their officials. Royal Clean Slates seemed so unthinkable when they began to be translated around the turn of the last century that early readers hardly could believe that they actually were enforced in practice. François Thureau-Dangin’s French translation of the Sumerian ruler Enmetena’s (c. 2400 BCE) proclamation in 1905 was believed by many observers to be too utopian and socially disruptive to have been followed in practice, as was the Biblical Jubilee Year of Leviticus 25.[6]

But so many such proclamations have been found, extending so continuously over thousands of years—along with lawsuits in which judges upheld their increasing detail—that there is no doubt that these acts did indeed reconcile the accumulation of monetary wealth with social resilience by blocking the creation of predatory oligarchies such as those that would emerge in classical Greece and Rome and indeed survive into today’s world.

Monetary Innovations in the Bronze Age Near Eastern Palaces and Temples

Economic documentation in Schurtz’s day was able to trace monetary practice only as far back as classical Greece and Rome. There was a general belief that their practices must have evolved from Indigenous Indo-European speakers. Marcel Mauss would soon treat the gift exchange of the Kwakiutl tribe of the Canadian Pacific Northwest (with their competitive one-upmanship) as the prototype for the idea of charging interest. But monetary interest has a specific stipulated rate, with payments due on specific periodic dates set by written contracts. That practice stems from Sumer in the third millennium BCE, along with silver (and grain) money and related financial innovations in the economic big bang that has shaped subsequent Western economic evolution.

Money’s function as a standard of valuation did not play a big role in Schurtz’s survey. But subsequent archaeological research has revealed that money’s emergence as part of an overall institutional framework cannot be understood without reference to written account-keeping, denominating debt accruals, and fiscal relations. Money, credit/debt, and fiscal obligations have all gone together since the origins of written records in the ancient Near East.

Near Eastern fiscal and financial records describe a development of money, credit, and interest-bearing debt that neither the barter theory nor Schurtz’s ethnographic studies had imagined. Mesopotamia’s “more ideal” money evolved out of the fiscal organization of account-keeping and credit in the palaces and temples of Sumer, Babylonia, and their Bronze Age neighbors (3200–1200 BCE). These Near Eastern economies were larger in scale and much more complex and multilayered than most of the Indigenous communities surveyed by Schurtz.

In contrast to largely self-sufficient communities, southern Mesopotamia was obliged to engage in large-scale and long-distance trade because the region’s river-deposited soil lacked metal, stone, and even hardwood. The region’s need for raw materials was far different from the trade and “monetization” of luxuries by the relatively small-scale and self-sufficient communities studied by Schurtz and hypothesized by economists imagining individuals bartering at their local market. In these communities, he noted: “The amount of metal shaped into ornaments almost always far outweighs the amount transformed into practical tools.” Mesopotamia’s trade had to go far beyond personal decorative luxuries and prestige commodities or trophy items.

An entrepreneurial merchant class was needed to obtain these raw materials, along with a specialized labor force, which was employed by the temples and palaces that produced most export handicrafts, provisioned corvée labor to work on public infrastructure, served as mints and overseers of weights and measures, and mediated most monetary wealth and debt. This required forward planning and account-keeping to feed and supply labor (war widows, orphans, and slaves) in their weaving and other handicraft workshops and to consign their output to merchants for export. Calculating the cost of distributing food and raw materials within these large institutions and valuing their consignment of goods to merchants required designing standard weights and measures as the basis for this forward planning. Selecting monetary units was part of this standardization of measuring costs and value.

This made possible the calculation of expected rental income or shortfalls, along with profit-and-loss statements and balance sheets. The typical commodity to be distributed was grain, which served as a standard of value for agrarian transactions and credit balances that mounted up during the crop year for advances to sharecroppers, consumption such as beer from ale-women, and payments to priests for performing ceremonial functions. Their value in grain was to be paid at harvest time.

The calculation of food rations for distribution to the various grades of labor (male, female, and children) enabled the costs to be expressed in grain or in workday equivalents.

Schurtz would have called this grain “inside-money,” and regarded as “outside-money” the silver minted by temples for dealing with foreign trade and as the basic measure of value for business transactions with the palace economy and for settling commercial obligations. A mina (60 shekels) of silver was set as equal to a corresponding unit of grain as measured on the threshing floor. That enabled accounts to be kept simultaneously in silver and grain.

The result was a bi-monetary grain-silver standard reflecting the bifurcation of early Mesopotamian economies between the agrarian families on the land (using grain as “inside-money”) and the palatial economy with its workshops, foreign trade, and associated commercial enterprise (using silver as “outside-money”).

Prices for market transactions with outsiders might vary, but prices for debt payments, taxes, and other transactions with large institutions were fixed.

Schurtz’s conclusion that the rising dominance of commercial money tended to break down domestic checks and balances protecting the Indigenous communities that he studied is indeed what happened when commercial debt practices were brought from the Near East to the Aegean and Mediterranean lands around the eighth century BCE.

Having no tradition of royal debt cancellations as had existed in the Near East ever since the formative period of interest-bearing debt, the resulting decontextualization of credit practices fostered financial oligarchies in classical Greece and Rome. After early debt cancellations and land redistribution by populist “tyrants” in the seventh and sixth centuries BCE, the ensuing classical oligarchies resisted popular revolts demanding a revival of such policies.

The dynamics of interest-bearing debt and the pro-creditor debt laws of classical antiquity’s creditor oligarchies caused economic polarization that led to five centuries of civil warfare. These upheavals were not the result of the coinage that began to be minted around the eighth century BCE, as many 19th-century observers believed, mistakenly thinking that Aegean coinage was the first metallic money. Silver-money had been the norm for two millennia throughout the Near East, without causing disruption like that experienced by classical antiquity. What polarized classical antiquity’s economies were pro-creditor debt laws backed by political violence, not money.

Conclusion and Discussion

Schurtz’s starting point was how communities organized the laws of motion governing their distribution of wealth and property. He viewed money as emerging from this institutional function with a basically communalistic ethic. A key characteristic of Indigenous economic resilience was social pressure expecting the wealthy to contribute to social support. That was the condition set by unwritten customs for letting some individuals and their families become rich.

Schurtz and subsequent ethnologists found a universal solution for reconciling wealth-seeking with community-wide prosperity to be social pressure for wealthy families (that was the basic unit, not individuals) to distribute their wealth to the citizenry by reciprocal exchange, gift-giving, mutual aid, and other forms of redistribution, and providing large feasts, especially for rites of passage.

This was a much broader view than the individualistic economic assumption that personal gain-seeking and, indeed, selfishness were the driving forces of overall prosperity. The idea of monetizing economic life under communalistic mutual aid or palace direction was and remains anathema to mainstream economists, reflecting the worldview of modern creditors and financial elites. Schurtz recognized that mercantile wealth-seeking required checks and balances to prevent economies from impoverishing their members.

The problem for any successfully growing society to solve was how to prevent the undue concentration of wealth obtained by exploitative means that impaired overall welfare and the ability of community members to be self-supporting. Otherwise, economic polarization and dependency would lead members to flee from the community, or perhaps it simply would shrink and end up being defeated by outsiders who sustained themselves by more successful mutual aid.

As noted above, Schurtz treated the monetization of wealth in the form of creditor claims on debtors as too post-archaic to be a characteristic of his ethnographic subjects. But what shaped the context for monetization and led “outside-money” to take priority over inside-money were wealth accumulation by moneylending and the fiscal and military uses of money. Schurtz correctly rejected Bruno Hildebrand’s characterization of money as developing in stages, from small-scale barter to monetized economies becoming more sophisticated as they evolved into financialized credit economies.[7]

And, in fact, the actual historical sequence was the reverse. From Mesopotamia to medieval Europe, agrarian economies operated on credit during the crop year. Monetary payment occurred at harvest time to settle the obligations that had accumulated since the last harvest and to pay taxes. This need to pay debts was a major factor requiring money’s development in the first place. Barter became antiquity’s final monetary “stage” as Rome’s economy collapsed after its creditor oligarchy imposed debt bondage and took control of the land.

When emperors were unable to tax this oligarchy, they debased the coinage, and life throughout the empire devolved into local subsistence production and quasi-barter. Foreign trade was mainly for luxuries brought by Arabs and other Near Easterners. The optimistic sequence that Hildebrand imagined not only mistakenly adopted the barter myth of monetary origins but also failed to take debt polarization into account as economies became monetarized and financialized.

Schurtz described how the aim of preventing the maldistribution of wealth was at the heart of Indigenous social structuring. But it broke down for various reasons. Economies in which family wealth took the form of cattle, he found, tended to become increasingly oppressive to maintain the polarizing inequality that developed. The same might be said of credit economies under the rising burden of interest-bearing debt. Schurtz noted the practice of charging debtors double the loan value—and any rate of interest indeed involves an implicit doubling time.

That exponential dynamic is what polarizes financialized economies. In contrast to Schurtz, mainstream economists of his generation avoided dealing with the effect of monetary innovation and debt on the distribution of wealth. The tendency was to treat money as merely a “veil” of price changes for goods and services, without analyzing how credit polarizes the economy’s balance sheet of assets and debt liabilities. Yet, the distinguishing feature of credit economies was the use of moneylending as a lever to enrich creditors by impoverishing debtors. That was more than just a monetary problem. It was a political creditor/debtor problem and, ultimately, a public/private problem.

The issue was whether a ruler or civic public checks would steer the rise in monetary wealth in ways that avoided the creation of creditor oligarchies.

Most 19th-century and even subsequent economic writers shied away from confronting this political context, leaving the most glaring gap in modern economic analysis. It was left to the discovery of cuneiform documentation to understand how money first became institutionalized as a vehicle to pay debts. This monetization was accompanied by remarkable success in sustaining rising wealth while preventing its concentration in the hands of a hereditary oligarchy. That Near Eastern success highlights what the smaller and more anarchic Western economies failed to achieve when interest-bearing debt practices were brought to the Mediterranean lands without being checked by the tradition of regular cancellation of personal nonbusiness debt.

Credit and monetary wealth were privatized in the hands of what became an increasingly self-destructive set of classical oligarchies culminating in that of Rome, which fought for centuries against popular revolts seeking protection from impoverishing economic polarization.

The devastating effects of transplanting Near Eastern debt practices into the Mediterranean world’s less communalistic groupings show the need to discuss the political, fiscal, and social-moral context for money and debt. Schurtz placed monetary analysis in the context of society’s political institutions and moral values and explained how money is a product of this context and, indeed, how monetization tends to transform it—in a way that tends to break down social protection. His book has remained relatively unknown over the last century, largely because his institutional anthropological perspective is too broad for an economics discipline that has been narrowed by pro-creditor ideologues who have applauded the “free market” destruction of social regulation aimed at protecting the interests of debtors.

That attitude avoids recognizing the challenges that led the Indigenous communities studied by Schurtz, and also the formative Bronze Age Near East, to protect their resilience against the concentration of wealth, a phenomenon that has plagued economies ever since classical antiquity’s decontextualization of Near Eastern debt practices.

Banner Photo by Towfiqu barbhuiya on Unsplash

First Major U.S. Refinery Built in 50 Years Sited for Texas

First Major U.S. Refinery Built in 50 Years Sited for Texas

Editor’s note: Brownsville, Texas – “Element Fuels has received the necessary permitting to construct and operate a refinery capable of producing in excess of 160,000 barrels, or approximately 6.7 million gallons, per day of finished gasoline, diesel, and jet fuel,” said Founder and Co-CEO John Calce. “A permit for a greenfield refinery of this size, scope, and functionality has not been granted in the United States since the 1970’s. This speaks to the innovative approaches we are taking to address climate and sustainability concerns in cleaner, greener ways that are new to the refinery space.”

Though Marathon was built in 1976, it is considered the last significant oil refinery built in the United States.

That’s partly because of community opposition to new refineries, a position that people in Garyville understood well last month.

“It’s hard to explain the mixed emotions that come with living in the conditions that we have been forced to live in here,” said Robert Taylor, who lives in the vicinity of the plant, in the community of Reserve. “Why are we designated as a sacrifice zone?”

“Though Marathon was built in 1976, it is considered the last significant oil refinery built in the United States.

That’s partly because of community opposition to new refineries, a position that people in Garyville understood well last month.

“It’s hard to explain the mixed emotions that come with living in the conditions that we have been forced to live in here,” said Robert Taylor, who lives in the vicinity of the plant, in the community of Reserve. “Why are we designated as a sacrifice zone?”

Taylor grew up among the sugarcane fields of this part of St. John the Baptist Parish. The sugar mill where his parents worked once stood on the very spot where the Marathon Refinery was built.

During Taylor’s lifetime, the entire area switched focus, from cane to crude.

For decades now, he has fought the petrochemical plants here, in what’s become known as Cancer Alley. In 2015, Taylor founded the Concerned Citizens of St. John the Baptist Parish, after a National Air Toxics Assessment revealed that residents of the parish have the highest lifetime cancer risk in the nation because of emissions of chloroprene and ethylene oxide from nearby plants.

Before Marathon opened 47 years ago, Taylor said, a small community called Lions stood on that plot of land. Townspeople would gather on Sundays at Zion Travelers Baptist Church, which had its own tidy little cemetery.

But in the mid-1970s, after a whir of pounded beams and sky-high metal towers, tied together by a maze of pipes, Marathon took over the grounds and built what became the nation’s second-largest refinery.”

California losing another refinery, impacting AZ and NV; fuel shortages possible


By Jim Haugen / WAGING NONVIOLENCE

Promotional material from the Husky Friends campaign. (Modest Proposals)

“We were wondering if Mayor Paine is available?” I asked. My words were muffled by the dog mascot costume I was wearing. Next to me was a canvasser and the two camera operators filming us. We were at City Hall in Superior, Wisconsin on April 25 to spread the word about Husky Friends — the name we’d given to a so-called community outreach initiative from Husky Energy, owner of the local refinery that exploded in 2018 and triggered an evacuation of much of the city. With the refinery possibly reopening, Husky Friends was there to “assuage residents’ concerns.”

“Oh sure! Let me see if he has a moment,” the receptionist responded.

Wait, what!? This wasn’t supposed to be happening. We thought it’d be interesting to get footage of a dog mascot trying to meet the mayor, but we never thought he’d actually come out and talk with us.

He stepped out of his office, and we haltingly introduced Husky Friends, explaining that we were there to “address some of the community concerns about the use of hydrogen fluoride,” or HF —  a lethal chemical used in oil refining that was almost released during the 2018 explosion, putting the entire populations of both Superior and nearby Duluth, Minnesota at grave risk. Cenovus Energy, which recently acquired Husky Energy, is rebuilding the refinery and intends to continue using the chemical.

Mayor Paine took a pamphlet, thanked us for coming and went back into his office.

The footage of this meeting would later show up on evening news segments on the local CBS and NBC affiliates in Duluth. However, by this time, the truth about Husky Friends had been exposed. The news correctly reported that it was actually just an elaborate satire — concocted by my activist group, Modest Proposals, in collaboration with local residents in an attempt to draw attention to the danger of the Superior Refinery.

The day before our hoax was exposed, thousands of postcards were distributed to residents living close to the refinery. They advertised Husky Friends and directed them to a website where anyone in the “friend zone” could sign up to receive a text warning 15 minutes after any HF release (while noting the real danger was within 10 minutes of a leak). The website also described a “neighbor compassion kit” featuring a burn cream for a chemical that can more-or-less kill on contact and a “Kid’s Room Gas Detector” that would play nursery rhymes if it detected HF.

We announced Husky Friends in a press release the following day, the anniversary of the explosion, and stayed in character until inevitably being exposed. Local TV stations, Wisconsin Public Radio, and numerous smaller newspapers all ran stories. We then capitalized further by sending repeated rounds of postcards on subsequent days which finally goaded Cenovus into circulating their own mailer to Superior residents denouncing our “inappropriate tactics” and reassuring them that the refinery was safe — essentially re-broadcasting our message for us.

“Gibraltar Explosion” by Josh13770 is licensed under CC BY 2.0.

A wider problem and opportunity

Husky Friends was a locally-targeted action that re-animated a pressing issue long since faded from local headlines — thereby giving residents against the re-opening an opportunity to take advantage of its publicity. Not every city needs a dog mascot to talk to their mayor, but dedicating resources to local organizing efforts aimed at closing down oil refineries is something the climate movement should prioritize. There are huge opportunities to address the poisonous injustice of refineries’ sacrifice zones, and to strike a critical blow against the oil industry in the midst of the climate emergency.

Husky Friends may have used humor, but its message about the danger refineries pose was deadly serious — and by no means exclusive to Superior and Duluth. Approximately a third of refineries in the United States currently use hydrogen fluoride, many of them near population centers. Several have even had near-miss accidents in the past few years. Refineries also spew carcinogens, neurotoxins and hazardous metals onto surrounding communities, leading to a litany of health problems, including cancer, chronic respiratory illness and birth defects. All this pollution creates sacrifice zones, with people living around them frequently being low income, BIPOC communities many of whom lack the resources to move. The danger refineries pose has been exacerbated in recent years, as many of them are aging facilities with decaying equipment in dire need of expensive repairs that can take years. More accidents are “just a matter of time,” according to the U.S. chemical safety board.

Despite its urgent need, funding has been hard for the refining industry to come by since many investors don’t see a long-term market for fossil fuels. According to energy economist Ed Hirs  from the University of Houston, “Just getting the equipment you need could take three years. Electric vehicles might already make up 20 percent of the car market by then. You could find yourself investing a bunch of cash to rebuild a refinery that may not be needed for long.” Investor hesitancy naturally translates into a lack of funding for building any new refineries. There has not been a new refinery with significant capacity built since 1977, and even the CEO of Chevron has stated that “I don’t think you are ever going to see a refinery built again in this country.”

In the midst of the climate emergency, we need to look for the most effective use of movement resources to end fossil fuels as quickly as possible. The wariness of investors to finance  necessary repairs make refineries a critical strategic vulnerability. Every refinery closed will likely never reopen. Every refinery closed can be an end to part of the vast fossil fuel apparatus destroying our planet.

How we get there 

Any successful campaign needs to be specific about how it achieves its goals. A mentor of mine has a useful metaphor to break down campaigning specifics: If a campaign is a war, it needs an air war, and a ground war. Air war is about seizing or changing the narrative — much like Husky Friends did. Ground war is building power through relational organizing and grassroots base building. Air war creates the initiative and the ground war utilizes it to build organizations capable of wielding power. Successful campaigning needs both.

The air war gets waged using society’s means of information distribution, and its mediums are the tools of any political campaign: postcards, lawn signs, PR and perhaps most importantly advertising. The fossil fuel industry understands the impact of these tools and uses these tactics to garner local support. Enbridge Energy ran a plethora of ads in local newspapers for years to shape the narrative toward supporting its Line 3 oil sands pipeline in Northern Minnesota. Looking at these ads, you’d think that the pipeline had the support of local Indigenous tribes and was a boon for local jobs and the economy — when in fact many tribes fiercely resisted the pipeline, most of the workers came from out of state, and the pipeline brought an influx of harassment, violence and sex trafficking.

Environmental groups who opposed the pipeline had trouble getting enough resources to counter with their own message, which had the result of allowing Enbridge to monopolize critical channels of information distribution and opportunities to shape public perception. Even in heavily Trump-supporting Northern Minnesota such messaging could have had an effect. Citizens of Park Rapids cared enough about their water to take their city council to task over selling Enbridge water for Line 3 construction in the middle of 2021’s historic drought. If information about the threat that Line 3 poses to their water, and Enbridge’s abysmal safety record was more widely disseminated, it’s not hard to imagine more local residents joining the struggle.

None of this, however, is to fault the Indigenous leadership and brave frontline activists who fought Line 3. Instead, it’s a call to consider what they might have accomplished if they had more resources at their disposal to use the same local channels of information distribution that their opponents effectively weaponized against them.

Building power 

As anyone who has been part of a volunteer based organization can tell you, there is always too much to do, never enough time and never enough people to do it. That’s why we need to find a way to send help in the form of others who can devote their time and labor to these groups.

Such help could take shape in a variety of ways, depending on the status of local efforts. If local organizations are already well developed, sending people to do canvassing, phone calls and the endless clerical minutiae involved in advocacy can free up critical time resources for frontline activists. If they need more of a boost, experienced organizers can be sent in as well to advise and facilitate residents actualizing power with grassroots base building, identifying and developing leaders, and all the nuts and bolts of community organizing.

Organizing and directing community power is a skill — and like all skills, experience is the best teacher. Frontline communities should be able to benefit from and utilize the knowledge accumulated by other successful frontline organizers and activists. People living in sacrifice zones deserve a livable environment and deserve assistance in building the power necessary to create that livable environment.

However, when sending personnel to frontline communities, organizers must always understand that they are a facilitator for collective needs — not a leader — and therefore act accordingly. The climate movement has been historically staffed by people with privilege, but by dedicating financing and personnel to disadvantaged communities, they can bring more voices, especially the voices of people oppressed by the fossil fuel industry, into the larger struggle.

Targeting the right decision maker

Every refinery in the United States is operating under an air quality permit mandated by Title 5 of the Clean Air Act. These permits are required by the federal government, but are administered at the state or local level, and are supposed to come up for renewal every five years. There are two possible decision makers to pressure. One of them is state and local governments, who can be pressured not to renew, or to outright revoke the permits. The other is the EPA, which holds veto power over any Title 5 permit. The Biden administration has pledged to incorporate environmental justice into its policy decisions, and whatever its shortcomings on climate action may be, at the end of the day they are movable on environmental issues.

Whether the best pressure point is federal, state or local governments will depend on which is most effective for each campaign. For example, the people around the oil refinery in Tacoma, Washington may want to pressure Jay Inslee, their climate conscious governor. Residents living around Exxon’s Baytown Refinery in Baytown, Texas may want to pressure a more pliable federal government, rather than their conservative state government.

The financial vulnerability of oil refineries opens the door to another pressure point the environmental movement can exploit, and one in which national and larger organizations can take a larger role. Defunding and divestment campaigns have been previously directed at specific fossil fuel infrastructure projects, notably the Dakota Access Pipeline, Line 3 and the ongoing campaign against the East African Crude Oil Pipeline. With so many refineries in need of expensive,  time-consuming repairs — as well as banks being hesitant to fund them — campaigns can direct their attention toward pressuring financial institutions to withhold funding or drop their support.

Frontline communities with powerful and resilient community organizations will also be better equipped to take ownership of a hopefully fossil free future, rather than being left behind when the refineries inevitably close. The economic devastation left in the wake of coal’s decline is a telling example of what can happen to workers and communities who are dependent on a fading industry. With these organizations they will be better equipped to push for equitable and sustainable economic development, as well as public investment policies from the municipal, state or federal government. They will also be better positioned to receive grant money from nonprofits and foundations. By helping build these organizations, the environmental movement can facilitate a just transition from below — with empowered local communities taking ownership of a fossil free future.

 

Jim Haugen (pen name) got his start in activism campaigning against tech companies with Extinction Rebellion NYC. He then co-founded Modest Proposals, an activist collective that uses satire, humor and other creative tactics to create positive change.

Photo by Tom Fisk on Pexels

BOEM’s Unlawful Offshore Wind Approvals

BOEM’s Unlawful Offshore Wind Approvals

FOR IMMEDIATE RELEASE

Contact: Lisa Linowes (603) 838-6588 lisa@saverightwhales.org

Save Right Whales Coalition Files Supreme Court Brief Challenging BOEM’s Unlawful Offshore Wind Approvals

 

NEW HAMPSHIRE (April 14) — The Save Right Whales Coalition (SRWC) has filed an amicus brief with the U.S. Supreme Court urging the Court to review two cases challenging the Bureau of Ocean Energy Management’s (BOEM) approval of the Vineyard Wind 1 offshore wind project. The brief argues that BOEM unlawfully reinterpreted the Outer Continental Shelf Lands Act (OCSLA) to expand its discretionary authority and bypass statutory protections for ocean users and marine ecosystems.

“Congress imposed clear, enforceable limits on BOEM’s authority,” said Lisa Linowes a spokesperson for SRWC. “Rather than following the law, BOEM reshaped it to serve policy objectives — without public input or congressional approval.”

Key Points from the Amicus Brief:

  • Improper Balancing of Mandatory Protections: BOEM reinterpreted OCSLA § 8(p)(4), which requires the agency to “ensure” compliance with twelve independent statutory safeguards — including protections for navigation, fishing, and the environment — by introducing a balancing framework that treats these protections as negotiable.
  • Textual Revision to Expand Authority: To support this reinterpretation, BOEM also modified a key provision of OCSLA (§ 8(p)(4)(I)) by repositioning a parenthetical phrase (“as determined by the Secretary”) in a way that artificially broadened the agency’s discretion over what qualifies as “reasonable uses” of the outer continental shelf and what level of interference is permissible — a subtle but powerful change that had the effect of rewriting the statute through guidance rather than legislation.
  • Avoidance of Formal Rulemaking: In April 2021, BOEM issued a memorandum setting forth its new interpretation of the statute, which it then applied to approve Vineyard Wind 1 and ten other offshore wind projects. Despite immediately implementing this revised framework, BOEM waited three years to begin the formal rulemaking process required by the Administrative Procedure Act (APA), thereby denying stakeholders the opportunity for notice-and-comment participation.
  • Unlawful Substitution of Compensation for Prevention: Rather than ensuring that offshore development avoids interfering with reasonable ocean uses — as the statute demands — BOEM relied on compensatory mitigation such as developer-funded payments or offsets. The brief argues that this approach replaces legal compliance with after-the-fact financial remedies, in direct conflict with Congress’s mandate to prevent interference. In a January 2025 planning document, BOEM conceded “There are no existing Federal regulations that require compensation for economic loss from displacement attributed to offshore wind energy installations.”

“This is a revealing admission,” said Linowes. “BOEM is approving projects it knows will harm fishermen and other ocean users, while relying on voluntary, developer-funded payments that have no basis in law. Compensation is not prevention — and it’s not a substitute for statutory compliance.”

Why This Case Matters

OCSLA § 8(p)(4) requires BOEM to ensure offshore wind projects comply with multiple statutory safeguards, including protecting existing ocean uses. The APA prohibits agencies from adopting binding rules or new interpretations without public rulemaking. The SRWC brief contends that BOEM’s failure to follow these legal obligations reflects a pattern of administrative overreach, enabled by improper judicial deference.

“If left unchecked BOEM’s conduct would allow agencies to bypass Congress by issuing internal memos and shifting statutory meaning without transparency or accountability,” Linowes said.

View the brief: https://www.supremecourt.gov/DocketPDF/24/24-971/355222/20250409220626080_24- 966%2024-971%20Brief%20of%20Amicus.pdf

US Supreme Court Docket:

https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/24-971.html

The Save Right Whales Coalition (https://saverightwhales.org/) is a broad alliance of scientists, fishermen, environmental advocates, and community groups committed to protecting endangered marine species and defending the lawful use of ocean resources.

 

Photo by Tim Schröer on Unsplash

What Are the Rights of Nature?

What Are the Rights of Nature?

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.

An ecocentric perspective

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.

One emerging concept focuses on giving legal rights to nature.

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.

“According to United Nations, developing a rights of nature framework in legislation can lead to ecosystem preservation and restoration as well as supporting human rights.”


 

What Are the Rights of Nature?

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.

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.

Is the Rights of Nature Just a Legal Movement?

No. Beyond the legal realm, the movement has seeped into mainstream culture, religious discourse, the arts, corporate governance, education and cultural revival.

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.

https://ping.insideclimatenews.org/js/ping.js?v=0.0.1

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.

Andreas Kay / flickr, CC BY-NC-SA

Mitsubishi Cancels Plans for a $1.3B Chemical Plant

Mitsubishi Cancels Plans for a $1.3B Chemical Plant

Editor’s note: “MMA is methyl methacrylate, a chemical compound that was banned by the FDA in the 1970s for use in nail enhancements due to its potential health hazards,” Hanna says. Celebrity manicurist Julie Kandalec adds, “It’s an ingredient commonly found in acrylic liquids, called monomer.”

One of the easiest ways to check if there is MMA in your acrylic or nail supplies is to check the ingredient list of your products. It should not be listed as an ingredient in any reputable acrylic nail product. A few additional tips include: Smelling a very harsh odor when applying and filing your acrylic nails – some people say it smells like cat urine.

“Mitsubishi Chemical Group (MCG) has concluded a license agreement with SNF Group regarding MCG’s N-vinylformamide (NVF) manufacturing technology. NVF is a raw material of functional polymers. Using the manufacturing technology licensed under this agreement, SNF will start the commercial production of NVF at its new plant in Dunkirk, France as of this June. NVF is a monomer used as a material for papermaking chemicals, water treatment agents, and oil field chemicals.”


Environmental activists claim victory as Mitsubishi scraps $1.3 billion chemical plant in ‘Cancer Alley’

Environmental groups are claiming victory after Mitsubishi Chemical Group dropped plans for a $1.3 billion plant in the heart of Louisiana’s industrial corridor.

In the works for more than a decade, the chemical manufacturing complex would have been the largest of its kind in the world, stretching across 77 acres in Geismar, a small Ascension Parish community about 60 miles west of New Orleans. Tokyo-based Mitsubishi cited only economic factors when announcing the cancellation last week, but a recent report on the plant’s feasibility noted that growing community concern about air pollution could also hamper the project’s success.

“The frontline communities are fighting back, causing delays, and that amounts to money being lost,” said Gail LeBoeuf with Inclusive Louisiana, an environmental group focused on the industrial corridor along the Mississippi River known as Cancer Alley.

The nonprofit group Beyond Petrochemical declared the project’s failure a “major victory for the health and safety of Louisianans.”

According to Mitsubishi, the plant could have produced up to 350,000 tons per year of methyl methacrylate, or MMA, a colorless liquid used in the manufacture of plastics and a host of consumer products, including TVs, paint and nail polish.

The plant was expected to be a major polluter, releasing hundreds of tons per year of carbon monoxide, nitrogen oxides, volatile organic compounds and other harmful chemicals, according to its permit information.

Mitsubishi cited rising costs and waning demand for MMA as the reasons for dropping the project. In a statement, the company indicated the plant likely wouldn’t have enough MMA customers to cover “increases in capital investment stemming from inflation and other factors.”

In July, a report on the plant’s viability warned that a global oversupply of MMA and fierce local opposition made the project a “bad bet.”

Conducted by the Institute for Energy Economics and Financial Analysis, the report said that credit agencies are paying more attention to “community sentiment” about petrochemical projects, particularly in Louisiana. In Geismar and other parts of Cancer Alley, there’s a “disproportionately heavy concentration of polluting industrial facilities” and Mitsubishi could become “entangled in a decades-long dispute involving issues of racial inequality and environmental justice,” the IEEFA report said.

Geismar residents are surrounded by about a half-dozen large chemical facilities that emit harmful levels of air pollution. Of the more than 6,000 people who live within the three miles of the planned project site, about 40% are Black or Hispanic, and 20% are considered low-income, according to federal data.

“The air here is already so dirty that the kids can’t play outside anymore,” said Pamela Ambeau, Ascension Parish resident and member of the group Rural Roots Louisiana.

The proposed plant is the latest in a string of failed industrial projects in Cancer Alley. Since 2019, local activism was instrumental in halting the development of two large plastics complexes in St. James Parish and a grain export terminal in St. John the Baptist Parish. All three projects would have been built in historically Black and rural communities.

Mitsubishi’s project had the strong backing of Louisiana political leaders. In 2020, then-Gov. John Bel Edwards, a Democrat, praised the project as a “world-scale” chemical manufacturing facility that would create “quality jobs.”

Louisiana Economic Development predicted the plant would create 125 jobs with an average salary of $100,000 and another 669 “indirect jobs” in the region.

The state agency began courting Mitsubishi in 2016, offering the company worker recruitment and training assistance and a $4 million grant to offset construction costs.

In 2021, Mitsubishi applied for property tax abatement via the state’s Industrial Tax Exemption Program, or ITEP. The tax relief, which Louisiana has granted to several similar projects, was pending the plant’s construction and would have saved the company an estimated $17 million in its first year, according to LED.

The first of a series of project delays began in 2022 due to what Mitsubishi called “market volatilities.”

Mitsubishi appeared to be betting on generous state subsidies “while ignoring the larger financial landscape,” said Tom Sanzillo, author of the IEEFA report.

The combination of sustained market weakness and strong public opposition “erased the potential benefits they are counting on,” he said.

This article first appeared on Verite News New Orleans and is republished here under a Creative Commons license.

 

Photo by Patrick Hendry on Unsplash

 

Controversial Sri Lanka Wind Power Project Withdrawn

Controversial Sri Lanka Wind Power Project Withdrawn

Editor’s note: “In recent years, the Southeast Asian country of Vietnam experienced a boom in renewable energy investments driven by generous feed-in tariffs, under which the state committed to buying electricity for 20 years at above-market prices. However, the high tariffs increased losses for Vietnam’s state-owned power utility EVN, the only buyer of the generated electricity, and led to an increase in power prices for households and factories. Authorities have repeatedly tried to reduce the high tariffs. Now they are considering a retroactive review of the criteria set for accessing the feed-in tariffs.”

“It’s really hard to build wind farms in Arizona, and if you put this into place, it’s just pretty much wiping you out,” said Troy Rule, a professor of law at Arizona State University and a published expert on renewable energy systems. “It’s like you’re trying to kill Arizona’s wind farm industry.”

United States Congressional House Republicans are seeking to prevent the use of taxpayer dollars to incentivize what they describe as “green energy boondoggles” on agricultural lands, citing subsidies that could cost taxpayers hundreds of billions of dollars over the next decade.

They are expensive to build, just finding their footing on this side of the Atlantic, and have faced backlash from parties as varied as beachfront property owners and fishermen to coastal businesses and fossil fuel backers(most of the developers have fossil fuel ties).

The future of Humboldt County’s offshore wind industry appears increasingly uncertain following mass layoffs at RWE and Vineyard Offshore, the multinational energy companies leading efforts to develop commercial-scale floating wind farms on the North Coast. The job cuts come in response to widespread market uncertainty following President Donald Trump’s efforts to ban offshore wind development in the United States.

A critical permit for an offshore wind farm planned near the New Jersey Shore has been invalidated by an administrative appeals board.


 

By Malaka Rodrigo / Mongabay

COLOMBO — In a dramatic turn of events, Indian tycoon Gautam Adani’s Green Energy Limited (AGEL) has withdrawn from the second phase of a proposed wind power project in northern Sri Lanka. The project, which was planned to generate 250 MW through the installation of 52 wind turbines in Mannar in the island’s north, faced strong opposition since the beginning due to serious environmental implications and allegations of financial irregularities.

While renewable energy is a crucial need in the era of climate change, Sri Lankan environmentalists opposed the project, citing potential ecological damage to the sensitive Mannar region. Additionally, concerns arose over the way the contract was awarded, without a competitive bidding process.

The former government, led by President Ranil Wickremesinghe, had inked an agreement with AGEL, setting the power purchase price at $0.82 per unit for 20 years. This rate was significantly higher than rates typically offered by local companies. “This is an increase of about 70%, a scandalous deal that should be investigated,” said Rohan Pethiyagoda, a globally recognized taxonomist and former deputy chair of the IUCN’s Species Survival Commission.

Legal battles

Five lawsuits were filed against this project by local environmental organizations, including the Wildlife and Nature Protection Society, the Centre for Environmental Justice and the Environmental Foundation Ltd. In January, the newly elected government expressed its desire to cancel the initial agreement and to renegotiate its terms and conditions, citing the high electricity tariff. Environmentalists welcomed the decision, believing the project would be scrapped entirely. However, their relief was short-lived when AGEL clarified that the project itself was not canceled, only the tariff agreement.

Government spokesperson Nalinda Jayatissa later confirmed that the project would proceed after renegotiating a lower power purchase rate. However, two weeks later, AGEL announced its complete withdrawal from the project, a decision widely believed to be influenced by the government’s stance.

Wind energy potential 

Sri Lanka has been exploring wind energy potential for more than two decades, with the first large-scale wind farm in Mannar named Thambapavani commissioned in 2020. This facility, comprising 30 wind turbines, currently generates 100 MW of power. With an additional 20 turbines planned, the Mannar wind sector would have surpassed 100 towers.

The Adani Group had pledged an investment totaling $442 million, and already, $5 million has been spent in predevelopment activities. On Feb. 15, the Adani Group formally announced its decision to leave the project. In a statement, the group stated: “We would respectfully withdraw from the said project. As we bow out, we wish to reaffirm that we would always be available for the Sri Lankan government to have us undertake any development opportunity.”

Environmentalists argue that Mannar, a fragile peninsula connected to the mainland by a narrow land strip, cannot sustain such extensive development. “If built, this project would exceed the carrying capacity of the island,” Pethiyagoda noted.

Mannar is not only a growing tourism hub, known for its pristine beaches and archaeological sites, but also Sri Lanka’s most important bird migration corridor. As the last landmass along the Central Asian Flyway, the region hosts millions of migratory birds, including 20 globally threatened species, he added.

Sampath Seneviratne of the University of Colombo, who has conducted satellite tracking research on migratory birds, highlighted the global importance of Mannar. “Some birds that winter here have home ranges as far as the Arctic Circle,” he said. His research has shown how extensively these birds rely on the Mannar Peninsula.

Although mitigation measures such as bird monitoring radar have been proposed to reduce turbine collisions, power lines distributing electricity remain a significant threat, particularly to species like flamingos, a major attraction in Mannar. The power lines distributing electricity from the already established wind farm near the Vankalai Ramsar Wetland and are already proven to be a death trap for unsuspecting feathered kind.

Nature-based tourism

Given Mannar’s ecological significance, conservationists say the region has greater potential as a destination for ecotourism rather than large-scale industrial projects. “Mannar’s rich biodiversity and historical value make it ideal for nature-friendly tourism, which would also benefit the local community,” Pethiyagoda added.

With AGEL’s withdrawal, Sri Lanka now faces the challenge of balancing its renewable energy ambitions with environmental conservation. However, there are other sites in Sri Lanka having more wind power potential, and Sri Lankan environmentalists hope ecologically rich Mannar will be spared from unsustainable wind farms projects.

Photo by Dattatreya Patra on Unsplash