Courts

By Mary Louisa Cappelli, PhD, JD / Globalmother.org Featured image: Barabaig pastoralist Katesh — After a fifty-year struggle against land grabbing by foreign agribusiness corporations, nomadic pastoralists in the Hanang District of Eastern Tanzania have finally won Certificates of Customary Right of Occupancy pursuant to the 1999 Land Act No. 5. With legal assistance from The Ujamaa Community Resource Team, The Barabaig and Masai in the villages of Mureru, Mogitu, Dirma, Gehandu and Miyng’enyi now have much needed access to approximately 5,500 hectares of grazing land for their cattle. ...

By Scott Price / Intercontinental Cry Featured image: Francisco Tiul Tut mourns the burning and destruction of his home in Barrio La Revolucion. On January 8th and 9th, 2007, the Guatemalan Nickel Company, local subsidiary of Canadian Skye Resources, ordered the forced eviction of five Q’eqchi’ Mayan communities around Lake Izabal in El Estor and Panzos, Guatemala (Photo: James Rodríguez/mimundo.org) While much of the controversy surrounding Canada’s extractive industry centers on oil and gas projects like SWN Resources’ drilling plans in New Brunswick, Enbridge’s Line 9 pipeline and the widely felt impact of Tar Sands extraction in Alberta, there is a significant lack of debate concerning Canada’s larger and much more influential mining sector. ...

By Deirdre Fulton / Common Dreams Featured Image: Alali Efanga & Chief Fidelis Oguru from Oruma, two plaintiffs in the Dutch court case against Shell. (Photo: Milieudefensie/flickr) In a potentially precedent-setting ruling, a Dutch court said Friday that Royal Dutch Shell may be held liable for oil spills at its subsidiary in Nigeria—a win for farmers and environmentalists attempting to hold the oil giant accountable for leaks, spills, and widespread pollution. The ruling by the Court of Appeals in the Hague, which overturns a 2013 decision in favor of Shell, allows four Nigerian farmers to jointly sue the fossil fuels corporation in the Netherlands for causing extensive oil spills in Nigeria. ...

By Big Island Video News MAUNA KEA, Hawaii – The permit allowing the Thirty Meter Telescope to be built and operated on Mauna Kea has been thrown out by the Hawaii Supreme Court. In the conclusion of a 58 page opinion written by Chief Justice Mark E. Recktenwald, the court vacated the lower circuit court’s “May 5, 2014 Decision and Order Affirming Board of Land and Natural Resources, State of Hawaii’s Findings of Fact, Conclusions of Law and Decision and Order Granting Conservation District Use Permit for the Thirty Meter Telescope at the Mauna Kea Science Reserve Dated April 12, 2013, and final judgment thereon.” The Supreme Court remanded the matter to the circuit court “to further remand to BLNR for proceedings consistent with this opinion, so that a contested case hearing can be conducted before the Board or a new hearing officer, or for other proceedings consistent with this opinion.” ...

By Luutkudziiwus / Intercontinental Cry VANCOUVER - Luutkudziiwus, a Gitxsan Nation House Group, will file a legal challenge in regard to the BC regulatory permits awarded to the Prince Rupert Gas Transmission (PRGT) pipeline that would supply gas to the Petronas LNG plant on Lelu Island which threatens to decimate Skeena River wild salmon. Luutkudziiwus Hereditary Chiefs travelled down to Vancouver to make the announcement today, while government and industry are gathered at the 2015 LNG Conference in BC. ...

By Hannibal Rhoades / Intercontinental Cry After five years of legal contests and uncertainty, the Colombian Constitutional Court has confirmed that Yaigojé Apaporis, an indigenous resguardo (a legally recognized, collectively owned territory), also has legitimate status as a national park. The decision is cause for celebration for Indigenous Peoples who call the region home. But it is less welcome news for Canadian multinational mining corporation Cosigo Resources, the company contesting the area’s national park status. The court’s ruling immediately and indefinitely suspends all mining activities in the park, including Cosigo’s license to mine gold from one of Yaigojé’s most sacred areas. ...

By Dan Bacher / Intercontinental Cry A federal judge on Aug. 26 denied a request by the San Luis Delta Mendota Water Authority and Westlands Water District for a temporary restraining order and preliminary injunction against the higher supplemental flows from Trinity Reservoir being released to stop a fish kill on the lower Klamath River. The releases that the U.S. Bureau of Reclamation began last week, resulting from requests by the Hoopa Valley and Yurok Tribe fishery scientists to release Trinity River water to stop a fish kill–like that one that killed up to 78,000 adult salmon in September 2002–will continue. The two Tribes, the Pacific Coast Federation of Fisherman’s Associations and the Institute for Fisheries Resources were intervenors for the defendant, Interior Secretary Sally Jewell and the U.S. Department of Interior, in the litigation. ...

By Will Falk / Deep Green Resistance San Diego There’s a common joke I’ve heard many indigenous people tell. It goes like this: “What did indigenous peoples call this land before Europeans arrived? OURS.” This joke – or truth - reflects many of the problems inhering to the Supreme Court of Canada’s recent ruling in Tsilhqot’in Nation v. British Columbia, 2014 SCC 44 . From my radical view, the Tsilhqot’in decision leaves much to worry about. In this article, I examine the decision written by Chief Justice Beverly McLachlin to show why the decision is not as helpful it would seem and I anticipate how the government and corporations will bend the decision to their goals. ...

By Rachel / Deep Green Resistance Eugene Yesterday was the 41st anniversary of the Supreme Court decision that made it illegal for federal and state governments to make blanket, outright bans on abortion. For those who fight for women’s ability to exercise full autonomy and human rights, January 22nd is treated as a day of celebration and remembrance of those who fought before us. Nonprofits, advocacy organizations, and student groups from coast to coast held benefits and awareness events. Celebratory twitter hashtags and blurbs from liberal blogs are still piling up. Good news is scarce in the world of reproductive justice activism, and we’ll take it where we can get it. I won’t begrudge our beleaguered cause one day of hope – at least, not until the morning after.The reality of our situation gives the lie to much of the hopeful rhetoric that comes rolling out every year on Roe’s anniversary. Our backward slide doesn’t look to be slowing anytime soon. If we face the the reality of what Roe has done, self-congratulatory reflections on how far we’ve come become not only ridiculous and out of touch, but insulting and dangerous as well. A prime example of the rose-colored view of Roe espoused by many in the mainstream is this sentence, written by President and CEO of Planned Parenthood Federation of America on the 38th anniversary of Roe, three years ago: ...

By Cal Winslow Will Parrish needs your support. He now faces eight years in prison; in addition, $490,000 in fines, “restitution”. And for what? For delaying a freeway, the “Redwood Highway” – the California 101. Parrish is a journalist here in Willits, in Mendocino County. He is also an activist and a teacher. His trial is scheduled for the County Courthouse in Ukiah, at 8:30 AM, on January 28th. Will’s crime must be peculiarly Californian, a crime against a freeway. It must, from the grave, be raising Ronald Reagan’s hackles, jolting his memory. We’re told, incessantly in the media, this delay also enrages our ordinary travelers; drivers, it seems, now delayed five minutes (or so) along the main street of Willits on the trip to Eureka. ...