The Ogiek Evictions in Kenya – a failed legal solution
The Mau Forest is one of Kenya’s forest reserves, gazetted in 1954 to protect it from deforestation. In 2001, the government carried out an excision of the Eastern Mau region...
Environment
A Timely Intervention: Dutch Court declares that the State has Positive Duties under the European Convention on Human Rights to tackle Climate Change
The Court of Appeal in the Netherlands has just issued a landmark judgment concerning environmental human rights and climate change. It has found the Dutch State to be in breach...
Courts and Climate Change II: Appeals Court Upholds Landmark Ruling in Dutch Climate Case
The Hague Court of Appeals has upheld its human rights-based landmark ruling in the historic Climate Case that orders the Dutch government to accelerate its reduction of greenhouse gas emissions....
Justice Kennedy’s Mixed Environmental Legacy Turns Tragic
Supreme Court Justice Anthony Kennedy, a 1988 Reagan appointee, will leave behind a mixed environmental law legacy. Best known to the public as a crucial swing vote on issues regarding...
State Policy or Individual Right: The Recent Development of Environmental Protection in China
In late June 2018, the Chinese State Council released the three-year action plan to ‘win the battle for blue skies‘, which, among other recent legislative and judicial development in environmental...
July 4, 2018 – A New Independence Day
In the United States, the Fourth of July is celebrated as Independence Day. Someday history books may celebrate the Fourth of July 2018 as a new “independence day” – not...
Legal Actions Against Mountain Valley Pipeline Underscore Grassroots Activism’s Importance
The Mountain Valley Pipeline (MVP) is a 303-mile U.S. interstate project currently under construction that would transport fracked natural gas from northern West Virginia through southwest Virginia. The MVP is...
Recent Trends in Climate Change Litigation: Colombia’s Amazon and Juliana v U.S
On April 4, 2018, the Colombian Supreme Court handed down an important ruling (Tutela, a rights-based injunction) on climate change. The plaintiffs in the case are twenty-five children who argued...
When Human Rights Are Not Enough: Defending the Rights of Nature (with Mari Margil)
There is an unmistakable growing awareness of the ways in which our human lives and the environment are intertwined and interdependent. Unprecedented environmental degradation, resource depletion, and the looming reality...
Moving towards the recognition and protection of climate change refugees under international human rights law
The recent hurricanes that hit the coast of the Caribbean have renewed the fears of a global climate refugee crisis. However, there is a lack of clarity on who exactly...
U.N. Framework Principles on Human Rights and the Environment: A Catalyst for Grassroots-Centered U.S. Reform?
John H. Knox, the U.N. Special Rapporteur on Human Rights and the Environment, recently issued a final report to the U.N. Human Rights Council. The report, which contains 16 Framework...
Homeless at Home: Forced Internal Displacement In India
In September 2017, the Prime Minister of India inaugurated the Sardar Sarovar Dam (SSP), which was designated as the second largest dam in the world. Most of the Indian media...
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