Riverine Rights Around the World – Three Case Studies

Atrato River

By Monishaa Suresh

As countries around the world begin to grant legal personhood to environmental resources, three stand out in conferring legal personhood to rivers – New Zealand with the Whanganui, Colombia with the Atrato, and India with the Ganges. New Zealand chose to grant personhood to the Whanganui via legislative action, whereas, the Atrato secured legal personhood in Colombia in a High Court decision. In India, a state court granted the Ganges personhood, which was ultimately reversed at the Supreme Court level. The precedents set in New Zealand and Colombia, however, offer India possible pathways to re-grant the Ganges personhood at the national level.

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A Primer on Biden’s 30 by 30 Plan

By Johanna Adashek

What is Biden’s 30 by 30 plan?

The plan originated from Executive Order 14008 “Tackling the Climate Crisis at Home and Abroad,” published on January 27, 2021. Sections 216 of the Executive Order tasked various government agencies with the goal of conserving 30% of U.S. land and waters by 2030, hence the short reference: “30 by 30.” The Executive Order itself did not create detailed directives for achieving this goal, instead, it initiated processes for stakeholder participation, measuring progress, and creating future strategies. While the progress of steps taken to date is hard to measure, this is the first conservation goal that the federal government has ever set. Approximately 12% of land, 11% of freshwater, and 26% of ocean waters in the U.S. has some level of protection to date. This blog post (1) examines why protecting and conserving lands and waters is so vital; (2) identifies steps taken to achieve the 30 by 30 goal thus far; and (3) considers potential future measures that can be taken to reach the 30 by 30 goal.

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Environmental Personhood and the Rights of Rivers

Whanganui River

By Monishaa Suresh

This is the first entry of a two-part post on environmental personhood. It defines and explains the history of environmental personhood both domestically and internationally. The second post explores the concept of legal personhood for rivers with a focus on two rivers that have already been granted personhood — the Whanganui in New Zealand and the Atrato in Colombia.

Legal personhood” can be conferred to non-human entities, essentially treating them as people for limited legal purposes such as allowing the entities to sue, own property, and enter into contracts. This is not a new concept as corporations have long been considered “legal persons.”  This then begs the question: if we can confer such legal protection to multi-billion dollar corporations, why can’t we do the same for the environment?

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The Corrupt Past of PFAS and Corporate Greed [1]

By Johanna Adashek

As early as the 1970s, the companies that manufacture and sell PFAS have known that their chemicals were apparent in human blood, at levels far higher than what was safe. Before the public was aware of the threat that PFAS posed to public health and safety, a farmer in West Virginia, Wilbur Earl Tennant, witnessed dozens of his cows die and was determined to find the cause. Tennant observed and recorded foamy discolored water spewing into his creek from a pipe connected to an industrial landfill. He also recorded self-officiated autopsies on his diseased cows that showed that the cows had been destroyed from the inside out. Tennant had attempted without success to find legal assistance in his town and from various government sources, including the state veterinarian. However, a neighbor’s friend, who had a grandson who worked as an environmental lawyer in a big firm in Ohio, led Tennant to Rob Bilott. For the next two decades, Bilott went head to head with the companies behind PFAS.

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What are PFAS? A Primer on Per- and Polyfluoroalkyl Substances

By Johanna Adashek

This blog post is the first of a two-part post on PFAS. This post defines, explains the history and usage of, and summarizes the basic science of PFAS. It also covers recent federal regulatory initiatives addressing PFAS. The next post in the series explores the history of one PFAS: PFOA, with a focus on the story of Rob Bilott’s fight against the chemical companies behind PFOA.

Sometimes referred to as “forever chemicals,” PFAS are synthetic, or man-made, chemicals found almost ubiquitously in the air, water, and soil. They bioaccumulate and biopersist in the bloodstream and have been tied to different cancers and fertility problems. The term PFAS refers to perfluoroalkyl and polyfluoroalkyl substances. There are thousands of PFAS; the Environmental Protection Agency (EPA) updates a master list called PFASMASTER that additionally includes “partially fluorinated substances, polymers, and ill-defined reaction products.” The list grows continuously larger and, as of August 2022, includes more than 12,000 chemicals. Companies began manufacturing PFAS in the 1940s and, despite widespread evidence of their harm, these harmful chemicals are still manufactured today. PFAS can be found in nonstick cookware, water-repellent clothing, stain resistant fabrics, shaving cream, cosmetics, firefighting foams, and even tap water.[1]

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