News articles on law
Mongabay.com news articles on law in blog format. Updated regularly.
Indonesia and the EU reach agreement on illegal wood trade
(04/17/2011) A new agreement will work to keep illegal wood from Indonesia out of European Union markets. The Voluntary Partnership Agreement (VPA) will force Indonesia to only ship wood to the EU that has been approved as legal by a national authority, while EU customs workers are set to send any unapproved wood back to Indonesia. The VPA is a step forward in tackling the illegal timber market in Indonesia that is estimated to be worth $1 billion and has been responsible, in part, for leveling rainforests across the Indonesia islands.
Brazilian authorities levy $1.2B in fines against beef traders linked to deforestation, slave labor
(04/15/2011) Brazilian authorities are seeking 2 billion reals ($1.2 billion) in fines against 14 companies accused of buying beef sourced from ranches that have illegally cleared Amazon rainforest or exploited workers in the state of Acre, reports AFP.
Pro-deforestation group calls for weakening of U.S. law against illegal logging
(04/14/2011) A group that lobbies on behalf of forestry conglomerates in Indonesia and Malaysia is calling on the U.S. to roll back legislation intended to fight illegal logging. World Growth International, a Washington D.C.-based group that portrays itself as a humanitarian organization, yet consistently pushes policies that favor industrial forestry interests over those of rural communities, has submitted formal comments to the United States Department of Agriculture, Animal and Plant Health Inspection Service's (APHIS) review of the implementation of the revised Lacey Act provisions that prohibit trade in illegally logged wood products, including timber and paper.
Gas from 'fracking' not climate friendly
(04/13/2011) It appears every time a fossil fuels industry claims its energy is 'green' or 'climate-friendly', scientists discover this just isn't so. The most recent culprit is natural gas produced by an already controversial method known as hydraulic fracturing, or fracing, which extracts the gas from shale basins. A new study in Climatic Change has found that the process of fracing is worse than coal over a 20-year period and about equal over 100-years. Coal had long been considered the worst climate offender of all energy options.
Satellite evidence of deforestation in uncontacted tribe's territory sparks legal action
(04/12/2011) The destruction of 3,600 hectares (8,900 acres) of the Gran Chaco forest in Paraguay by large Brazilian cattle ranching companies has led to a legal complaint filed by a local indigenous-rights organization, since the land in question was one of the last refuges of a group of uncontacted indigenous people in the Ayoreo-Totobiegosode tribe. The loss of the forest was revealed in part by satellite images of the remote area.
Customs officials confiscate over a thousand monitor lizards headed to China
(04/11/2011) Thai Customs officials have confiscated 1,800 Bengal monitor lizards on the border between Thailand and Malaysia, reports the AFP. Officials said the lizards were likely headed to China for consumption.
Indigenous group claims Ecuadorian government complicit in 'genocide'
(04/06/2011) Ecuador's paramount indigenous organization has filed a legal complaint against the government, including President Rafael Correa, for allegedly participating in 'genocide' against indigenous people in the Amazon. The Confederation of Indigenous Nationalities of Ecuador (CONAIE) is arguing that expanding oil exploration and mining is imperiling the lives of uncontacted tribes that have chosen voluntary isolation known as the Tagaeri and the Tarmenane, reports the AFP.
Major Brazilian banks sued for loans linked to deforestation
(04/03/2011) Brazilian prosecutors have filed suit against the state-run Banco do Brasil and Banco da Amazonia for providing loans to companies that illegally cleared Amazon rainforest and used slave-like labor, reports Reuters.
5 million hectares of Papua New Guinea forests handed to foreign corporations
(03/23/2011) During a meeting in March 2011 twenty-six experts—from biologists to social scientists to NGO staff—crafted a statement calling on the Papua New Guinea government to stop granting Special Agricultural and Business Leases. According to the group, these leases, or SABLs as they are know, circumvent Papua New Guinea's strong community land rights laws and imperil some of the world's most intact rainforests. To date 5.6 million hectares (13.8 million acres) of forest have been leased under SABLs, an area larger than all of Costa Rica. "Papua New Guinea is among the most biologically and culturally diverse nations on Earth. [The country's] remarkable diversity of cultural groups rely intimately on their traditional lands and forests in order to meet their needs for farming plots, forest goods, wild game, traditional and religious sites, and many other goods and services," reads the statement, dubbed the Cairns Declaration. However, according to the declaration all of this is threatened by the Papua New Guinea government using SABLs to grant large sections of land without going through the proper channels.
Top forest policies recognized
(03/23/2011) 19 forest policies have been nominated for an award by the World Future Council, a global think tank.
Goodbye national parks: when 'eternal' protected areas come under attack
(03/17/2011) One of the major tenets behind the creation of a national park, or other protected area, is that it will not fade, but remain in essence beyond the pressures of human society, enjoyed by current generations while being preserved for future ones. The protected area is a gift, in a way, handed from one wise generation to the next. However, in the real world, dominated by short-term thinking, government protected areas are not 'inalienable', as Abraham Lincoln dubbed one of the first; but face being shrunk, losing legal protection, or in some cases abolished altogether. A first of its kind study, published in Conservation Letters, recorded 89 instances in 27 countries of protected areas being downsized (shrunk), downgraded (decrease in legal protections), and degazetted (abolished) since 1900. Referred to by the authors as PADDD (protected areas downgraded, downsized, or degazetted), the trend has been little studied despite its large impact on conservation efforts.
CEO sentenced for smuggling elephant ivory into US
(03/14/2011) A judge sentenced Pascal Vieillard, CEO of A-440 Pianos Inc., to 3 years probation for illegally smuggling elephant ivory into the US, while the Georgia-based company has been fined $17,500. Vieillard had earlier pleaded guilty to importing pianos with ivory parts.
World's most controversial dam, Brazil's Belo Monte, back on
(03/06/2011) A recent injunction against controversial dam, Belo Monte, in Brazil has been overturned, allowing the first phase of construction to go ahead. The ruling by a higher court argued that not all environmental conditions must be met on the dam in order for construction to start.
Report: 90 oil spills in Peruvian Amazon over 3 years
(03/03/2011) A new report has uncovered 90 oil spills by Pluspetrol in northern Peru's Amazon rainforest over the past 3 years. Covering two oil blocs—1-AB and 8—the report, complied by the Federation of Indigenous Communities of the Corrientes River (FECONACO), recorded 18 major oil spills in just the last year. "A week after the landmark ruling against Chevron in Ecuador for $9 billion of
damage from operations in the 1970's and 80's, this new report highlights
the ongoing devastation caused by the oil industry on the fragile Amazon
ecosystem and the people that live there," said Atossa Soltani, Executive
Director at Amazon Watch, in a press release.
Photo: slaughtered great hornbill by soldiers raises ire [warning: graphic image]
(02/27/2011) A photo of an illegally killed great pied hornbill (Buceros bicornis) by what appears to be Malaysian soldiers has angered environmentalists in Malaysia, according to the New Strait Times. The photo was posted on Facebook last year.
Judge suspends Brazil's monster dam: contractor 'imposing' its interests
(02/27/2011) Construction on Brazil's planned mega-dam, the Belo Monte, has been ordered suspended by a federal judge, citing unmet environmental and social conditions. Just last month, the hugely controversial dam, was handed a partial license from Brazil's Environmental Agency (IBAMA). However, the judge, Ronaldo Destêrro, found that the partial license, the first of its kind in Brazil, was granted under pressure from the dam's contractor, Norte Energia or NESA.
Top 25 most endangered turtles: Asian species in crisis
(02/23/2011) Surviving hundreds of millions of years on Earth have not saved turtles from facing extinction at human hands. A new report by the Wildlife Conservation Society (WCS) and the Turtle Conservation Coalition, identifies the world's 25 most imperiled turtles, including one that is practically assured extinction: 'Lonesome George' the last Abdington Island tortoise in the world. The list includes four turtle species from South and Central America, three from Africa, and one from Australia. But Asia is the hotbed for turtles in trouble with 17 of the top 25 species, or 68%. The numbers are even more alarming if one looks only at the top ten: eight of the top ten are in Asia, and six of these in China.
Oil company charged after allegedly forcing entry into Virunga National Park
(02/21/2011) The Democratic Republic of Congo's (DRC) national parks authority, ICCN, has filed a suit against oil company, SOCO International, for allegedly forcing entry into Virunga National Park. The legal row comes amid revelations that two oil companies, SOCO and Dominion Petroleum, are exploring the park for oil.
California proposes ban on selling shark fin
(02/16/2011) Last year Hawaii banned the sale of shark fins; California may be next. Bill 376, introduced by two Democrats, would outlaw the sale of shark fins, including the popular Asian delicacy shark fin soup, in the US's most populous state.
Chief financier of Belo Monte dam ties social and environmental requirements to controversial project
(02/04/2011) The Brazilian National Development Bank (BNDES) has announced it will not grant a $640 million loan for the hugely controversial Belo Monte dam until 40 social and environmental conditions are met. In response, the company contracted to build the dam, Norte Energia, S.A. (NESA), has stated it may drop the bank's loan altogether and seek less discriminating private funding to start construction. Last week the Brazilian government's environmental agency IBAMA announced that the dam had been granted a partial license, an aberration in Brazilian law, to jumpstart construction. But BNDES also says it will not hand out the loan until a full license is granted.
Last year worst yet for rhino killings in South Africa
(01/19/2011) Three hundred and thirty-three rhinos were killed in South Africa last year, the highest number yet. Ten of the rhino were black rhinos, which are listed as Critically Endangered by the IUCN Red List, the rest were white rhinos, listed as Near Threatened. In total South Africa has over 20,000 rhinos.
United States to back U.N. indigenous rights declaration
(12/23/2010) The United States will endorse the United Nations Declaration on the Rights of Indigenous People (UNDRIP), making it the last industrialized power to support the agreement, which recognizes the rights of indigenous peoples on issues including free prior and informed consent (FPIC), right to sovereignty, territory and respect for traditional knowledge. The move was announced last week by President Barack Obama.
Local rules trump regulations imposed by outsiders in Madagascar
(12/19/2010) Unwritten rules and social norms can be an effective means to manage protected areas in rural parts of Madagascar, reports a new study published in mongabay.com's open access journal Tropical Conservation Science.
California approves cap-and-trade under global warming law
(12/17/2010) The California Air Resources Board voted 9-1 to adopt cap and trade regulations for AB32, California's 2006 climate law. The move, which establishes the first compliance carbon trading system in the United States, opens the door for carbon offsets generated via forest conservation projects.
Critics say Obama slow on endangered species
(11/15/2010) The Obama Administration is lagging behind past administrations in its listing of dwindling species under the Endangered Species Act (ESA). To date the US Fish and Wildlife Service has added 51 species to the ESA since Obama's took office, according to the conservation group, Center for Biological Diversity. By contrast, the Clinton Administration averaged 65 species a year with a total of 522 species protected. Obama is more proactive than George W. Bush, however, who was seen by many critics as actively undercutting the ESA. Only one of the species protected so far by the Obama Administration is found in the continental US.
'Green' paper company allegedly complicit in land grabs against Chinese communities
(10/07/2010) Finnish paper company, Stora Enso, may lose its green and socially responsible reputation over a new report by Rights and Resources International (RRI) and the Rural Development Institute (RDI). The report finds that the company broke Chinese laws and even worked with middlemen who physically threatened local farmers, all in an effort to lease 120 thousand hectares for a vast eucalyptus plantation in southern China. Just last year, a lawyer working to defend farmers landed in a hospital after being beaten for his involvement.
The Nestlé example: how responsible companies could end deforestation
(10/06/2010) The NGO, The Forest Trust (TFT), made international headlines this year after food giant Nestlé chose them to monitor their sustainability efforts. Nestlé's move followed a Greenpeace campaign that blew-up into a blistering free-for-all on social media sites. For months Nestle was dogged online not just for sourcing palm oil connected to deforestation in Southeast Asia—the focus of Greenpeace's campaign—but for a litany of perceived social and environmental abuses and Nestlé's reactions, which veered from draconian to clumsy to stonily silent. The announcement on May 17th that Nestlé was bending to demands to rid its products of deforestation quickly quelled the storm. Behind the scenes, Nestlé and TFT had been meeting for a number of weeks before the partnership was made official. But can TFT ensure consumers that Nestlé is truly moving forward on cutting deforestation from all of its products?
Fighting poachers, going undercover, saving wildlife: all in a day's work for Arief Rubianto
(09/29/2010) Arief Rubianto, the head of an anti-poaching squad on the Indonesian island of Sumatra best describes his daily life in this way: "like mission impossible". Don't believe me? Rubianto has fought with illegal loggers, exchanged gunfire with poachers, survived four days without food in the jungle, and even gone undercover—posing as a buyer of illegal wildlife products—to infiltrate a poaching operation. While many conservationists work from offices—sometimes thousands of miles away from the area they are striving to protect—Rubianto works on the ground (in the jungle, in flood rains, on rock faces, on unpredictable seas, and at all hours of the day), often risking his own life to save the incredibly unique and highly imperiled wildlife of Sumatra.
Could industrial interests ruin payments for environmental services?
(09/27/2010) One of the biggest ideas in the conservation world over the past decade is Payments for Environmental Services, known as PES, whereby governments, corporations, or the public pays for the environmental services that benefit them (and to date have been free), i.e. carbon, biodiversity, freshwater, etc. For example, Reducing Emissions through Deforestation and Forest Degradation (REDD+) is the largest such proposed PES concept, yet many others are emerging. However, a new study in mongabay.com's open access journal Tropical Conservation Science argues that in order for PES to be effective—and not perversely lead to further harm—decision-makers must consider the danger of paying industrial and commercial interests versus financially supporting local populations, as originally conceived, to safeguard the environment.
Controversial changes to Brazilian forest law passes first barrier
(07/08/2010) An amendment to undermine protections in Brazil's 1965 forestry code has passed it first legislative barrier, reports the World Wide Fund for Nature-Brasil (WWF). Yesterday the amendment passed a special vote in the Congress's Special Committee on Forest Law Changes.
Top officials busted in Amazon logging raids, but political patronage may set them free
(07/08/2010) After two years of investigations, the Brazilian Federal Police arrested some of the most important politicians and authorities for illegal logging in the Amazon. Code-named Operation Jurupari, the Brazilian Federal Police uncovered a massive illegal logging scheme that resulted in the arrests of over 90 people and caused an estimated $500 million in damage to the Amazon rainforest. Over 496 square kilometers (192 square miles), an area the size of California or Spain, were affected and an estimated 1.5 million cubic meters (642 million board feet) of timber was illegally extracted. While the investigation focused on activities in the state of Mato Grosso, which is located in the southern Amazon and is one of the most deforested regions largely due to clearing land for expanding soya farms, it touched numerous others, including São Paulo, Paraná, Rio Grande do Sul, Espirito Santo, Minas Gerais and Distrito Federal.
The changing nature of illegal logging - and illegal logging investigations - in Brazil's Amazon
(07/08/2010) Operation Jurupari followed on several previous Brazilian Federal Police investigations into SEMA, including: Operation Curupira I (June 2005); Curupira II (August 2005); Mapinguari (2007), Arc of Fire (2008), Termes (April 2008); and Caipora (2008). It was led by Franco Perazzoni, Brazilian Federal Police "Delegado" (or chief), who, since 2006, has headed the environmental crimes unit in Mato Grosso and been responsible for about 300 investigations on environmental crimes, of which about 75% were on illegal deforestation in federal areas. The nature of the illegal deforestation has changed over the years.
Europe bars illegal timber from markets
(07/07/2010) The European Parliament today voted overwhelming to bar illegally logged timber from E.U. markets. The legislation, which passed 644-25, will require all companies selling timber products in the E.U. to prove their wood is legally sourced. Companies that fail to demonstrate credible sourcing practices will be subject to fines. The rules will go into effect in 2012, but paper products will be exempted for five years.
Amazon and Atlantic Forest under threat: politicians press to dilute Brazil's forestry law
(07/01/2010) A group of Brazilian legislatures, known as the 'ruralistas', are working to change important aspects of the Brazil's landmark 1965 forestry code, undermining forest protection in the Amazon and the Mata Atlantica (also known as the Atlantic Forest) and perhaps heralding a new era of booming deforestation. The ruralistas, linked to big agribusiness and landowners, are taking aim at the part of the forestry code that requires landowners in the Amazon to retain 80 percent of their land area as legal reserves, arguing that the law threatens agricultural development.
Papua New Guinea strips communal land rights protections, opening door to big business
(06/30/2010) On May 28th the parliament in Papua New Guinea passed a sweeping amendment that protects resource corporations from any litigation related to environmental destruction, labor laws, and landowner abuse. All issues related to the environment would now be decided by the government with no possibility of later lawsuits. Uniquely in the world, over 90 percent of land in Papua New Guinea is owned by clan or communally, not be the government. However this new amendment drastically undercuts Papua New Guinea's landowners from taking legislative action before or after environmental damage is done. Essentially it places all environmental safeguards with the Environment and Conservation Minister.
EU set to ban illegal timber by 2012
(06/17/2010) In two years the EU will begin a ban on importing illegal timber products, reports the BBC. The ban will require companies to have proof that their products do not come from illegally logged sources.
A total ban on primary forest logging needed to save the world, an interview with activist Glen Barry
(06/02/2010) Radical, controversial, ahead-of-his-time, brilliant, or extremist: call Dr. Glen Barry, the head of Ecological Internet, what you will, but there is no question that his environmental advocacy group has achieved major successes in the past years, even if many of these are below the radar of big conservation groups and mainstream media. "We tend to be a little different than many organizations in that we do take a deep ecology, or biocentric approach," Barry says of the organization he heads. "[Ecological Internet] is very, very concerned about the state of the planet. It is my analysis that we have passed the carrying capacity of the Earth, that in several matters we have crossed different ecosystem tipping points or are near doing so. And we really act with more urgency, and more ecological science, than I think the average campaign organization."
International alliance created to help corporations avoid illegal wood
(06/01/2010) Given the complexities of the global wood trade and the difficulty of deciphering a product's source of wood, the World Resources Institute (WRI), the Environmental Investigation Agency (EIA-US and the US Agency for International Development (USAID) have banded together to create a global initiative, the Forest Legality Alliance, to aid private corporations to reduce the trade in illegal wood. The alliance's formation comes after the US amended the Lacey Act in 2008 to ban the trade of illegal wood products in the US.
Hawaii bans shark fin soup
(05/31/2010) Governor of Hawaii, Linda Lingle, has signed into law a ban on shark-fin soup beginning July 1st, 2011, according to Reuters. The soup is currently served in a number of Chinese restaurants in Hawaii, but the trade has decimated certain shark species due to overfishing.
Taking back the rainforest: Indians in Colombia govern 100,000 square miles of territory
(05/10/2010) Indigenous groups in the Colombian Amazon have long suffered deprivations at the hands of outsiders. First came the diseases brought by the European Conquest, then came abuses under colonial rule. In modern times, some Amazonian communities were virtually enslaved by the debt-bondage system run by rubber traders: Indians could work their entire lives without ever escaping the cycle of debt. Later, periodic invasions by gold miners, oil companies, colonists, and illegal coca-growers took a heavy toll on remaining indigenous populations. Without title to their land, organization, or representation, indigenous Colombians in the Amazon seemed destined to be exploited and abused. But new hope would emerge in the 1980s, thanks partly to the efforts of Martin von Hildebrand, an ethnologist who would help indigenous Colombians eventually win control over 260,000 square kilometers (100,000 square miles) of Amazon rainforest—an area larger than the United Kingdom.
Second rancher sentenced for contract killing of American nun in the Brazilian Amazon
(05/02/2010) A second rancher has been sentenced for his role in the murder of Dorothy Stang, an American nun who was gunned down in 2005 for her efforts on behalf of poor farmers in the Amazon rainforest, reports Reuters.
Dispelling myths about the US Lacey Act
(01/21/2010) The Environmental Investigation Agency (EIA) has released a document to dispel common myths related to the 2008 amendment to the Lacey Act, which makes it possible for the United States to support efforts to combat illegal logging both abroad and at home.
Brazil grants deforestation amnesty for farmers and ranchers
(12/14/2009) A decree issued by President Luiz Inacio Lula da Silva suspends up to $5.7 billion in fines and gives ranchers and farmers in the Amazon two more years to come into compliance with environmental laws aimed to curtain deforestation, reports the Associated Press.
Costa Rica proposes to downgrade Las Baulas National Park, threatening leatherback sea turtles
(11/11/2009) Costa Rica is considered by many to be a shining example of environmental stewardship, preserving both its terrestrial and marine biodiversity while benefiting from being a popular tourist location. However, a new move by the Costa Rican government has placed their reputation in question. In May of this year the President of Costa Rica, Oscar Arias, presented a law to the legislature that would downgrade Las Baulas from a National Park to a 'mixed property wildlife refuge'. The downgrading would authorize a number of development projects that conservationists say would threaten the park's starring resident: the leatherback turtle.
Independent review finds logging company has abused rights of indigenous Penan in Borneo
(09/15/2009) An independent review of Interhill Logging found that the Sarawak logging company has regularly violated forest laws and abused the rights of the indigenous Penan peoples. The review, conducted by French tourism giant ACCOR, found that Interhill Logging had not received free, prior, and informed consent from the local Penan people for its logging operations; the logging being done by Interhill "is very definitely not sustainable"; the company is not fully compiling with Sarawak's Natural Resources and Environment Board; and Interhill is providing no long-term benefits to the Penan peoples.
Economists, scientists warn that world crises require new order of international cooperation and enforcement
(09/15/2009) A group of environmental scientists and economists warn that under current governing models the number and scale of human-caused crises are "outrunning our ability to deal with them".
Could DNA barcodes help fight the commercial wildlife trade? [warning: graphic image]
(09/08/2009) Illegal wildlife traders around the world may have a new enemy: DNA barcodes. These short genetic sequences could aid police and customs officials around the world in tracking the origin of confiscated bushmeat and other wildlife products.
Gold mining threatens world's most infamous reptile, the Komodo dragon
(08/24/2009) A row has taken off in Indonesia over whether or not to allow gold mining near Komodo National Park, home to the infamous, venomous, and largest of all lizards, the Komodo dragon. Eight mines have currently been proposed, several have already begun exploratory work. Critics of the gold mines contend that the mining threatens the ecology of the park and the Komodo dragon, listed as Vulnerable by the IUCN.
Brazil approves land tenure law that grants 260,000 sq mi of rainforest to settlers, speculators
(06/29/2009) Brazilian President Luiz Inacio Lula da Silva last week signed a controversial law granting 67.4 million hectares (166 million acres) of Amazon rainforest land to more than 1 million illegal settlers, reports Reuters.
Scientists call on Obama for ‘maximum personal leadership’ to combat global warming
(06/22/2009) Twenty leading scientists have called on President Obama “to exercise maximum personal leadership” in tackling the threat posed by climate change.
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