In Danger: East African Bongo

East African Bongo (Boocercus euryceros isaaci)

The bongo, Africa`s largest forest antelope, is on the brink of extinction. This striking animal with dramatic spiraling horns and trademark vertical stripes is rarely seen in the wild due to its shy nature and declining numbers. Perhaps only 100 survive among isolated populations in Kenya`s montane forests.

The World Conservation Union (IUCN) lists the bongo as endangered, and several on-site breeding programs are underway to bring these magnificent creatures back. Although bushmeat hunters and lions have wiped out large numbers, the greatest danger to the bongo`s survival is the loss of forest habitat.

Habitat loss will escalate if the Kenyan government`s recent forest excision proposal is adopted. The Government intends to remove from protected status more than 150,000 acres of pristine montane forests. These lands will be opened to logging in order to establish human settlements. The forests slated for destruction include the Western Mau and Trans-Mara forests — part of a critical ecosystem that is home to some of Kenya`s most extraordinary wildlife. Not only will forest habitats be devastated; the clearcuts will also impair two of Kenya`s largest watersheds, contaminating wildlife breeding and feeding sites as far south as the Serengeti and Lake Natron in Tanzania.

E-LAW partners in Tanzania and around the world are helping lawyers in Kenya oppose the new logging plan. Sri Lankan lawyers recently provided information about a case in their country broadening the government`s obligation to protect natural resources for the benefit of the public. Forest cover in Kenya has already fallen to less than two percent of the country`s total land area. The government`s recent plan would reduce remaining forests by an additional 10 percent.

The Toxic Legacy of Mining

Mining takes a severe toll on the environment, disturbing vast areas of land and polluting water and air with toxic by-products. Grassroots attorneys around the world call on E-LAW for help understanding the complex scientific and technical issues that mining raises. Many lawyers in the E-LAW network have little training in the sciences, so there is a tremendous need for this technical expertise.

Families live near a U.S.-owned smelter in La Oroya Antigua in the Peruvian Andes. (Photo: Meche Lu)

Every stage in the mineral extraction process poses significant dangers. The initial extraction of ore deposits often involves bulldozers destroying vegetation and removing layers of soil. Mineral-bearing ores contain only a small fraction of the desired mineral, so milling of ore results in massive amounts of waste material, called tailings. Tailings are stored in enormous ponds or simply dumped in or near rivers. Tailings often contain toxic heavy metals and acid- generating wastes which can poison water for decades.

A variety of techniques are used to extract minerals. In gold mining, a highly toxic cyanide solution is often used to leach gold from piles of rubble, posing an immediate threat to nearby communities and wildlife. A tailings dam at the Omai Gold Mine in Guyana broke in August 1995, discharging 3.2 billion liters of cyanide-laced water into the Omai and Essequibo Rivers. Mining practices established for dry regions of the U.S. were used at the rainforest site at Omai, with tragic results. E-LAW U.S. has worked with grassroots attorneys in Guyana seeking compensation for river communities poisoned by cyanide.

The final stage of mining — mine reclamation — is often neglected. Mining companies frequently abandon their wastes, leaving a legacy of environmental damage for future generations.

Grassroots attorneys in Peru, Kenya, Tanzania and South Africa are calling on E-LAW for help protecting communities from adverse mining impacts.

In Peru, protests have forced the government to give local residents the final say on whether a Canadian company can develop a massive copper deposit. Wastes from the mine may ruin the area`s agricultural production. Responding to a call from local lawyers helping the community, E-LAW`s scientists reviewed the EIA and identified several flaws in the mining project design.

In Kenya, an environmental lawyer recently convinced a judge to stop development of a large- scale titanium mine. E-LAW`s scientists are reviewing the EIA for the proposed operation. In Tanzania, several people have died after allegedly coming into contact with cyanide-laced effluent from a gold mine near Lake Victoria. E-LAW`s scientists helped local lawyers find low- cost, portable test kits that can be used to identify whether the mine is the source of deadly cyanide leaks.

E-LAW U.S. Staff Scientists are working with pro bono scientists across the U.S. to get advocates the exact information they need to protect the environment and public health.

Pro Bono Scientists

A key to E-LAW`s high impact success is the dedicated scientific experts who provide pro bono assistance to E-LAW lawyers around the world. These experts are some of the nation`s foremost authorities in fields such as environmental chemistry, microbiology, and epidemiology.

By providing free help to our partners around the world, these scientists help E-LAW achieve big impacts at low cost. In addition, E-LAW`s pro bono scientists extend the benefits of their good work for the environment in the U.S. to communities in other countries.

These experts provide thousands of dollars worth of free scientific support, including everything from analyzing technical portions of environmental impact assessments to signing affidavits and providing expert opinions in court cases.

Glenn Miller

Glenn Miller

For a case in South Africa, Glenn Miller, Director of Environmental Sciences and Health at the University of Nevada at Reno (and E-LAW U.S. Director), prepared an affidavit that was submitted on behalf of communities affected by air and water pollution from massive, abandoned gold mining waste dumps in South Africa`s gold mining belt. The affidavit will educate the judge about environmental problems associated with mining wastes and how to remediate dump sites.

Glenn has had a powerful influence on environmental legislation in Nevada — most notably in the passage of the 1989 mining law which made industry responsible for reclaiming contaminated lands. As a leading expert on the ecological impacts of mining wastes, he is recognized not only for his deep scientific understanding, but also for his "willingness to roll up his sleeves."

Wilma Subra

Wilma Subra is President of the Subra Company and Technical Advisor to the Louisiana Environmental Action Network. She holds degrees in microbiology and chemistry from the University of Southwestern Louisiana and was awarded a MacArthur "genius" award in 1999. Wilma is an active member on several U.S. EPA and state scientific advisory committees, and is frequently called upon to testify on environmental issues before Congress.

Wilma is passionate about empowering local communities to influence environmental decision-making. She is dedicated to making technical research and data publicly available, and has been responsible for establishing community air monitoring programs throughout Louisiana and Texas. These local initiatives have forced state and federal agencies to bolster inspections, surveillance and enforcement actions at polluting factories.

A native of oil-rich Louisiana, Wilma has become a national expert on the environmental impacts of oil drilling. She recently helped E-LAW partners in Costa Rica review sections of the environmental impact assessment for a controversial offshore oil and gas exploration project. Wilma evaluated the oil company`s proposed drilling plan and described how the disposal of drilling wastes could negatively impact coastal areas.

Christopher Weaver

Christopher Weaver is the founder and President of Engine, Fuel, and Emissions Engineering, Inc., in Sacramento, California. He is an automotive engineer with more than 20 years of experience in engine technology, fuels, emission controls and environmental policy. Chris has served as a consultant to the U.S. EPA and the World Bank, where he helped design vehicle emission control programs for Mexico City, Bangkok, São Paulo, Santiago and Buenos Aires. He has been a major force in the global effort to phase out leaded gasoline.

Chris is currently helping E-LAW advocates in Africa improve urban air quality where vehicles run on dirty fuel without emission controls. These advocates represent the NGO community on a committee establishing standards for clean fuels and vehicle emissions.

Chris has helped E-LAW advocates at critical moments of the committee`s negotiations. For example, Chris helped demonstrate that reducing diesel fuel sulfur content will indirectly reduce deadly particulate matter. Chris also helped debunk assertions that leaded fuel was still needed for Africa`s aging vehicle fleet, and that unleaded fuel would worsen air quality. The committee is nearing compromise positions on fuel quality and emission standards that will set a precedent in reducing motor vehicle pollution.

Headlines: E-LAW in the News, Summer 2001

E-LAW Advocates Win Environmental Prizes

May 16, 2001 — The Mercury News (San Jose, California) reports that Rakesh Jaiswal was honored by the Dalai Lama as an "Unsung Hero of Compassion" at a San Jose award ceremony organized by San Francisco`s "Wisdom in Action." The award was given to 50 individuals "who, through their loving kindness and service to others, have made their communities and our world a better place." E-LAW U.S. is working with Rakesh and his organization Eco-Friends in Kanpur, India, to clean up the Ganges River.

In celebration of this year`s World Environment Day, E-LAW advocates P.B. Sahasranaman of Kerala, India and Raquel Gutierrez of Guadalajara, Mexico also won environmental awards. P.B. won a "Bhoomi Mitra" award from the Association for Environment Protection for his "outstanding contribution to the field of environmental protection" and Raquel received an Ecological Merit Award from Mexico`s Secretary of the Environment and Natural Resources for her work protecting Mexico`s environment.

South African environmentalists seek moratorium on incinerators

May 15, 2001 — The Inter Press Service reports that nine medical waste incinerators are being proposed in Gauteng, South Africa`s most densely populated and heavily industrial province. E- LAW advocate Ellen Nicol, a lawyer at the public interest law firm Legal Resources Center, says that once granted, permits to operate incinerators often are renewed even when companies fail to comply with their contracts. In the United States, more than 280 incinerator proposals have been defeated or abandoned since 1985 due to public opposition.

E-LAW U.S. has worked with Ellen since 1998 to protect communities in South Africa from the dangers of hazardous waste incineration.

Titanium mine threatens coast of Kenya

May 9, 2001 — The Daily Nation (Nairobi) reports that plans by Canada-based Tiomin Resources Ltd. to prospect and mine titanium in Kwale District on Kenya`s coast are being challenged in High Court by Attorney Gikandi Ngibuini, representing 205 local farmers. Ngibuini argues that Tiomin Kenya has not submitted an adequate environmental impact assessment (EIA). The court issued a temporary injunction stopping the company from mining.

E-LAW U.S. Staff Attorney Jennifer Gleason and E-LAW U.S. Information Technology Manager Glenn Gillis met Gikandi in Mombasa during an outreach trip to East Africa in May. They were joined by Vincent Shauri of Tanzania`s Lawyers` Environmental Action Team. E-LAW U.S. Staff Scientists are critiquing the EIA for the mine.

PNG wilderness laid waste by corruption

May 2, 2001 — Australian television`s SBS Dateline featured E-LAW advocate Annie Kajir in "PNG Wilderness Laid Waste by Corruption." Dateline reporter John Bennett details the corruption and violence which underlie every aspect of logging operations in PNG.

Annie represents indigenous communities challenging logging companies in Papua New Guinea. She works at the Center for Environmental Law & Community Rights in Port Moresby. E-LAW U.S. has worked with Annie since 1998.

Green power grows south of border

April 29, 2001 — The Los Angeles Times reports that environmental activists in Mexico are using more sophisticated techniques to protect the environment, including legal remedies to address border pollution. E-LAW advocate Carla Garcia Zendejas says: "There is a change in the way things are being done... It`s not just about going up and throwing trash in front of the municipal building. It`s about learning about the law."

Carla provides free services to women working in maquiladora factories along the border. She has worked with E-LAW U.S. since 1998.

GM foods banned in Sri Lanka

April 27, 2001 — The Island (Sri Lanka) carried an op-ed article by Charmini Kodituwakku and Priya Monagurusamy of the Environmental Foundation Ltd. titled "GM ban — timely." Charmini and Priya report: "In our country the indifference of the consumer must no longer be an event to be monopolised by the multinational companies engaged in trading off genetically modified material." E-LAW advocates in Sri Lanka helped push for their nation`s ban on the import of genetically modified foods. Sri Lanka is the first country to impose such a ban.

E-LAW U.S. has worked with advocates at Sri Lanka`s Environmental Foundation Ltd. and the Public Interest Law Foundation for over 10 years.

Mexico cancels hotel project to help turtles

April 20, 2001 — Reuters reports that the Mexican government has revoked permission for a Spanish chain (Sol Melia) to construct five hotels on nearly 165 hectares of beach in Xcacel- Scacelito, 67 miles south of Cancun. The area of the planned hotel development is home to endangered turtles and Mayan ruins.

E-LAW advocates at Centro Mexicano de Derecho Ambiental (CEMDA) represented communities in Mexico opposing the hotel project. E-LAW U.S. has worked with CEMDA since 1995 to protect marine environments.

Kenya forest plan sparks outrage

April 15, 2001 — The Los Angeles Times reports that plans by the Kenyan government to log 167,000 acres of woodlands, in the guise of a resettlement scheme for landless Kenyans, has resulted in widespread anger among environmentalists, politicians and concerned citizens.

E-LAW U.S. is working with Kenyan attorney Nixon Sifuna, who filed suit in the Kenyan High Court in Eldoret and won a temporary injunction blocking the planned deforestation. E-LAW U.S. Staff Attorney Jennifer Gleason and E-LAW U.S. Information Technology Manager Glenn Gillis traveled to Kenya in May to meet with Nixon and attend the first hearing of the case. (See article, page 2.)

Belize dumps landfill site

April 4, 2001 — Greater Belize Television reports that the Cabinet has decided that a sanitary landfill slated for mile 27 on the Western Highway will now be re-sited at mile 24. The turnaround came after strident opposition from a coalition of environmental groups and local residents. Prime Minister Said Musa said: "we decided it would be best politically as well as environmentally to move ahead on the mile 24 site."

Advocates at the Belize Institute for Environmental Law and Policy (BELPO) asked E-LAW U.S. to review the environmental impact assessment for the mile 27 site. E-LAW U.S. staff found numerous omissions and flaws.

Inside E-LAW: Interns, Meche Lu

Interns at E-LAW U.S.

Interns help E-LAW U.S. staff give advocates around the world the support they need. During the spring term three students interned in our office: Amos Nadler is a pre-law student at Lane Community College, Sayo Fukakusa is an environmental studies major at the University of Oregon and Clara Barnes is a political science major at the University of Oregon. Thanks to all of them for their hard work for E-LAW!

Meche Lu: Science Circuit Rider

Thanks to support from the Ford Foundation, Meche Lu has begun work as E-LAW U.S. Science Circuit Rider for Latin America. Meche will travel throughout Latin America, working one-on-one with E-LAW advocates to give them the scientific expertise they need to protect the environment and public health. Meche`s position is modeled after E-LAW`s highly successful Technology Circuit Rider program.

Meche has offered her expertise to the E-LAW network since 1991. She holds degrees in pharmacology and biochemistry from San Marcos University in Lima, a certificate in environmental management, and is an expert in the pharmacological aspects of Peruvian plants.