Coastal Development or Devastation?
Bulldozing mangroves on Bimini Island, Bahamas, to make way for the Hilton Group`s Bimini Bay Resort and Casino.
PHOTO: Pew Institute of Ocean Science, Bimini Biological Field Station
Hurricane Katrina has prompted many to ask whether it is wise to destroy coastal ecosystems to build tourist facilities, businesses, homes, and roads.
E-LAW advocates around the world have been working for years to protect coastlines from ill-advised development projects. Intact beaches, mangroves, sea grass beds, and coastal waterways buffer inland areas from hurricanes and typhoons. When development projects destroy these ecosystems, the potential for storm damage increases.
Diana McCaulay, Director of the Jamaica Environment Trust, says: "The concerns really hit the headlines when there is a storm or hurricane. That`s when we face the damage caused by poor decision making."
Diana says Jamaicans are not only threatened by high-rise Cancun-style development, but by destruction of wetlands and inadequate attention to natural drainage in areas where poor citizens live.
Jamaica`s coastlines are under assault. Over the past two years, E-LAW U.S. Staff Scientists have reviewed plans for 10 proposed coastal development projects in Jamaica.
In one of these cases, the Government of Jamaica allowed clearance of land just west of Runaway Bay in Saint Ann, before the public could comment on the proposed large-scale hotel project. E-LAW U.S. is collaborating with Jamaican partners to challenge this development. A group of environmental NGOs and individuals will soon file a lawsuit challenging the process for the approval for this project, aiming to strengthen legal protections for coastal regions in Jamaica.
E-LAW partner Clarisa Vega works with local police to protect mangroves in the Bay Islands, Honduras.
PHOTO: BICA-Utila
E-LAW U.S. works with partners around the world to protect coastal ecosystems, with current projects in the Bahamas, Mexico, Guatemala, Honduras, Belize, Ecuador, Sri Lanka, and India.
In Mexico, E-LAW advocates at the Cancun office of the Centro Mexicano de Derecho Ambiental (CEMDA) have filed a petition to halt development of a resort known as the "Mayan Palace." CEMDA attorney Patricio Martin was recently quoted in Mother Jones: "The government told people they`d be enriched by mass tourism ... But with package travel, the big money never enters Mexico. Foreigners get the money; we get the pollution and sprawl." (Mother Jones, "Pier Pressure," July/August 2005).
The Mesoamerican Reef, located off the Caribbean coast of Mexico, Belize, Guatemala and Honduras, is the second largest reef system in the world and draws thousands of tourists each year, constantly fueling the demand for tourist facilities. Inappropriate inland and coastal development threaten the Reef with sedimentation and pollution. That damage, combined with increasing frequency and intensity of El Niño/Southern Oscillation (ENSO) events caused by global climate change, is devastating to the Reef and the marine life it supports.
In July, E LAW U.S. Associate Director, Lori Maddox, worked with partners in Guatemala City to convene fishermen, dive operators, NGOs and government agencies to work together on new regulations protecting the Mesoamerican Reef and coastal ecosystems.
"By preserving coastal habitats, E-LAW advocates around the world are protecting communities from storm damage," says Mark Chernaik, E-LAW U.S. Staff Scientist.
Prawn farms off the coast of Belize.
PHOTO: Jennifer Gleason, E-LAW U.S.
In St. Thomas Parish, Jamaica, communities celebrated when authorities halted a proposed sand mining project that threatened local beaches. Jamaica Pre-Mix Ltd. proposed dredging two million metric tons of sand every year, for 20 years, from the mouth of the Yallahs River. The Jamaica Environment Trust (JET) called on E-LAW U.S. to evaluate the environmental impact assessment (EIA) for the
proposed project.
Mark found that the EIA failed to identify potentially destructive impacts on beach stability and the possibility of significant changes to the coastline.
Advocates at JET presented Mark`s findings to Jamaica`s National Environment and Planning Agency. NEPA notified the project proponents that approval would not be considered if the concerns outlined by Mark were not addressed. The project has been on hold ever since.
In July, E-LAW partners at the Bangladesh Environmental Lawyers Association (BELA) won a high court victory protecting a critical flood zone in the capital city of Dhaka. A developer had proposed filling the flood zone for a housing project.
Mark provided an expert witness affidavit explaining the risk of filling the flood zone. Dhaka lies in the delta of the Ganges and Brahmaputra Rivers, which flow from the Himalayas. Dhaka`s flood zones are critical to protecting the city`s nine million residents.
Hurricane Katrina and the Asian tsunami offer painful reminders that destroying natural coastlines to allow development can come at a high price. E-LAW is helping ensure that we learn lessons from these tragedies.
Salmon Farms Threaten Southern Chile
Preparing farm-raised salmon for export, Puerto Montt, Chile.
PHOTO: Flavia Liberona, Ecosistemas
"To see fish farming at its worst, travel to Chile," says Time Magazine.*
E-LAW U.S. Environmental Research Scientist, Meche Lu, recently traveled to Chile to see the problems first-hand and help communities respond.
Salmon are not native to Chile, but waters off southern Chile are supporting a growing salmon-farming industry. Unfortunately, fish farms can pollute aquatic environments and pose health risks to consumers.
Grassroots advocates at Fiscalía del Medio Ambiente (FIMA) and Alianza Aysén Reserva de Vida called on Meche this year to help educate fishing communities in Patagonia about problems with aquaculture and steps communities can take to protect waterways and coastal ecosystems.
Meche joined FIMA and Alianza Aysén to lead workshops in Puerto Montt to educate fishing communities about the impacts of fish farming, and how to strengthen environmental regulations to protect Chile`s wild fisheries.
Salmon cages in Puerto Montt, Chile.
PHOTO: Flavia Liberona, Ecosistemas
Meche said workshop participants were eager to learn about the fish farming industry and how to protect coastal areas.
In Puerto Montt, a woman complained that the river near her home had been contaminated because fish farms clean out their nets and equipment near the river. Others complained that fish farms had reduced the catch of local fishermen.
~~~   >O   ~~~   Fish Facts   ~~~   O<   ~~~ * Chile and Norway are the world`s largest producers of farmed salmon. * About 70% of Chile`s fish farm products go to the U.S. and Japan. |
| Source: Institute for Health and the Environment, University of Albany www.albany.edu/ihe/salmonstudy/background.html |
Fish farming means raising and feeding an enormous number of fish in a very small area, using antibiotics and pesticides to reduce disease and prevent parasites. Fish food, in the form of pellets, can contaminate the sea floor and disturb local ecosystems. Studies in North America have shown that PCBs can accumulate to unhealthy levels in the fatty tissues of farmed fish, posing health risks to consumers.
Environmental regulation in Chile has not kept up with the rapid development of salmon aquaculture. Many operations are placed dangerously close to each other and wastes are not monitored.
E-LAW U.S. is proud of its work helping fishing communities in Patagonia protect coastal ecosystems.
* Time Magazine, "Is Fish Farming Safe?" (November 17, 2002)
Victories for Clean Air
Everyone should be able to breathe clean air, but disadvantaged communities around the world are choking on toxic chemicals and particulates released by waste incinerators and polluting factories. E-LAW U.S. is helping communities challenge polluters, promote environmentally sound alternatives, and win clean air. The E-LAW network helped win the following victories for clean air:
Jamaican school children (PHOTO: Jamaica Environment Trust)
Waste Incinerators: A Bad Choice
Incinerating waste exposes people to dangerous environmental toxins, including mercury and dioxin. In the U.S. we are moving away from waste incineration. Outside the U.S., companies are still proposing to construct new waste incinerators. E-LAW U.S. is helping grassroots advocates around the world challenge proposed incinerators and protect clean air.
"The good news is that science and law are evolving in tandem to persuade societies to adopt environmentally sound alternatives to waste incineration," says Mark Chernaik, E-LAW U.S. Staff Scientist.
Scientists are educating decisionmakers about the amounts of environmental toxins that waste incinerators generate and how these toxins impact public health and wildlife. Lawmakers are beginning to protect communities from the burning of wastes, including requiring that proponents of waste incinerators properly assess their impacts, consider alternatives, and comply with strict environmental standards. In addition, socially responsible companies are developing affordable and efficient technologies to treat and dispose of wastes that do not involve burning.
E-LAW U.S. has been leading efforts to help public interest lawyers around the world challenge incinerators and promote environmentally friendly alternatives. The following are a few examples:
- E-LAW U.S. helped advocates in the Philippines convince their Congress to enact the Philippines Clean Air Act, which phases out waste incineration.
- E-LAW U.S. drafted a comprehensive, model medical waste management law that has been used by Ministries in South Africa and Pakistan to develop new laws.
- E-LAW U.S. helped advocates at the Jamaica Environment Trust (JET) win clean air for residents in Kingston. A local hospital proposed a medical waste incinerator on hospital grounds, near a Kingston residential area. At JET`s request, E-LAW U.S. critiqued plans for the incinerator and gave JET information about alternative and affordable medical waste management practices that safeguard public health. As a result, the hospital scrapped plans for the incinerator and moved ahead on efforts to steam sterilize its medical waste.
Diana McCaulay, JET`s Executive Director, said: "I feel very encouraged ... victories are very hard to find here in Jamaica. I intend now to see what I can do to get government policy changed, so that all hospitals will begin to change their waste management practices."
- E-LAW U.S. has helped partners at the Legal Resources Centre (LRC) in South Africa win many victories for clean air. Low-income families living in townships near Durban, Johannesburg, and Cape Town all received the support they needed to protect their neighborhoods from proposed toxic waste incinerators.
South Africa`s apartheid regime relocated millions of black South Africans to townships between 1976 and 1981. Today, residents there struggle to make ends meet. Companies often propose incinerator projects for township neighborhoods.
In Shongweni, outside Durban, a company cancelled plans for two medical waste incinerators and will instead build a steam sterilization unit. LRC called on E-LAW U.S. Staff Scientist Mark Chernaik to evaluate the project`s environmental impact assessment (EIA).
Mark said: "The company’s justification for building an incinerator to treat medical waste could be likened to using a gun to kill a mosquito!"
Adrian Pole, an environmental attorney working with LRC, wrote: "Many thanks to E-LAW for providing us with an expert report on the proposal. This report served us well to inform the public at community meetings, and was also very effective in support of LRC`s legal submissions on behalf of Earthlife Africa."
In Sasolburg, a community south of Johannesburg that struggles with 50% unemployment, authorities rejected a company`s plans to incinerate up to one million metric tons of liquid hazardous waste per year – more than half of the hazardous waste incinerated all year in the U.S.! Mark provided LRC with U.S. EPA studies on the amounts of dioxins that incinerators emit and the costs of adequately controlling toxic pollutant emissions.
In the Khayelitsha and Mitchells Plain townships, outside Cape Town, authorities rejected an international weapons manufacturer`s proposed incinerator. Mark provided LRC with critical support documenting the public health impacts of incinerating metals and identified experts to assess alternative waste disposal options.
Angela Andrews, LRC Staff Attorney, recently wrote to Mark: "Together we are making it a cleaner world."
Clean Air for Chemor, Malaysia
As reported last year, a community in Malaysia suffered for years from toxic emissions released by a latex processing plant. E-LAW U.S. worked with the Consumers Association of Penang (CAP) to provide the scientific information the community needed to convince the company to re-locate.
E-LAW U.S. recently received the following thank you note from Chai Sin Chong, Chairman of the Kuala Kuang Anti-Stench Committee:
Chemor residents celebrate with attorneys from the Consumers Association of Penang.
On behalf of the residents in Kuala Kuang, Chemor, I would like to thank your organisation for all the assistance that you have provided to help us with our struggle to put a stop to the factory’s operations in our area. It would have been impossible to make the factory operator enter into a settlement agreement without the scientific evidence as well as the hand-held equipment to measure the emissions which we submitted through our case in court.
Chai Sin Chong
Kuala Kuang Anti-Stench Committee
Chemor, Malaysia
E-LAW U.S. provided CAP with critical scientific resources, including a hand-held gas monitor, to measure ambient air levels of hydrogen sulfide near the factory. CAP revealed that families in Chemor were breathing levels of hydrogen sulfide 160 times higher than the standard permitted in the state of California!
Support from the Alice C. Tyler Perpetual Trust made it possible for E-LAW U.S. to purchase the hand-held hydrogen gas monitor and provide it to the community in Chemor.
Your Right to Live Free of Pollution: Holding Industries Accountable in Russia
In June, the European Court of Human Rights issued a unanimous landmark ruling awarding compensation to a 56-year old mother of three who suffers serious health problems from exposure to toxic emissions from Russia’s largest steel manufacturing plant.
Nadezhda Fadeyeva lives in a government-owned apartment in Cherepovets, an industrial center 200 miles northeast of Moscow. E-LAW U.S. Staff Scientist Mark Chernaik assessed the risk of exposure to pollutants near Fadeyeva`s home, and found that people living near the steelworks would suffer from more disease.
"I can hardly think of a more powerful case for the importance of E-LAW. The case has the potential to fundamentally shift thinking in Europe on the connection between human rights and the environment."
Phil Michaels, Friends of the Earth, U.K.
Lawyer Philip Leach, who argued the case, wrote: "The judgment means that the Government of Russia must either stop the pollution or move Mrs. Fadeyeva. If they move her, there would be nothing to stop the thousands of other people in her position from bringing similar cases."
This case may make it easier for pollution victims to challenge polluters and obtain remedies. Future victims will need to show only that they were exposed to pollutant levels exceeding health-based standards and that their illnesses are associated with exposure to those pollutants. This decision could improve the lives of thousands in Russia who suffer from pollution-related illnesses.
Defending Choco Forests
E-LAW partners Manolo Morales and Silvana Rivadeneira from ECOLEX pose (at center) with residents of La Chiquita. (PHOTO: Meche Lu, E-LAW U.S.)
E-LAW U.S. Environmental Research Scientist, Meche Lu, traveled to the Choco region of western Ecuador to help protect the African-Ecuadorian community of La Chiquita. People in the community complain that a nearby palm oil plantation and palm oil processing facility is polluting their community and the nearby creek with pesticides and factory effluent.
E-LAW U.S. and ECOLEX are making progress in joint efforts to educate communities in the Choco region about protecting biodiversity and public health from polluting palm oil facilities. The government of Ecuador has been seeking to expand the palm oil industry. Now, with help from E-LAW and ECOLEX, communities are starting to enforce the law and challenge abuses of the palm oil industry.
This is the first time that a local community in Ecuador has pursued legal action to clean up polluting palm oil plantations and mills!
Inside E-LAW U.S.: Welcome Leo, Thanks Interns
Thanks!
Geovanna Izurieta & Thomas Gremillion
Matt Fidanque
E-LAW U.S. thanks volunteer interns Matt Fidanque, Program Assistant; Thomas Gremillion, Law Intern; and Geovanna Izurieta, Spanish Translator, for their generous help this summer.
Welcome Leo!
Mark Chernaik and his wife Lisa welcome Leo Gabriel, born in Eugene on June 24. Mark is E-LAW U.S. Staff Scientist. Leo joins his sister Olivia, age five.