
E-LAW U.S. celebrates a landmark victory for the people of Nigeria`s Niger Delta.
In a case against Shell Petroleum Development Company of Nigeria (Shell), a judge for the Federal High Court of Nigeria ordered that gas flaring must stop. The judge found that gas flaring violates citizens` constitutional rights to life and dignity.
Gas flaring is the outdated practice of using open flames to burn off associated gases that are extracted from the earth along with crude oil. Flaring generates greenhouses gases and subjects local communities to constant heat, light, noise, and air pollution.
Over the last 40 years, pollution from flares has destroyed crops and exposed Delta residents to an increased risk of premature death, respiratory illnesses, asthma, and cancer.
Nigeria has been the world`s biggest gas flarer, and the practice has contributed more greenhouse gases than all other sources in sub-Saharan Africa combined. The wasteful practice costs Nigeria about US$2.5 billion annually, while about 66% of its population lives on less than US$1 a day.
E-LAW U.S. Staff Attorney Jennifer Gleason has traveled to Nigeria, and Nigerian environmental lawyers have come to Eugene to work with E-LAW U.S. E-LAW U.S. provided scientific and legal support to help win this victory.
This sweeping decision against Shell should end flaring by all companies in the Niger Delta, including ExxonMobil, ChevronTexaco, TotalFinaElf, and Agip.
E-LAW U.S. Executive Director Bern Johnson said: "We are thrilled to have helped bring justice to the people of the Niger Delta. For too long, they have suffered while oil companies have made millions selling Nigeria’s oil."
Reverend Nnimmo Bassey, Executive Director of Environmental Rights Action/Friends of the Earth Nigeria, commented:
"For the first time, a court of competence has boldly declared that Shell, Chevron and the other oil corporations have been engaged in illegal activities here for decades. We expect this judgement to be respected and that for once the oil corporations will accept the truth and bring their sinful flaring activities to a halt.
"This victory marks a new dawn in the struggle of the communities of the Niger Delta to have these flares of hell switched off. For the first time there is a hope that children here can hope to have a dark, quiet night, enjoy the chirps of birds and rest their ear drums from the awful noise of these gas flares."
E-LAW U.S. congratulates the lawyers at Environmental Rights Action and the courageous people of the Iwherekan community who are leading this pioneering effort. Congratulations also to the Climate Justice Programme for its tremendous support.
For more information, visit: www.climatelaw.org.

SBDA`s Aire Puro campaign produced air freshners for cars that say: "Movimiento Aire Puro: Hace tu parte" (Clean Air Campaign: Do your part).
E-LAW partners in Santa Cruz are using creative approaches to protect Bolivia`s tropical forests. Attorney Diego Gutierrez and radio producer Mauricio Aguilera have teamed up to launch "Aire Puro," a multimedia clean air campaign that calls attention to the serious health hazards of breathing smoke-filled air.
Aire Puro has brought widespread attention to illegal burning of forests, and mismanagement of fire on farms and ranches. The campaign has put pressure on Bolivian authorities to enforce Bolivia`s fire laws to protect public health, the environment, and the economy.
In October, E-LAW U.S. Environmental Research Scientist Meche Lu and Communications Director Maggie Keenan traveled to Bolivia to work with Diego and Maurcio at their non-profit environmental law organization, Sociedad Boliviana de Derecho Ambiental (SBDA). Maggie`s report is below.
Trip Report
Maggie Keenan
Santa Cruz, Bolivia

Santa Cruz, Bolivia, is one of the windiest places in South America. Winds funnel down the east side of the Andes and fan fires used to clear farm lands and forests, destroying critical habitat and leaving a thick haze over Santa Cruz and surrounding areas.
When Meche and I stepped off the plane in Santa Cruz, we could immediately smell the smoke, and the sky was obscured by a smoky haze.
"There are laws to control burning, but the laws are not being enforced," says SBDA Director Diego Gutierrez. Bolivian law requires farmers to get a permit to burn their fields, and fires are never permitted during high winds. Using fire in public forests is also illegal. "Only 2% of the population complies. This is an official number!" said Diego.
The sad result is that air quality in Santa Cruz these past two years has been three to six times worse than standards set by the World Health Organization, and forests are dwindling. Neighboring Brazil has similar problems with forest fires.
SBDA has found an effective way to bring much needed attention to Bolivia`s forest fire problem. In May 2005, at the start of the windy season, SBDA launched the Aire Puro campaign. SBDA tapped $100,000 worth of free radio and television production services, as well as air time and newspaper ads.

SBDA included this illustration in an educational booklet that it produced to help people around Ixiamas learn to manage forests sustainably.
"The air is full of smoke and the campaign drives home the health threat. Breathing this air is dangerous! The authorities are now under increasing pressure to enforce the law, which protects the forests," said Mauricio.
Meche and I worked with Diego and Mauricio to strengthen SBDA and identify funding prospects for their forest protection work in the year ahead. A guiding principle at E-LAW is that dedicated grassroots advocates, working at home, in strong organizations, can protect ecosystems for generations to come. That`s why we focus on groups like SBDA.
E-LAW U.S. has worked with SBDA for several years to protect Bolivia`s forests. Together, we have hosted forestry workshops in Ixiamas, a small town near Madidi National Park – one of the world`s most pristine rainforests. SBDA forestry workshops have educated communities here about sustainable forest management and how to protect the Park.
Richard Collins, a Tacana rubber tapper, was motivated by SBDA workshops to become the first indigenous person elected to the Ixiamas City Council. SBDA forest workshops helped Richard understand Bolivia`s forest laws and protect the resource that he depends on to support his family.
The Tropical Andes contain unparalleled biodiversity and are home to thousands of endemic plant and animal species. E-LAW U.S. congratulates its partners at SBDA for their hard work and ingenuity in protecting the region`s magnificent forests. E-LAW U.S. also thanks the John D. and Catherine T. MacArthur Foundation for its support of E-LAW`s work in Bolivia.

For years, families in Chacras de la Merced, a low-income community of 5,000 in central Argentina, suffered from chronic gastrointestinal disease. Their drinking water was contaminated by a failing sewage treatment plant. Today, they are drinking clean water.
E-LAW U.S. Environmental Research Scientist Meche Lu collaborated with local partners to bring clean water to Chacras. Meche traveled to Chacras in October and was overwhelmed by the community`s gratitude. One local doctor said: "This is a great relief to the community. The people are healthier and they feel more hopeful about their future."
Residents of Chacras complained for years about a sewage treatment plant that was built in the middle of their community. The plant needed maintenance, lacked capacity, and frequently discharged effluent into the Suquia River.
Wells along the river had been the community`s only source of water and many children and family members suffered from gastrointestinal illnesses.
Although families suspected that the failing sewage treatment plant was causing their problems, they did not have the scientific evidence to prove it. Lawyers at the Center For Human Rights and Environment (CEDHA) called on E-LAW U.S. to get what they needed to help the community – scientific evidence they could use in court.
In 2003, Meche traveled with CEDHA to Chacras. She took water samples from the local river and wells, had them evaluated at a lab, and proved the sewage plant was causing the disease that plagued the community.
With this information, CEDHA won a court order directing the municipality to immediately provide clean drinking water and upgrade the plant.
E-LAW U.S. congratulates its partners at CEDHA and commends local authorities for bringing clean water to Chacras de la Merced.

Canada-based mining giant Barrick Gold has upset communities in Chile with plans to develop a gold and silver mine high in the Andes, on Chile`s border with Argentina. The "Pascua Lama" project would relocate Andean glaciers and re-route mountain waterways around toxic tailings ponds.
In October, E-LAW U.S. Environmental Research Scientist Meche Lu and Communications Director Maggie Keenan traveled to Santiago to work with E-LAW partners at Fiscalia del Medio Ambiente (FIMA), Chile`s leading grassroots environmental law organization. FIMA has joined ecologists, indigenous communities, farmers, and civil society groups that are mobilizing against the Pascua Lama project.
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 U.S. 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.
Meche is working with FIMA`s Andrea Reyes to review the project`s Environmental Impact Assessment and develop strategies to protect the region`s fragile natural resources.
The Pascua Lama project is at the headwaters of the Estrecho River, under three glaciers that feed irrigation systems for 70,000 small farmers in the Huasco valley, 660 km north of Santiago. Olive, grape, and vegetable farmers fear the project will contaminate local water supplies. Communities are also concerned about the impacts of building roads, mining truck traffic, and the effects of dynamite on nearby glaciers.

In November, a group of students that Andrea collaborates with from the University of Chile organized a forum: "Foro Pascua Lama: La Legalidad forzada en el reino de Barrick" (Pascua Lama Forum: Imposed law in the kingdom of Barrick), to help coordinate efforts to protect Chile from the ill-advised Pascua Lama project. FIMA President Fernando Dougnac was a featured speaker.
Mining extracts an enormous toll on communities and the environment. E-LAW U.S. is helping partners around the world work to protect communities from environmentally destructive mining projects:
In Peru, children in La Oroya have blood lead levels that far exceed World Health Organization standards. E-LAW U.S. is helping partners in their efforts to convince the U.S.-owned mining company in this Andean town to clean up its act.
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. In Tanzania and Ghana, E-LAW U.S. helped partners respond to cyanide spills.
In Kenya, a proposed titanium mine threatened ecosystems near Mombasa, on the Indian Ocean. E-LAW U.S. helped partners evaluate the environmental impacts of the proposed mine.
In Zambia, huge tracks of land have been mined and rendered useless by the copper industry. E-LAW U.S. worked with partners to address these and other abuses of the copper industry.
In Indonesia, communities suffer from mercury poisoning around Buyat Bay. E-LAW U.S. helped partners evaluate mining pollution in the Bay.

The pristine beauty of Chile`s Patagonia region is threatened by pollution from the salmon farm industry and plans to dam wild rivers for hydroelectric projects.
E-LAW partners at Ecosistemas are working with E-LAW U.S. to defend ecosystems in southern Chile from these and other threats.
Ecosistemas is a new non-profit organization that grew out of the success of Alianza Aysen Reserva de Vida, an alliance of local organizations that helped protect the Puerto Montt region from a Canadian company’s plans to dam three wild rivers for an aluminum smelter project.
While in Santiago in October, E-LAW U.S. Environmental Research Scientist Meche Lu and Communications Director Maggie Keenan met with Ecosistemas staff to collaborate on efforts to protect ecosystems in Patagonia.
Ecosistemas biologist Flavia Liberona and journalist Mitzi Urtubia were impressed by the results of community education workshops Meche helped conduct in Puerto Montt and Coyhaique in 2005.
"This was the first time communities had access to scientific information about the environmental impacts of salmon farming," said Mitzi. "This information has spread throughout the communities by radio and through local schools."
Southern Chile`s unique river and forest ecosystems now face what may be their gravest threat. A Spanish company, Endesa, has announced plans to build at least five hydroelectric power plants in southern Chile over the next 15 years.
Meche is providing scientific support to partners at Ecosistemas and Fiscalia del Medio Ambiente (FIMA) as they work to protect Chile`s wild rivers. E-LAW U.S. thanks the Weeden Foundation for supporting this high impact work.

2006 E-LAW Annual Meeting
Plans are underway for the 2006 E-LAW Annual Meeting, to be held in Valparaiso, a UN World Heritage Site on Chile`s coast. E-LAW partners at FIMA will host the 2006 meeting in late summer. More than 50 E-LAW partners from 30 countries are expected to participate. FIMA`s Andrea Reyes is working with E-LAW U.S. Communications Director Maggie Keenan to raise support for this gathering of the world’s leading grassroots advocates.

Jeanette de Noack, Guatemala
Jeanette de Noack is an attorney with Centro de Accion Legal-Ambiental y Social de Guatemala (CALAS) in Guatemala City. She is working with E-LAW U.S. on a four-year project to build capacity to protect the Mesoamerican Reef through law.
The Mesoamerican Reef is the world`s second largest barrier reef, next to Australia`s Great Barrier Reef. It is home to tremendous biodiversity and supports coastal economies in Mexico, Belize, Guatemala, and Honduras. But the Reef is threatened by pollution, poorly regulated tourism practices, and unsustainable fishing. The governments of the four countries have agreed to protect the Reef, and E-LAW is helping public interest lawyers turn those commitments into tangible protections, on the ground.
In the coming months, CALAS and E-LAW U.S. will educate fishing communities, dive operators, and enforcement agencies about new regulations intended to protect the Reef. E-LAW U.S. thanks the National Fish and Wildlife Foundation and the Summit Foundation for its support of E-LAW`s work in the region to protect the Reef.
While in Eugene, Jeanette is participating in a 10-week intensive English program at the University of Oregon`s American English Institute. She has spoken about her work in Guatemala at the Northwest Tribal Water Rights Conference and at monthly meetings of the West Cascade Peace Corps Association and the Professional Women`s Network of Oregon.
For more information on CALAS, see: www.calas.org.gt.


Diana McCaulay and Akilah Anderson, Jamaica
In October, Diana McCaulay and Akilah Anderson from the Jamaica Environment Trust (JET) traveled to Eugene to work with E-LAW U.S. staff lawyers and scientists to protect Jamaica`s beaches from ill-advised development. Diana and Akilah also worked with E-LAW U.S. development staff to raise JET`s visibility and design approaches to prospective funders for JET`s important work.
Diana is JET`s Executive Director. Akilah was hired in 2004 to serve as JET`s first full-time attorney.
JET`s environmental education programs have reached students in one-third of Jamaica`s schools, and its beach cleanup and Earth Day programs have attracted wide participation. Facing more threats to Jamaica`s environment, in 2002, JET began law and advocacy work. Since then, JET has been working to educate local communities about environmental conservation and the role communities can play in implementing and enforcing effective environmental laws.
E-LAW U.S. Provides Global Interns

E-LAW U.S. is helping university students gain professional experience overseas, while they provide valuable support to E-LAW partners around the world.
Cadence Barkhurst, a student at the University of Oregon, is now in Berlin, Germany, working with E-LAW partner Michael Zschiesche at the Independent Institute for Environmental Concerns (UfU). UfU was founded in 1989 by 40 scientists seeking to protect and restore Germany`s ecological balance. Michael is one of two lawyers on staff. He has collaborated with E-LAW U.S. for many years.
Cadence writes: "I`m working on...the most exciting task yet, reviewing the EU Public Participation and Environment directive and other materials for implementation into German law. My work is in preparation for an UfU workshop on the Aarhus Convention* and NGOs, to be held in November!"
Cadence`s four-month internship is sponsored by IE3 Global Internships, a regional program of the Oregon University System. E-LAW U.S. Education Director Carolyn Sykora helped Cadence connect with UfU and is now identifying more E-LAW partner organizations seeking student interns in 2006.
The experience can be life-changing. Cadence writes: "The last few weeks here have been monumental for me. I know now, without a doubt, that I want to pursue an environmental law degree...being able to see the work and life of environmental lawyers in action at UfU, and on the E-LAW network, I`ve found the final inspiration I needed. ... My work at UfU and with E-LAW has already had long-lasting impacts on my career and life!"
IE3 Global Internships are available to undergraduate and graduate students at select universities in Alaska, Minnesota, Oregon, Utah, and Washington. For more information, see http://ie3global.oregonstate.edu.
* The UN Economic Commission for Europe`s Aarhus Convention is a unique agreement linking environmental rights and human rights. It guarantees access to information, public participation in decision-making, and access to justice in environmental matters. UfU is working to bring this agreement to Vietnam.

Fall 2005 Legal Externs
E-LAW U.S. thanks legal externs Rachel Kastenberg, Catherine Seelig, and Brianna Tindall, for helping E-LAW advocates around the world better protect the environment through law. The E-LAW U.S. externship program operates in collaboration with the Environment and Natural Resources Program (ENR) at the University of Oregon School of Law. Rachel, Catherine, and Brianna will receive academic credit for their work with E-LAW U.S. during fall term 2005. These externs help E-LAW U.S. deliver high impact work around the world. Many thanks to ENR Director Adell Amos for making this collaboration possible.