Protecting the Air in South Africa, Peru, and South Asia

The World Health Organization reports that developing world cities face severe levels of urban air pollution - higher than developed world counterparts.  Most of the pollution is generated by vehicles, industry and energy production.  Dirty air kills some 800,000 people every year.  Clean air is a fundamental human right.  Unfortunately, the urban poor bear a disproportionate burden of health problems caused by polluted air, including heart disease, pneumonia and children's asthma.  ELAW is working with partners in Asia, Africa and Latin America to level the playing field for the urban poor and clear the air in some of the world's most polluted cities.  We report on our progress in South Africa, Peru, India, Bangladesh, Sri Lanka and Pakistan.  

South Africa
Toxic smoke spews from factories across South Africa and vehicle emissions pollute South Africa's cities.  ELAW partners Angela Andrews and Eugene Cairncross, based in Cape Town, have been working for more than a decade to clean up South Africa's air.  Angela is an attorney at the Legal Resources Centre (LRC) and Eugene is a professor at the Cape Peninsula University of Technology.  Angela represents citizens and community-based organizations that want stronger emissions laws and polluters held accountable.

In 2008, ELAW scientists helped Angela and Eugene review South Africa's draft national industrial pollutant standards, to ensure that they compel compliance and call for using the best available pollution control technology.  The committee drafting these standards will wrap up its work in early 2009.
In 2006, leaded gas was banned in South Africa.  ELAW collaborated with Angela and Eugene to help win that Cabinet decision, making South Africa the first African country to ban lead in gas.  The world's leading manufacturer of lead additives, Octel Corporation, sought to delay the phase-out until 2010.  Angela challenged the proposed delay, and won.
In 2004, ELAW helped Angela and Eugene draft submissions to strengthen the proposed new Air Quality Act.  The statute gave authority to South Africa's regulatory authority to enact, by regulation, emission limits for industrial facilities that are nearing finalization.
In 2003, ELAW helped Angela and LRC attorneys Patrick Pringle and Ellen Nicol persuade environmental authorities to reject a proposal to build a massive hazardous waste incinerator near the low-income township of Sasolberg.  LRC worked with ELAW to win environmental justice for township residents who are unfairly burdened by the impacts of polluting industries in South Africa.  

Peru
Eleven years ago, ELAW began work with partners in Peru seeking justice for the community of La Oroya.  Residents of this remote city in the Peruvian Andes suffered quietly in the shadows of a U.S.- owned smelter that belched cadmium, sulphur dioxide, lead and arsenic-laced smoke.  Hundreds of children here had dangerous levels of lead in their blood.
"When we started working on La Oroya, nobody cared," says ELAW scientist Meche Lu.  "There was no information in Peru's mainstream media, no community awareness, denial from the government, and absolute freedom for the company to pollute.  Today we see positive change."
Meche is a Peruvian biochemist.  She worked closely with ELAW Staff Scientist Mark Chernaik and with environmental toxicologists Stephen Rothenberg and Howard Mielke at Xavier University to carry out soil and dust analysis in La Oroya.  The results were shocking.  Every sample contained dangerous amounts of lead, cadmium, arsenic and other toxics.
In response to the community outcry, the Government acknowledged, for the first time, the seriousness of the health hazard and flagged La Oroya as a "priority area" in Peru's Air Quality Act.  The Government and the Doe Run Corporation were forced to take steps to clean up the mess.  The Blacksmith Institute named La Oroya one of the world's 10 most polluted places and international media has helped keep the pressure on.

In late 2008, Doe Run installed a sulphuric acid plant to help capture SO2 emissions.
"The public awareness raised in La Oroya has given courage to other communities in Peru to speak out against polluting multinational mining companies and defend their right to a healthy environment," says Meche. 
Meche says, "La Oroya symbolizes the strength it takes to win environmental justice in Latin America.  Even though mining is a highly profitable activity, it rarely improves the living conditions of local people.  Local movements, like the one in La Oroya, are the best defense of the fundamental right to a healthy environment."
ELAW continues to support the people of La Oroya and groups in Peru working for environmental justice.

Cleaning up the Air in South Asia

M.C. Mehta Environmental Lawyer

Severe air pollution threatens congested cities throughout South Asia. ELAW is working with partners in Bangladesh, Pakistan, Sri Lanka and India to seek compliance with court orders to clean up the air.
Residents of Dhaka, Bangladesh (population 12 million) are choking on noxious vehicle emissions. The Supreme Court of Bangladesh passed orders to reduce pollution from motor vehicles and mandated the establishment of motor vehicle emission inspection stations.
ELAW is working with the Bangladesh Environmental Lawyers Association to enforce these court orders.
The Government of Bangladesh now requires that all new motor vehicles be equipped with a catalytic converter and has banned new licenses for two-stroke three-wheelers - the vehicles responsible for the majority of toxic emissions in Dhaka.
ELAW is working with partners in Pakistan and Sri Lanka to seek compliance with similar court orders. In Pakistan, the Supreme Court has mandated motor vehicle inspection and in Sri Lanka the court has ordered the establishment of air pollution emission standards.
In India, ELAW is working with one of the world's leading environmental lawyers, M.C. Mehta, to clean up the air and hold polluters accountable. Years ago, ELAW provided M.C. with evidence that he used to show that sulfur dioxide emissions from a petroleum refinery and iron foundries were corroding the marble in the Taj Mahal. Since M.C. began work on this case in 1984, the court has closed more than 600 industries in the name of preserving the national treasure and insisted that new buildings employ cleaner technologies.

PHOTO: Mridula Dwivedi

While visiting ELAW recently, M.C. spoke about the long term impact of this work, including the installation of an air pollution monitor on the grounds of the Taj Mahal. He said, "There is no hiding now. The pollution monitor is there for everyone to see."

Protecting Water in the Philippines and Around the World

PHOTO: Vincent Venderveken

In September 2000, world leaders came together in New York to adopt the United Nations Millennium Declaration, committing their nations to a new global partnership to reduce extreme poverty and setting out a series of time-bound targets - with a deadline of 2015 - that have become known as the Millennium Development Goals.

The Declaration states: "We must spare no effort to free all of humanity, and above all our children and grandchildren, from the threat of living on a planet irredeemably spoilt by human activities, and whose resources would no longer be sufficient for their needs."

ELAW is working with partners around the world to protect vital natural resources for future generations.  An important part of this work is protecting water and holding polluters accountable.  We do this by:

• Designing scientific testing and monitoring programs, to identify water pollutants and assess clean up efforts. 
• Reviewing Environmental Impact Assessments and project proposals that might impact water, to ensure that they meet scientific and legal standards.
• Assessing environmental data to identify the sources of pollution and potential hazards. 
• Preparing expert scientific opinions and testimony about water quality. 
• Providing partners with information about cleaner technologies and sustainable solutions. 
• Strengthening policies and regulations that protect water.
• Sharing lessons from other communities that have worked to protect water. 
• Providing strategic support as our partners advocate for clean water.  

Cleaning up Maribojoc Bay

Cities throughout the developing world struggle to protect water resources. In Tagbilaran City, Philippines (population 100,000), the mayor authorized construction of the San Jose outfall, for storm drainage. Illegal connections to this canal dumped raw sewage and untreated industrial wastewater into Maribojoc Bay, a popular fishing and bathing spot.

ELAW connects communities. We replicate best practices to protect the environment.

In December 2008, ELAW partner Raul Barbarona, Executive Director of the Environmental Legal Assistance Center, sent ELAW staff scientists the lab results of water samples taken where the outfall meets the bay.

The E. coli bacteria in the samples were too numerous to count!

ELAW Staff Scientist Mark Chernaik compared the levels of E. coli, dissolved oxygen, and ammonia to World Health Organization and U.S. Environmental Protection Agency standards, and sent Raul a report concluding: "Continued discharge would pose a serious risk to public health and marine life."

Raul presented ELAW's analysis at a meeting of the Maribojoc Bay Resource Management Council, with several area mayors in attendance. The Council issued a resolution calling for the immediate construction of a wastewater treatment facility. The National Economic Development Authority is reviewing the project. Meanwhile, the Department of Environment and Natural Resources has supervised the closing of illegal connections to the drain and the Bohol Provincial Government is studying additional steps to improve the situation until the wastewater treatment facility is built.

Helping Communities Participate
Poverty is more than a meager income. Poverty is a lack of basic rights. Citizens living in poverty often lack access to information, access to justice, and the right to participate in public decisions.

When citizens are included in government and participate in decisions, they can help keep corruption in check, promote good governance, and help to eradicate poverty.

ELAW works with partners around the world to empower citizens to participate in decisions that can have a profound impact on the quality of life in local communities, including decisions to transform pristine coastlines into luxury resorts, decisions to prospect for oil in national parks, and decisions about where to construct industrial facilities.

In a recent interview, India's M.C. Mehta said: "We should have a need-based policy not a greed-based policy." M.C. has worked for decades to promote responsible development that does not sacrifice the environment (see page 3). ELAW partner Diana McCaulay at the Jamaica Environment Trust faces similar challenges. "Large scale, high impact, all inclusive hotel development has taken off quickly. We advocate for a more Caribbean-style, low impact, inclusive and sustainable tourism."

ELAW's Community Legal Education Program works with grassroots attorneys around the world to educate communities, inform decision makers, and engage citizens to build a healthier future. In 2008, ELAW co-hosted community workshops in Guatemala, Belize and Honduras, to empower communities to better protect the Mesoamerican Reef. ELAW also worked with partners in the Philippines to educate communities about sustainable management of marine resources.

Main Street Green Power

"We have been helping environmental advocates around the world promote renewable energy payment policies, and we are excited to bring these lessons home to Oregon." Jennifer Gleason, ELAW Staff Attorney
	PHOTO: www.tamarackwellness.com

Imagine this: Just a few years from now, you are driving through your neighborhood and you begin to notice that there are solar panels on every other house.  You've been thinking about installing solar panels, but always thought it was cost prohibitive.  So you're wondering - how did that happen?  How were these folks able to afford it?  How did we get to a system of "Main Street Green Power?"

The technology has been available for many years.  The challenge has always been financing for the necessary infrastructure.  But brilliant advocates in Germany and around the world have figured out a system that works. 

Under a policy called renewable energy payments (REPs), the utility commits to pay for renewable energy at a reasonable price over a long period of time.  Germany used this policy to meet its target of obtaining 12.5% of its energy from renewable sources, like solar and wind power, three years ahead of schedule.  Germany is now is up to 14%, while the U.S.  gets less than one half of 1% of its energy from solar power and less than 7% of its power from all renewable sources, including hydropower.  These policies have helped Germany reduce CO2 emissions 18.5% below 1990 levels.  The country is on target to achieve a 40% reduction by 2020.

ELAW is at the forefront of efforts to bring these proven, effective policies to the United States.  Staff Attorney Jennifer Gleason and ELAW volunteer lawyer Jolene Goodnight are working on draft REP legislation that could be adopted in Oregon.  Hawaii, Minnesota, Rhode Island, and Michigan are considering similar policies. 

ELAW is seeking additional funding so that Jennifer can train advocates around the country, and around the world, to draft and promote strong renewable energy payment policies.

SPOTLIGHT ON ELAW SUPPORTERS

Tactics Board Shop is truly committed to being a green business - and is a generous supporter of ELAW through the 1% For The Planet program. 

Not only does Tactics donate 1% of net sales (yes, sales, not profits!) to nonprofit organizations working to protect the environment, they also think green in every decision they make - how to pack things for shipping, what light bulbs to use in the retail store, and how to support employees who commute to work by bike.

In 2007, Tactics donated thousands of dollars to 16 environmental non-profits through the 1% For The Planet program.  Bob Chandler of Tactics said that donations for 2008 were more than last year - an amazing accomplishment given the sluggish economy. 

Bob said, "The economy is in a tailspin and we are not immune to what is happening.  However, until we cannot make it pencil, we stand firm behind our 1% For The Planet commitment and our environmental grants program.  We hope any other company that is similarly philosophically aligned will do the same."

Tactics' support for ELAW is based on two things: "First, we believe ELAW's approach to empowering public interest advocates around the world has far reaching impact and is a critical component of a global environmental conservation strategy,"says Bob.  "Second, this is a case where we are also investing in people we know and trust.  We have personal connections to founders John Bonine and Mike Axline as well as current staff Bern Johnson and Jen Gleason."

Everyone at ELAW is grateful for Bob's support and Tactics' donations through 1% For The Planet.  To learn more about Tactics and the coolest boarding gear, visit http://grind.tactics.com/.  More information about 1% For The Planet can be found at http://www.onepercentfortheplanet.org.

2009 ELAW Annual Meeting

Participants at the 2005 ELAW Annual Meeting, Oregon Coast

Dozens of ELAW partners from around the world will travel to Eugene in February for the 2009 ELAW Annual Meeting.  This inspired gathering of the world's leading grassroots advocates provides a unique opportunity for seasoned and emerging environmental lawyers to tap the experience of their colleagues.
This year's meeting will feature work on clean energy, international financial institutions, protecting water resources, reducing the impact of industry, and helping disadvantaged communities gain access to justice.

"I am coming to Eugene to stregthen my relationship with ELAW and meet all the lawyers and scientists from around the world who have helped our work."