Alaskan Village Denied Standing to Sue

The Alaskan village of Kivalina is a small town at the tip of a barrier reef about seventy miles north of the Arctic Circle. The Village is feeling the devastating effects of climate change which is shrinking the sea ice that once protected the Village against seasonal coastal storms. In recent years, waves that used to be blocked by the sea ice have caused devastating erosion and the land beneath the Village is literally disappearing. The Village, faced with imminent relocation or destruction sued several oil, coal, and power companies claiming that their greenhouse gas emissions at least in part led to the warming of the planet and thus their injury. The Village also used a federal public nuisance law to claim that the companies had together violated the law by “[C]ontributing to global warming and misleading the public about its consequences.” The Village sought damages to assist in their relocation efforts which are estimated to cost $400,000,000. U.S. District Judge Saundra Armstrong dismissed the case ruling that the Village did not have standing. Generally, standing is a legal concept in which a party must demonstrate to the court that it has suffered an injury from the other party and a favorable court decision will redress that injury. Armstrong’s ruling meant that the Village did not adequately demonstrate that their injury was a direct result of the energy companies’ emission of greenhouse gases. Since greenhouse gases are released by a variety of companies and individuals, the Village could not hold these particular parties accountable. The Village appealed and on September 21, 2012 the federal Ninth Circuit Court of Appeals unanimously affirmed the ruling, stating that the Village did not have standing to sue the companies. In addition, Judge Sidney Thomas stated that a fairly recent Supreme Court decision holding that “[F]ederal common law addressing domestic greenhouse gas emissions has been displaced by Congressional action” defeated the Village’s federal public nuisance claim. Judge Thomas remarked that "Our conclusion obviously does not aid Kivalina, which itself is being displaced by the rising sea . . . . But the solution to Kivalina's dire circumstance must rest in the hands of the legislative and executive branches of our government, not the federal common law." -Corey Mishler, Legal Intern

New Zealand Grants Personhood to a River

With corporations having been granted legal personhood in the United States a few years ago, you may be asking yourself whether or not non-human animals or parts of the environment could be granted such a vast array of rights and protection. Although not in the United States, a designation of a river as a legal person was recently requested and granted in New Zealand. The Whanganui River is the third largest river in the nation of New Zealand. The River is of mass significance to the local iwi, indigenousness people, who have not only relied on the River as a resource for generations but have also enjoyed the River’s natural beauty and use for recreation. The iwi have been fighting to have the River protected by the government from relentless pollution and unauthorized exploitation since 1837. Recently, New Zealand’s longest-running legal case celebrated a huge victory. In late August the iwi and New Zealand’s Parliament reached a preliminary settlement agreement which recognized the River as a legal entity enabling it to have legal standing and its own independent voice. The River will be recognized as “Te Awa Tupua,” the name given to it by the iwi and will be recognized in the same way a company is, which will give it protectable rights. The agreement also appointed two guardians – one from Parliament and one from the iwi – to represent the interests of the River. The New Zealand Minister of Treaty for Waitangi Negotiations, Christopher Finlayson, said the agreement recognizes the “inextricable relationship of iwi with the River.” He notes that the “iwi have not sought to have their relationship with the river defined in these settlement negotiations in terms of ownership of the riverbed or water, but have focused on recognizing the mana of the River from which the iwi’s mana flows, and on its future health and wellbeing.” This appears to be the first time in history a single river has ever been granted legal personhood anywhere in the world.

Environmental Justice for the Navajo?

During World War II the United States needed uranium ore to ensure the success of the Manhattan Project. To meet their demand the United States reached out to the Navajo Nation to build five uranium mines. This was a dual benefit at the time because the United States received the uranium ore they needed to win the war and the Navajo received increased employment rates as their members worked, lived and raised their families at and near the mines. Now, over five decades later the Navajo Nation is feeling the unintended consequences of the uranium mines. The Navajo are mostly located in the Four Corners Area of the Southwest, along with the abandoned uranium mines, and the people are now feeling the effects of the mines. Navajo homes in the area have reported high levels of radiation in their drinking water and the adverse health affects resulting from radiation in the water supply include lung cancer, bone cancer, and kidney disease, to name a few. The United States tried to address the contamination problem in 1978 by enacting the Uranium Mill Trailings Radiologic Control Act. However, this Act required the tribe to waive its rights to hold the United States accountable for any future damages resulting from contamination in exchange for groundwater management by the U.S. Department of Energy. Although the United States enacted and implemented this Act followed by many other studies and attempts at cleanups (the most recent being the five-year plan beginning in 2012 to clean up the 520 known mines), there is still contamination in the water, which affects the livelihood of the Navajo people, their livestock, and their health. Recent federal actions concerning environmental justice may turn the tables for the Navajo. In September of 2010 the federal Interagency Working Group on Environmental Justice met and the following year the seventeen agencies that compromise the working group signed a “Memorandum of Understanding on Environmental Justice and Executive Order 12898” which hopes to ensure all Americans the right to live in communities not burdened with pollution or toxic chemicals. This will ensure enforcement and remediation for the Navajo and hopefully help to clean up the Navajo communities polluted with radiation. The only concern with the cleanup action is who will bear the costs. After a fraudulent corporate reorganization by the Ker-McGee Corporation and Tronox Incorporated (the current owners of the mines), the EPA and the U.S. Department of Justice initiated a settlement in which the government will receive $270 million plus 88% of Tronx’s interest in another pending fraudulent conveyance lawsuit against the corporation Anadarko. Hopefully with a favorable lawsuit outcome and the $270 million upfront the EPA will have enough funds to finally cleanup the Navajo lands from contamination. -Ashley Geary, Legal Intern

Corporate Social Responsibility

As our global market continues to expand, it seems countries are stressing the need for sustainable development. Sustainable development encourages economic growth by utilizing resources to meet human needs while preserving the environment for present and future generations. Corporate Social Responsibility (CSR) is one area where countries are particularly focused when it comes to sustainable development. CSR is a practice that encourages companies to act in a responsible manner, in order to protect social, environmental, and economic interests of the public. There has been a recent progression throughout the world, formally adopting CSR requirements and encouraging companies to practice environmentally responsible decision making. In the U.S. the “Leadership in Energy and Environmental Design” (LEED) certification system is utilized to encourage companies to meet specific “environmental benchmarks” in their development and manufacturing process. The U.S. Green Building Council gives a specific certification to companies depending on the level of environmental achievement. The New York Times reports that companies such as Volkswagen have strived to achieve this certification. Volkswagen’s plant in Chattanooga, Tennessee received platinum (the highest) certification in 2011. Other auto companies such as Chrysler, G.M. and Honda have also achieved certification for their plants throughout the U.S. This is just one example of programs in the U.S. encouraging corporations to implement environmental awareness into their business plans. Corporate social responsibility is not just a trend in the U.S., but has seen developments in other areas in the world as well. The LEED system is an internationally recognized certification and G.M. is also seeking to achieve LEED certification for its manufacturing plant in Brazil. The plant seeks to use environmentally innovative automobile manufacturing practices to achieve LEED certification at the end of 2012. The EU has also made progress with their “Renewed EU Strategy 2011-2014 for Corporate Responsibility,” issued by the European Commission. The EU has set objectives that include transparency and reporting requirements for corporations’ environmental activities and information. The EU has also set corporate social responsibility commitments that companies should strive to achieve. The EU, like the U.S. with its LEED program, encourages environmentally friendly behavior by creating an awards program for industries who meet certain objectives. Spain has adopted a law that requires state owned enterprises and businesses with over 1,000 employees to compile and submit an annual sustainability report. China has also shown an interest by issuing a corporate social responsibility guide for state owned enterprises so that these companies can initiate a socially responsible management system. Corporate social responsibility plans are one way in which countries implement sustainable development and these development programs continue to be hot topic issues in the global environment. The United Nations Conference on Sustainable Development will be held in Rio de Janeiro in June 2012. At this conference over 130 heads of state and government and approximately 50,000 business leaders, mayors, activists and investors will review the progress of sustainable development programs and address the issues countries have faced in implementing these programs. As the New York Times reports, “Rio offers a generational opportunity to hit the reset button: to set a new course toward a future that balances the economic, social and environmental dimensions of prosperity and human well-being.” -Whitney Wilson, Legal Intern

How Green is a Golf Course?

Each May the Jacksonville area becomes the center of the golfing world when the PGA Tour’s flagship event, The Players Championship, makes its annual stop at the TPC Sawgrass Stadium Course. Golf enthusiasts from around the region descend on Ponte Vedra Beach to get a glimpse of the game’s greats amongst a natural setting of lush pine forests, sparking lakes, and rugged swampland. Although it may appear that golf is a sport dependent on a pristine natural environment, there are many aspects of golf course construction, maintenance, and management that are not very green—regardless of the color of the fairways themselves. The construction of hundreds of new courses across America during the last real estate boom, beginning in the 1990s, required the destruction of thousands of trees located in formerly undeveloped, natural areas. The subsequent installation of non-native grasses preferred by the golfing industry requires heavy maintenance to keep healthy. This means a lot of water. As fresh water becomes scarcer it is becoming more and more difficult to supply the heavy demands of golf course irrigation systems. In addition, course superintendents use large amounts of pesticides, fertilizers, and other contaminants to keep the grasses green. This may lead to pollution of groundwater systems, as well as adverse health effects for those handling the chemicals. Chemical usage may also have negative impacts on wildlife around the course. Fortunately, growing concern for sustainability is starting to bring serious changes in the golf community. Golf course superintendents and the PGA Tour are adjusting practices to help decrease their environmental footprint. “Organic” golf courses that attempt to use no pesticides or fertilizers are emerging. Superintendents have massively changed their irrigation systems to limit freshwater usage on the course. Some courses designed recently have been constructed atop brownfield sites, such as the TPC Scottsdale, which was built over a trash dump. The PGA Tour now provides recycling programs at all its tournaments, and events such as The Players Championship support environmental causes as part of their charitable efforts. TPC Sawgrass is also a member of the Audubon Cooperative Sanctuary Program for Golf Courses. The program stresses the idea that courses should be used as a place for people and wildlife alike to enjoy the resources of our shared natural surroundings. These green initiatives are a positive step in making golf a sport that adds to, rather than retracts from, a healthy sustainable environment. -Nick Barshel, Legal Intern

Hug a Tree This Earth Day, It's Saving You Money

Urban trees account for millions of dollars in benefits by promoting energy savings, air and water filtering, moderating climate, improving air quality through carbon storage, and conserving water. According to the U.S. Forest Service, a single urban tree in Florida returns over $90,000 of direct benefits during the lifetime of that tree. The city of Jacksonville operates the largest urban park system in the U.S. with roughly 80,000 acres located throughout the City. Given Jacksonville’s extensive park system, its urban trees are doing a lot to give back to citizens. Trees can help us save energy. According to the U.S. Department of Agriculture, the net cooling effect of a healthy tree is equivalent to 10 room-size air conditioners operating 20 hours a day and can save 15%-50% in air conditioning and heater costs. Trees can increase residential property values by 20%. Local businesses benefit too. It has been found that the public preferred to patronize commercial establishments and spend up to 12% more where those structures and parking lots were beautified with trees and other landscaping. Urban trees serve as mini retention ponds by helping to control runoff as the rain falls, increasing infiltration and storage of rainwater and reducing soil erosion. Jacksonville's urban trees provide stormwater storage of 928 million cubic feet, as found in a 2002 study by American Forests. Without these trees, the cost of building stormwater retention ponds and other infrastructure to handle the City’s stormwater runoff would be in the billions of dollars. Jacksonville's urban trees are helping to fight climate change by reducing the amount of carbon dioxide in the atmosphere. The National Tree Benefit Calculator (www.treebenefits.com/calculator) indicates that a 12-inch diameter live oak can generate $107 worth of benefits annually. In Jacksonville, trees sequester 69,000 total pounds of carbon a year. This carbon storage may not solve climate change in its entirety, but it shows that trees can be a part of the solution. In 2007, a study commissioned by the city of Jacksonville determined that for every dollar invested in tree planting by the City, there was a $4.51 return in benefits from storm water retention, energy conservation, cleaner air and increased property values. And these valuations don't even consider the aesthetic value of having streets and parks lined with live oaks, dogwoods, and crape myrtles. But, Jacksonville’s urban trees are more than just ornaments. The services they provide are invaluable. -Elizabeth Barron, Legal Intern

The Cinco De Mayo River City Challenge

On Saturday, May 5th 2012, Jacksonville will be holding its first paddle race to benefit the North Florida Land Trust. The event will take place in downtown Jacksonville on the St. Johns River. There will be a three-mile race as well as an eight-mile race, along with a festival and some great music! There are three divisions based on age and six race categories. The cost to paddle in the race is $40 per person which gets you entry into the race along with a T-Shirt and a goodie bag. There will also be a cash prize of $500 awarded to the fastest overall boat, and a cash prize of $200 to the fastest boat in the remaining two age divisions. Not only will there be a race, but there will also be something for everyone, from kids to seniors to bystanders! Friday, May 4th will kick off the celebrations with a captain’s party at River City Brewing Company. The day of the race will be filled with paddle races, festival vendors, fly-fishing clinics, a MOSH kids animal clinic, a stand up paddle board clinic, and a Guana Preserve presentation. After the last racers pass the finish line River City Brewery will feature the sounds of Mobros and the local band Saltwater Grass. There will also be an awards ceremony at the end of the day and a sea kayaking clinic. Parking will also be available at River City Brewing Company so you don’t have to hassle with trying to find a parking spot downtown! Want to get involved but aren’t too keen on joining the racers? Volunteers are always needed! To learn more about the event and to sign up to volunteer or paddle visit http://www.rivercitychallenge.org/ -Ashley Geary, Legal Intern