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Winners of the Goldman Environmental Prize Use Courts to Contest Oil Projects

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Monday, April 29, 2024

You have been granted access, use your keyboard to continue reading.Environmental Prize Highlights Work to Keep Fossil Fuels at BayAround the world, grass-roots organizers and Indigenous communities are taking proposed coal, oil and gas projects to court — and winning.Wild Coast residents demonstrated against Royal Dutch Shell’s plans to start seismic surveys for petroleum exploration at Mzamba Beach, Sigidi, South Africa, in 2021.Credit...Rogan Ward/ReutersApril 29, 2024, 1:09 p.m. ETNew coal mines continue to open each year, and oil and gas companies are still exploring new parts of the world. But increasingly, people — especially Indigenous communities — are saying no to new fossil fuel developments on their land and using courts and legislatures to deliver the message.In India, protests by Adivasi communities persuaded officials to cancel the auction of land for coal mines in the biodiverse forests of Chhattisgarh State. In South Africa, the Mpondo people stopped the Shell Global company from carrying out seismic surveys for oil and gas off the Wild Coast. In Australia, First Nations people blocked development of a coal mine in Queensland.These legal victories occurred within the past three years. On Monday, leaders of these and other grass-roots environmental movements, spanning six countries, won the Goldman Environmental Prize.“One of the things we’ve seen in recent years is that environmental law, protection of natural resources, has become intertwined with human rights law and the law of Indigenous people,” said Michael Sutton, an environmental lawyer and the executive director of the Goldman Environmental Foundation.Forcing these types of cases is the fact that as climate concerns have risen so has exploration for fossil fuels in many places, said Carla García Zendejas, a lawyer and director of the People, Land & Resources program at the Center for International Environmental Law.“With all the decisions that are being made for climate change, trying to address the climate crisis,” Ms. García Zendejas said, “it seems that the oil companies are just trying to get every drop of oil out of the ground as soon as possible, before permits and concessions are halted or revoked or stopped.”In most countries, a proposed project to extract natural resources must undergo an environmental review process, she said. And people living in the areas have a legal right to access information about the proposed project.In 2021, locals in Mpondoland on the Wild Coast of South Africa learned from visiting tourists and guides that a project was underway to conduct seismic surveys for oil and gas off their shore.“It was a shock for us to hear that the Department of Minerals and Energy has already given permission for Shell to explore oil and gas,” Nonhle Mbuthuma, a local resident and community organizer, said. “But the people on the ground were not aware.”She had co-founded a group called the Amadiba Crisis Committee — originally to fight a proposed titanium mine — which she quickly mobilized to oppose the seismic surveys.Ms. Mbuthuma is one of the winners of this year’s Goldman Environmental Prize, along with Sinegugu Zukulu, a program manager for a local NGO called Sustaining the Wild Coast.The region’s coastal waters provide habitat for dolphins, whales and many migratory fish species. Communities in the area depend on fishing and eco-tourism for their livelihoods.“When you talk about the ocean to the people of Wild Coast, the ocean is home to us,” Ms. Mbuthuma said. “The ocean is the economy.”Seismic testing can harm wildlife — damaging marine animals’ hearing, disrupting their natural behaviors and causing them to leave affected areas. Studies of smaller invertebrate species like lobsters, scallops and zooplankton have found that some species become injured or sick enough to die after exposure to seismic air guns.Both coastal and inland communities in the region mobilized to oppose the project, “speaking in one voice to say no to oil and gas,” Ms. Mbuthuma said.Ms. Mbuthuma and Mr. Zukulu, along with other community members, filed a legal challenge to the project’s environmental approval, arguing that local people hadn’t been properly consulted. In 2022, South Africa’s High Court ruled in their favor and rescinded Shell’s permit.Shell did not respond to a request for comment, but the company has appealed the court’s decision.The Mpondo people are concerned not only about direct threats to their livelihoods and about local pollution, but also about global climate change caused by the burning of fossil fuels, Mr. Zukulu said. “It wasn’t just us in our land, in our little corner,” he said. “It is a global challenge.”Similar local fights are playing out around the world. In quickly developing countries, demand for energy is still rising as more people gain access to electricity and economies grow.In India, more than 70 percent of electricity currently comes from coal, and more than 20 percent of that coal comes from Chhattisgarh State.For years, India’s central government went back and forth on whether to open the state’s Hasdeo Aranya forest to coal mining or to declare it a “no go” zone. The forest is home to dozens of rare and endangered species, including the Asian elephant. About 15,000 Adivasi people in the region depend on the forest for their traditional ways of life.But Hasdeo Aranya also sits on top of one of the country’s largest coal reserves.“It represents a very unique microcosm of all the environmental and social justice movements that exist in India,” said Alok Shukla, another winner of this year’s Goldman prize, through a translator. Mr. Shukla helped found the local Save Hasdeo Aranya Resistance Committee, and also convenes an alliance of grass-roots movements in the state called the Save Chhattisgarh Movement.With help from Mr. Shukla and other organizers, residents of the region have protested the proposed mines for years, and successfully lobbied for a protected elephant reserve in the forest. In 2020, the government announced a new set of land auctions for potential coal mines, setting off a new wave of protests.Neither India’s Ministry of Coal nor Ministry of Environment, Forest and Climate Change responded to requests for comment.In October 2021, 500 villagers went on a 10-day march to the state capital, Raipur. The following spring, women in several villages began a weekslong tree-hugging protest, employing a tactic used to stop deforestation in northern India in the 1970s.That summer, Chhattisgarh’s state legislature adopted a resolution against mining in the region.Other winners of this year’s Goldman prize include a lawyer from Spain who won legal rights for Europe’s largest saltwater lagoon; an activist from the United States for work to limit carbon emissions from freight trucks and trains in California; and a journalist from Brazil who traced the beef supply chain back to illegal deforestation, persuading major supermarkets to boycott illegally sourced meat.In Australia, Murrawah Maroochy Johnson, a young Indigenous Wirdi woman, won the Goldman prize also for work blocking coal mining on her community’s land. Ms. Maroochy Johnson argued in court that the greenhouse gases released from this mine would violate the human rights of First Nations people across Australia.Mr. Shukla hopes that their actions inspire others around the world.“There is a way that local communities can actually resist even the most powerful corporations using just their resolve and peaceful, democratic means,” he said.Enjoy unlimited access to all of The Times.6-month Welcome Offeroriginal price:   $6.25sale price:   $1/weekLearn more

Around the world, grass-roots organizers and Indigenous communities are taking proposed coal, oil and gas projects to court — and winning.

You have been granted access, use your keyboard to continue reading.

Environmental Prize Highlights Work to Keep Fossil Fuels at Bay

Around the world, grass-roots organizers and Indigenous communities are taking proposed coal, oil and gas projects to court — and winning.

Wild Coast residents demonstrated against Royal Dutch Shell’s plans to start seismic surveys for petroleum exploration at Mzamba Beach, Sigidi, South Africa, in 2021.Credit...Rogan Ward/Reuters

New coal mines continue to open each year, and oil and gas companies are still exploring new parts of the world. But increasingly, people — especially Indigenous communities — are saying no to new fossil fuel developments on their land and using courts and legislatures to deliver the message.

In India, protests by Adivasi communities persuaded officials to cancel the auction of land for coal mines in the biodiverse forests of Chhattisgarh State. In South Africa, the Mpondo people stopped the Shell Global company from carrying out seismic surveys for oil and gas off the Wild Coast. In Australia, First Nations people blocked development of a coal mine in Queensland.

These legal victories occurred within the past three years. On Monday, leaders of these and other grass-roots environmental movements, spanning six countries, won the Goldman Environmental Prize.

“One of the things we’ve seen in recent years is that environmental law, protection of natural resources, has become intertwined with human rights law and the law of Indigenous people,” said Michael Sutton, an environmental lawyer and the executive director of the Goldman Environmental Foundation.

Forcing these types of cases is the fact that as climate concerns have risen so has exploration for fossil fuels in many places, said Carla García Zendejas, a lawyer and director of the People, Land & Resources program at the Center for International Environmental Law.

“With all the decisions that are being made for climate change, trying to address the climate crisis,” Ms. García Zendejas said, “it seems that the oil companies are just trying to get every drop of oil out of the ground as soon as possible, before permits and concessions are halted or revoked or stopped.”

In most countries, a proposed project to extract natural resources must undergo an environmental review process, she said. And people living in the areas have a legal right to access information about the proposed project.

In 2021, locals in Mpondoland on the Wild Coast of South Africa learned from visiting tourists and guides that a project was underway to conduct seismic surveys for oil and gas off their shore.

“It was a shock for us to hear that the Department of Minerals and Energy has already given permission for Shell to explore oil and gas,” Nonhle Mbuthuma, a local resident and community organizer, said. “But the people on the ground were not aware.”

She had co-founded a group called the Amadiba Crisis Committee — originally to fight a proposed titanium mine — which she quickly mobilized to oppose the seismic surveys.

Ms. Mbuthuma is one of the winners of this year’s Goldman Environmental Prize, along with Sinegugu Zukulu, a program manager for a local NGO called Sustaining the Wild Coast.

The region’s coastal waters provide habitat for dolphins, whales and many migratory fish species. Communities in the area depend on fishing and eco-tourism for their livelihoods.

“When you talk about the ocean to the people of Wild Coast, the ocean is home to us,” Ms. Mbuthuma said. “The ocean is the economy.”

Seismic testing can harm wildlife — damaging marine animals’ hearing, disrupting their natural behaviors and causing them to leave affected areas. Studies of smaller invertebrate species like lobsters, scallops and zooplankton have found that some species become injured or sick enough to die after exposure to seismic air guns.

Both coastal and inland communities in the region mobilized to oppose the project, “speaking in one voice to say no to oil and gas,” Ms. Mbuthuma said.

Ms. Mbuthuma and Mr. Zukulu, along with other community members, filed a legal challenge to the project’s environmental approval, arguing that local people hadn’t been properly consulted. In 2022, South Africa’s High Court ruled in their favor and rescinded Shell’s permit.

Shell did not respond to a request for comment, but the company has appealed the court’s decision.

The Mpondo people are concerned not only about direct threats to their livelihoods and about local pollution, but also about global climate change caused by the burning of fossil fuels, Mr. Zukulu said. “It wasn’t just us in our land, in our little corner,” he said. “It is a global challenge.”

Similar local fights are playing out around the world. In quickly developing countries, demand for energy is still rising as more people gain access to electricity and economies grow.

In India, more than 70 percent of electricity currently comes from coal, and more than 20 percent of that coal comes from Chhattisgarh State.

For years, India’s central government went back and forth on whether to open the state’s Hasdeo Aranya forest to coal mining or to declare it a “no go” zone. The forest is home to dozens of rare and endangered species, including the Asian elephant. About 15,000 Adivasi people in the region depend on the forest for their traditional ways of life.

But Hasdeo Aranya also sits on top of one of the country’s largest coal reserves.

“It represents a very unique microcosm of all the environmental and social justice movements that exist in India,” said Alok Shukla, another winner of this year’s Goldman prize, through a translator. Mr. Shukla helped found the local Save Hasdeo Aranya Resistance Committee, and also convenes an alliance of grass-roots movements in the state called the Save Chhattisgarh Movement.

With help from Mr. Shukla and other organizers, residents of the region have protested the proposed mines for years, and successfully lobbied for a protected elephant reserve in the forest. In 2020, the government announced a new set of land auctions for potential coal mines, setting off a new wave of protests.

Neither India’s Ministry of Coal nor Ministry of Environment, Forest and Climate Change responded to requests for comment.

In October 2021, 500 villagers went on a 10-day march to the state capital, Raipur. The following spring, women in several villages began a weekslong tree-hugging protest, employing a tactic used to stop deforestation in northern India in the 1970s.

That summer, Chhattisgarh’s state legislature adopted a resolution against mining in the region.

Other winners of this year’s Goldman prize include a lawyer from Spain who won legal rights for Europe’s largest saltwater lagoon; an activist from the United States for work to limit carbon emissions from freight trucks and trains in California; and a journalist from Brazil who traced the beef supply chain back to illegal deforestation, persuading major supermarkets to boycott illegally sourced meat.

In Australia, Murrawah Maroochy Johnson, a young Indigenous Wirdi woman, won the Goldman prize also for work blocking coal mining on her community’s land. Ms. Maroochy Johnson argued in court that the greenhouse gases released from this mine would violate the human rights of First Nations people across Australia.

Mr. Shukla hopes that their actions inspire others around the world.

“There is a way that local communities can actually resist even the most powerful corporations using just their resolve and peaceful, democratic means,” he said.

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Federal agencies urged to integrate Indigenous tribes in Everglades restoration

Efforts to restore the Everglades can be enhanced by incorporating Indigenous tribes’ ecological knowledge, a new report says.Amy Green reports for Inside Climate News.In short:The National Academies recommend deeper collaboration with Florida's Miccosukee and Seminole tribes in the $21 billion Everglades restoration project, emphasizing their role as environmental stewards.The report calls for consideration and application of Indigenous knowledge "even when it does not conform to western scientific norms."Indigenous knowledge offers insights into historical ecosystem conditions, providing a critical perspective for restoration planning.The report also calls for integrating climate change projections and improving water quality regulations alongside restoration funding.Key quote:“I think it can help us from veering into over-engineered solutions that we’ve found ourselves in in the Everglades over the decades. It’s about living in harmony with the Everglades, not trying to over-engineer the Everglades.”— Eve Samples, executive director of the nonprofit advocacy group Friends of the Everglades.Why this matters:The Everglades provide freshwater to 12 million Floridians and sustain unique ecosystems. Incorporating tribal knowledge and addressing climate change impacts can improve restoration outcomes and foster sustainable water management practices.Related:LISTEN: Simple experiences in the EvergladesTribal plan aims to phase out Everglades oil drillingFreshwater diverted from Florida's coast could help Everglades

Efforts to restore the Everglades can be enhanced by incorporating Indigenous tribes’ ecological knowledge, a new report says.Amy Green reports for Inside Climate News.In short:The National Academies recommend deeper collaboration with Florida's Miccosukee and Seminole tribes in the $21 billion Everglades restoration project, emphasizing their role as environmental stewards.The report calls for consideration and application of Indigenous knowledge "even when it does not conform to western scientific norms."Indigenous knowledge offers insights into historical ecosystem conditions, providing a critical perspective for restoration planning.The report also calls for integrating climate change projections and improving water quality regulations alongside restoration funding.Key quote:“I think it can help us from veering into over-engineered solutions that we’ve found ourselves in in the Everglades over the decades. It’s about living in harmony with the Everglades, not trying to over-engineer the Everglades.”— Eve Samples, executive director of the nonprofit advocacy group Friends of the Everglades.Why this matters:The Everglades provide freshwater to 12 million Floridians and sustain unique ecosystems. Incorporating tribal knowledge and addressing climate change impacts can improve restoration outcomes and foster sustainable water management practices.Related:LISTEN: Simple experiences in the EvergladesTribal plan aims to phase out Everglades oil drillingFreshwater diverted from Florida's coast could help Everglades

Ecuador's Indigenous Defenders Face Growing Threats, Activists Say at UN Summit

By Oliver GriffinCALI, Colombia (Reuters) -Indigenous environmental defenders in Ecuador are suffering an increasing number of threats and...

CALI, Colombia (Reuters) - Indigenous environmental defenders in Ecuador are suffering an increasing number of threats and sometimes deadly attacks amid spiraling violence in the country, activists said on Friday at the U.N. COP16 nature talks in Colombia.Nearly 200 countries are gathered in the city of Cali in an attempt to agree on a deal to implement the landmark 2022 Kunming-Montreal Biodiversity Framework agreement that aims to end destruction of nature by 2030.Among the goals of that agreement was heightened protection for environmental defenders. But during the summit, slated to end late on Friday, Indigenous activists from Ecuador said danger for their communities was growing."It's become a tense and terrible problem in Ecuador," Juan Bay, president of the Waorani Indigenous community, told Reuters, adding that threats have increased since a 2023 referendum in Ecuador approved a ban on oil drilling in the Amazon.Ecuador has experienced rising violence in recent years at the hands of organized crime, with President Daniel Noboa declaring a state of internal armed conflict earlier this year and designating almost two dozen gangs as terrorist groups.Negotiations at COP16 include discussions around monitoring killings of people targeted for efforts to protect the environment, but a proposed measure for recording them does not go far enough, said Natalia Gomez, the climate change policy advisor for advocacy group, EarthRights."Unfortunately, that indicator being discussed is optional and binary, which means that governments will only say, 'Yes, we're doing it', or 'No, we're not doing it'," she said.According to the U.N. Convention on Biological Diversity website, Ecuador has not reported on its aims to protect environmental defenders."Ecuador has seen an increase" in threats, Astrid Puentes, U.N. special rapporteur on the right to a healthy environment, told Reuters.Ecuador's government must comply with standards for environmental protection and implement protection measures for those who might receive threats, Puentes said.Ecuador's secretariat of indigenous peoples and nationalities did not immediately respond to questions from Reuters.Reported killings are creating a climate of fear for Indigenous communities trying to protect their homes, said Jhajayra Machoa, from CONFENIAE, the main organization of indigenous groups in Ecuador's Amazon."It's very hard to face this situation," she said.(Reporting by Oliver Griffin; Additional reporting by Alexandra Valencia in Quito; Editing by Jake Spring and Sandra Maler)Copyright 2024 Thomson Reuters.

Indigenous People March in Brazil's Capital Against Bill Limiting Land Rights

Hundreds of Indigenous people were marching Wednesday in Brazil’s capital, urging Congress to drop a proposed constitutional amendment that has the potential to paralyze and even reverse land allocations

BRASILIA, Brazil (AP) — Bearing images of animals and covered in body paint, hundreds of Indigenous people marched Wednesday in Brazil's capital, urging Congress to drop a proposed constitutional amendment that has the potential to paralyze and even reverse land allocations.The bill aims to add to the Constitution a legal theory, championed by the agribusiness caucus, that the date the Constitution was promulgated — Oct. 5, 1988 — should be the deadline for Indigenous peoples to have already either physically occupied claimed land or be legally fighting to reoccupy territory. Lawmakers from the caucus also claim it provides legal certainty for landholders.Indigenous rights groups have argued that establishing a deadline is unfair, as it does not account for expulsions and forced displacements of Indigenous populations, particularly during Brazil’s agriculture frontier expansion in the 20th century.“We are aware of the interests of mining companies, ranchers and oil companies in our lands. How many lives will be destroyed if this bill passes?” Alessandra Korap, an Indigenous leader of the Munduruku tribe, told The Associated Press.On Sept. 21, 2023, the Supreme Court rejected the deadline concept, which formed part of a lawsuit brought by Santa Catarina state. In the vote that secured the majority, Justice Luiz Fux argued that areas connected to Indigenous ancestry and traditions are protected by the Constitution, even if not officially recognized. It was a moment of widespread celebration among Indigenous communities and their advocates.One week after the ruling, pro-agribusiness lawmakers began pushing for congressional approval of the deadline. One initiative is the proposed constitutional amendment that the Indigenous movement fears will come up for a vote in the coming days.Congress also passed a law in December that established the 1988 deadline. The Indigenous movement and political parties appealed to the Supreme Court, which hasn't yet issued a ruling on the matter. During a speech in Congress, the author of the constitutional amendment, Sen. Hiran Gonçalves, stated that his proposal aims to settle the issue definitively, thereby ending legal uncertainty.Dinamam Tuxá, head of the rights group Articulation of Indigenous Peoples of Brazil, told the Associated Press that, if approved, the bill will lead to the suspension of Indigenous land demarcations, escalate socio-environmental conflicts and increase deforestation.Maisonnave reported from BrasilandiaThe Associated Press’ climate and environmental coverage receives financial support from multiple private foundations. AP is solely responsible for all content. Find AP’s standards for working with philanthropies, a list of supporters and funded coverage areas at AP.org.Copyright 2024 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.Photos You Should See - Sept. 2024

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