Archive for December, 2008

Posted in Legal items December 19th, 2008 by Jonathan Brun
Ecuador has become the first country to grant constitutional rights to the natural environment. On Sept. 28, 2008, nearly 70% of voters voted for a new constitution that - among other things - gives rights to rivers, forests, plants and animals. The Community Environmental Legal Defense Fund, based in USA, helped draft these new protections.  Their views are worth to point out: most laws define nature as someone’s property, forcing environmentalists to prove extensive damage before regulations can be put in place.
A rights-based approach, it argues, reverses that burden, putting the health of ecosystems first. As Clay Risen from the NY Times mentions, the scope of nature’s rights is unclear and it remains uncertain how a country as poor as Ecuador can protect those rights; however, lawsuits against oil and gas companies are expected.  Furthermore, Spain announced its support for granting legal rights to gorillas, chimpanzees, and orangutans, while Switzerland appointed an ethics panel  for protecting plants’ “reproductive ability.”
equador_picture4
PictureThe Nature Conservancy in Ecuador
Posted in Legal items December 19th, 2008 by Jonathan Brun

Some interesting legal developments in France, reported in LeMonde. The country’s top appeal court, the Court of Cassation, has quashed a lower appeal court decision that had ruled in favour of Total oil group in a suit launched by the French seaside resort of Mesquer for reimbursement of the cost of removing oil from the Erika which washed up on its coastline in 1999. Now the Court of Cassation is indicating that oil spilled from the Erika in 1999 can be considered as waste. As such, Mesquer’s claim must be tested under the terms of the European Union waste directive, because it is unclear whether an energy product like oil can be considered waste. The European Court of Justice (ECJ) has been asked to give an opinion on the matter. The body recently ruled that that oil spilled accidentally could be considered as waste if it has been mixed with water and sediment.

Though the case is now headed to another court, the findings so far have put the blame on Total for not ensuring the vessel it hired was of adequate quality. Total has already spent 112 million euros, but the authorities want more. 

The mayor of Mesquer, a city heavily affected by the spill stated, “Ce qui nous intéresse, c’est la jurisprudence qui va faire que les propriétaires de cargaison feront désormais attention aux bateaux qu’ils vont louer pour la transporter”, a ajouté M. Bernard.

This is yet another indication that companies will continue to be held responsible, at least in part, for the actions of contractors and transporters.

Posted in Environment, Miscellaneous December 18th, 2008 by Jonathan Brun

Here is a top 10 list from Time magazine on the environmental stories this past year, admittedly very US oriented, but interesting nonetheless.

Posted in Environment December 18th, 2008 by yfaguy

From the Economist, a characteristically concise 4 minute overview of what’s at stake in the melting Arctic. Environment, natural resources and international law are discussed:

Posted in Environment December 17th, 2008 by Jonathan Brun

Andrew Winston recently blogged about Wal-Mart’s most recent sustainability summit in Beijing. Very interesting stuff, but one item stuck out:

Supplier commitments:  All suppliers will sign new agreements indicating compliance with environmental laws, starting with Chinese suppliers to the U.S., UK, and Canada in just 3 months. Over the next 3 years, all suppliers globally will sign.

Of course, you already have to legally follow environmental laws, but now it is not just the government who will enforce them, it is also your clients. If you want to supply to the big distributors, you will need to comply with their rules and we can help.

A combination of government enforcement, client enforcement and management system requirements (for those who have ISO 14001), makes an affordable tool like NIMONIK all the more important. Stay on top of regulations and supplier environmental requirements, quickly and cheaply.