Climate change litigation has become relatively common in many regions of the world. As the need to enforce climate goals from governments and businesses rises, many people consider this approach as an instrument to achieve climate action. More recently, just transition litigation has emerged as a specific form of climate change litigation, related to society’s energy transition away from fossil fuels and to the fair distribution of the benefits and burdens resulting from it.

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Climate change is already here. That is a tangible fact not only exemplified by the effects that are already taking place in many regions, such as longer heatwaves, ice loss, wildfires, droughts, changes in precipitation patterns and extreme weather events, but also by the myriad of scientific evidence available. Since the 1990s, several commitments have been made regarding the climate crisis, with governments pledging to implement measures to combat climate change and to adopt more ambitious decarbonisation plans. International instruments like the Paris Agreement in 2015, for instance, accomplished widespread consensus, agreeing that humanity needs to urgently address the matter to prevent the global average temperature from rising past 2C and ideally staying below 1.5C compared to pre-industrial levels. 

With these climate goals and commitments in place, and with governments and firms aware of what must be done, discontent amongst people has grown as these objectives have not been carried out as promised. In the face of inaction from these key players, a tendency towards climate litigation has risen in the last few years, aimed at holding governments and the private sector accountable for not implementing the plans, policies, and legislation pledged. 

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What Is Climate Change Litigation?

According to the Sabin Center for Climate Change Law and the Grantham Research Institute on Climate Change and the Environment, climate change litigation refers to cases that raise material questions about laws, policies, or facts related to climate change mitigation, adaptation, and science initiated before judicial or quasi-judicial entities – such as arbitral tribunals, administrative bodies, and national human rights institutions. This means that people can challenge governments and entities from the private sector to move forward with the climate goals if they are not complying with them. 

Some landmark examples that made world headlines include the 2015 decision in Urgenda Foundation v. State of the Netherlands – the first known case where a government was found to be responsible for the mitigation of greenhouse gas (GHG) emissions, and 2023 Held vs. Montana, filed by 16 young people arguing that the government violated their right to a clean and healthful environment and to a stable climate system. This case has been categorised as the first constitutional climate lawsuit in the US to reach trial.

More about the topic: How the Landmark Montana Climate Trial Paved The Way For Young Climate Activists

As newer and more complex claims make their way through courts and tribunals, the more evolved and developed climate litigation becomes. This is where just transition litigation comes up as a novel field within the spectrum of climate litigation, encompassing cases that contest climate policies and plans, but focusing primarily on the way the energy transition towards a society away from fossil fuels should be achieved.

The Concept of ‘Just Transition’

The idea of a ‘just transition’ began to take relevance in the 1980s and 1990s in North America, as more rigorous environmental policies against water and air pollution upsurged. Within this context, workers’ unions started to shape the concept, initially understanding it as a programme to support workers who lost their jobs due to these environmental protectionist policies. The notion later evolved, and it was integrated as a deliberate effort to constitute and invest in a transition towards socially and environmentally sustainable jobs, sectors, and economies. Today, the thought of a just transition is associated with international climate action processes, particularly with the energy transition needed to attain a decarbonised society.

On the basis of this perspective, just transition litigation is defined as a kind of litigation that questions the distribution of the benefits and burdens of transition policies and activities that seek net-zero and climate-resilient societies among local communities and affected stakeholders. It comprises cases related to labour rights for workers in the fossil fuel industry, to the protection of communities affected by decarbonisation policies and projects, and to the opposition to new subsidies for fossil fuels extraction projects, among others matters. 

As an interesting particularity, these cases are often perceived as “anti-climate” – cases that contest the energy transition away from fossil fuels. However, it is not the aim of just transition litigation to stop or hinder the energy transition, but to make it a just one. It seeks to pursue equality in the development of this new decarbonised society, looking for an equitable distribution of the positive and negative externalities of the energy transition that can radically separate it from the historical inequality that has characterised the development of the energy sector. Just transition litigation focuses on ensuring that this social and environmental change succeeds in bringing a fair and equal development for all members of society, considering the fulfilment of human rights and environmental rights.

How Can Just Transition Litigation Help Achieve a More Just Society?

The world reached a consensus in the Paris Agreement, concurring on the need for an energy transition away from fossil fuels and the transformation towards decarbonised economies; it is reasonable to conclude that many people’s livelihoods will be affected by such a crucial change. These circumstances compel society to carefully consider the way this transformation will be carried out, so that it causes the least impact on the environment and on people’s lives. 

The Paris Agreement itself acknowledges this in its preamble, by stressing that it is imperative to retrain the workforce and create decent and quality work in accordance with the development goals set by the member countries. Moreover, entities such as the Centre for Just Transition of the International Trade Union Confederation assert that a just transition ensures environmental sustainability, decent work, social inclusion and poverty eradication. 

Within this context, it is feasible to grasp the relevance of implementing policies and plans for decarbonisation through a just transition, and it becomes clearer why disagreements and litigation could arise by not incorporating its principles in this socioeconomic transformation. Thus, climate change litigation can contribute to accomplish the goals set forth by the ideal of a just transition, it can help shape the way governments and companies make their decisions, and it can put pressure on them to quicken the processes needed for the transition.

Just Transition Litigation Cases 

1. Chile, 2021

In 2021, Chilean union workers filed a process to defend their labour rights, considering themselves affected by the Chilean government’s decarbonisation policies, that involved the closure of two coal-fired power plants. In 2021, three union workers affected by the closure initiated an action against the Ministry of Energy, questioning the agreement signed in 2019 between the Government of Chile and companies in the energy sector to organise the closure of the power plants and start the energy transition process. This agreement also launched the process to elaborate a Just Energy Transition Strategy.

The workers argued that they had not been involved in this agreement, so no action had been taken to protect their rights given the closure, and that this was against their constitutional rights to equality before the law, freedom of labour, freedom of association, and property rights. 

Chile’s Supreme Court ruled in favour of the plaintiffs and ordered government authorities to implement a plan to reintegrate affected workers into the labour market and ensure a just energy transition. The court agreed that these were important policies to achieve the Chilean Decarbonisation Plan, but recognised how essential a just transition strategy is for the workers affected and for the communities that lost services linked to the closing of the plants.

This case is especially relevant because the court specifically acknowledged just transition as a parameter for the legality of climate action and classified the lack of consultation as a violation of the Chilean government’s obligation to ensure a just transition. It is important to highlight that the plaintiffs did not challenge the project itself but the lack of compliance in the procedural requirement of participation and the scarcity of options to withstand the indirect effects of the coal plants’ decommissioning. 

2. Colombia, 2019

The matter of the Wayúu Indigenous community vs. the Colombian Ministry of Environment is particularly noteworthy, as it contains key elements of what should be understood as a just transition and glimpses into the future on how these cases will develop. In 2019, the community filed a claim aimed at the annulment of the environmental licence of the Cerrejón Mining Project in La Guajira, a project that has been active since 1983. Among other aspects, claimants argued that the environmental licensing process was contrary to several rights and environmental provisions, including the right to a healthy environment, the right to health and that it was carried out without free, prior, and informed consent (FPIC).

Plaintiffs raised the issue of environmental and climate justice, stating that Colombia’s obligations and pledges on climate change should be taken into consideration before permitting projects of this sort. They also emphasised the lack of coherence from the Colombian government by addressing climate change, while allowing economic growth based on extractivism. Moreover, the Wayúu community argued that an energy transition should be done pursuing climate justice, environmental protection, and meaningful participation to achieve it. The matter is still waiting for resolution.  

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3. Mexico, 2018

In 2018, the Zapoteca indigenous community of Unión Hidalgo in Mexico filed a complaint against Electricité de France (EDF) for the planning of the Gunaá Sicarú wind park on their lands, arguing that the community was not informed nor consulted about the project, thus violating their right to consultation and to FPIC. This circumstance created conflicts amongst the members of the community, fostered by the lack of a widespread process of information and consultation with its members. Furthermore, they reasoned that there is not an equal distribution of the benefits produced by the wind farm, as the community does not profit from the project and the firm does not share the electricity produced with the local communities; most of which suffer from energy poverty.

In June 2022, Oaxaca’s First Court of District ruled in favour of the Zapoteca community and ordered the Mexican Federal Electricity Commission to cancel the contracts for the Gunaá Sicarú wind park. According to ProDESC, the NGO helping the Zapoteca community, this decision marked “a milestone in the defense of land, territory and natural resources for agrarian and indigenous communities.”

Towards a Future Away From Fossil Fuels

As presented by the examples above, climate change litigation is evolving. More matters related to human and environmental rights, and specifically on the way these can be affected by the energy transition, will be brought to courts. It is hoped that the idea of a just transition consolidates as a fundamental element of the energy transition and that the lessons learned from these cases can be aptly applied. 

Historically, there has been a fragmentation between decision-makers and people – especially vulnerable groups – generally caused by the lack of inclusion and participation in the creation of environmental policies and in the administration of natural resources. This, in turn, has caused ill management and socio-environmental conflicts, fostering inequality, resentment towards decision makers and often, environmental damage. 

A just transition towards a society without fossil fuels can produce a fairer distribution of the burdens and benefits brought forth by the energy transition. It requires more measures that ensure equality in the implementation of the policies and projects designed for the transition to take place, and it demands increased public participation in the decision-making processes. It is in the best interest of governments, civil society, and the private sector to take these concerns into consideration so the energy transition does not leave anyone behind and can move forward effortlessly. 

Featured image: Markus Spiske/Unsplash

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Cattle ranching is often associated with deforestation, soil degradation and biodiversity loss, as extensive livestock production is responsible for the destruction of countless forests to make room for rangeland. However, in recent years more information about the ecosystem services provided by livestock has emerged, and better practices in farming have been put into place, shedding a new light on the synergies that exist between nature and these animals.

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Raising and maintaining livestock for meat production has been a fundamental element in human nutrition throughout history, becoming more and more relevant as the human population grew and the need for animal protein increased along with it. However, as demand for more meat rose, so did concerns regarding the industry’s environmental impacts and animal welfare. 

Livestock emissions account for roughly 32% of human-caused methane emissions, making it an unpleasant protagonist in the production of greenhouse gases but also an obstacle for their mitigation, as cattle farming is directly linked to deforestation. It is enough to look at the Brazilian Amazon, where cattle ranching is one of the primary drivers of deforestation in the region today, and was for decades in other parts of the world too, such as Costa Rica, where forest cover was reduced to 40.8% between 1960-1986 due to tree felling for more grazing space and agricultural production. 

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Therefore, in the context of climate change, it could be said that livestock farming is an activity with a double impact, because it produces greenhouse gases and at the same time destroys important means of mitigation such as forests. Fortunately, this is not always the case. Agriculture and livestock production do not have to be in opposition with nature, they can coexist and thrive mutually, producing ecosystem services and agricultural biodiversity as a part of natural biodiversity as we know it. 

The Food and Agriculture Organization of the United Nations (FAO) points out that there is a difficulty in recognising that ecosystems today are the result of the coevolution of natural environments with agricultural practices; and as such, the link between them can be difficult to distinguish and often both concepts are more likely to be antagonised.

Grazing Ecology

Under this construction, the notion of grazing ecology has become relevant in recent years, analysing the role of large herbivores and the impact these can have on soil and forest regulation and regeneration, hence reconsidering the possible influence of livestock on these natural elements. 

In his book Grazing Ecology and Forest History, Dr. Frans Vera explains the history and the dynamics between large herbivores and ecosystems, describing the latter as abundant in megafauna, rich in animals such as bison, deer, wild horses and boars, and aurochs; the ancestors of today’s cattle. He emphasises the essential role of these animals in shaping the environment in which they live, considering that grazing animals are a fundamental natural force of alteration and physical transformation of the soil through the different forms of grazing they perform. This includes pulling branches (browsing), removing bark, uprooting grass and flowers, tearing plants, trampling the soil, rubbing against trees, spreading seeds and transferring nutrients, etc. All of this contributes to the formation and stimulation of complex and biodiverse habitats, with trees, grasslands and different kinds of vegetation coexisting in various ecosystems. 

The use of grazing animals to regenerate degraded lands has already been implemented with interesting results. A great example of this is the Knepp Estate in West Sussex, England. Here, a traditional British farm was transformed by its owners Sir Charles Burrell and Isabella Tree into a rewilding project following Dr. Vera’s teachings. They introduced British cattle, deer, pigs and horses to graze freely, allowing the regeneration of trees, shrubbery and plant life to emulate the conditions that once characterised that ecosystem originally. Knepp Estate has seen the return of species that were once thought to be gone, it has put into place an ecotourism project (visitation and learning) and has started producing wild range meat obtained as a result of controlling the population of herbivores, since there are no predators within the project.  

The Costa Rican Way

Another interesting example involving forest regeneration and livestock farming is Costa Rica, which – as mentioned before – has lost significant amounts of forest cover due to cattle farming for meat production. 

Nevertheless, as a result of economic factors such as international meat price that deterred farmers from staying in the livestock production business, national programmes such as Payment for Environmental Services and robust environmental legislation that prohibits land-use change, Costa Rica managed to reverse deforestation, returning its forest cover to a 60%. Most of those farmers who kept on raising cattle changed their mentality to embrace the trees in their lands, as high public awareness of environmental matters became a constant in the country and the Costa Rican pro-environmental idiosyncrasy flourished. Aided by the development of modern and improved forages, which grow well under the shade of forest canopy, and thanks to educational programmes promoted by the government such as ‘NAMA Ganadería’ (Nationally Appropriate Mitigation Actions for Livestock), the farmers started learning more about the advantages of preserving the forest.

With this information widely spread amongst the Costa Rican cattle farmers and the efforts made by government authorities in promoting better practices, most people working in the sector are aware of the benefits and ecosystem services generated by forests and biodiversity for livestock production. Indeed, the abundance of vegetation and trees is positive for the cattle, as it generates windbreak and shade from the sun, and more food from leaves, shrubs and fruits; favouring greater productivity and welfare, especially in times of drought, when pastures dry out and lose nutrients. Another benefit for livestock is the regulating effect over temperature provided by forests, which, according to farmers, contributes to improving the cattle’s ability to cope with heat stress. 

Photo: Laura Elizondo.

What’s more, cattle grazing within woodlands can prevent fires from happening or spreading. When animals feed on the forest floor’s vegetation, they remove potential fuel sources, minimising the risk of wildfires in the dry season; a fairly usual occurrence in the most arid parts of the country. In addition, the use of living fences is also common and, along with forest protection and the stimuli caused by cattle on the ground, it contributes to changes in the soil, which in turn attracts biodiversity and generates habitats in what were once deforested areas. The existence of several species of mammals, birds, amphibians and reptiles, has been studied extensively, with consideration also given to anecdotical reports from the farmers themselves.

Protecting the forest in farms also helps shelter underwater aquifers and water sources for human and animal consumption, with governmental data suggesting that the main hydric charge zones in Costa Rica are within cattle farmland. Another noteworthy fact is that, while the national herd has grown, the rangeland area has not. This means that cattle farmers are producing more meat with less space, as the land is occupied by forest or other agricultural activities.

Today 93.8% of farms dedicated to meat production in Costa Rica use extensive grazing as their primary system for raising cattle, with natural and improved forages as the bovines’ main food source. Prioritising grass-fed cattle aids in the preservation of forests within rangelands, as it requires cattle ranchers to maintain an accurate management of paddocks by rotating pastures and avoiding excessive grazing. This control over the farmland facilitates giving a breathing space to sprouts to grow and the soil to recover. 

The national Ministry of Agriculture and Livestock estimates that Costa Rican cattle farms manage to preserve 18% of the country’s forests and protect at least 23 million trees scattered across pastures. Moreover, the sector is carbon-positive thanks to the implementation of the Strategy for Low Carbon Livestock 2015-2034. 

Moving Towards A More Sustainable Production

This data is extremely positive and presents a high potential to enhance the activity in regards with environmental impacts and animal welfare, contributing to mitigate the effects of greenhouse gas emissions with forest preservation and the expansion of trees on farmlands. All this while promoting animal wellbeing by having free-range cattle with access to woodlands. These changes can also improve socioeconomic conditions by increasing yield for the producer and improving the quality of meat for the consumer. 

Establishing the synergies between cattle, forests and biodiversity as well as procuring the ecosystem services resulting from these interactions should be a priority when developing public policies to regulate cattle farming. This is key towards moving to a more humane and sustainable production. 

Nonetheless, this must be done along with more research and more respect towards the limits of nature, as it is still not clear how forests can be impacted by excessive cattle grazing. This means that it is essential to ascertain the carrying capacity of the ecosystem and take into consideration the number of specimens grazing in the forest to allow its regeneration and ensure enough feed for every animal. 

Lastly, it is also of utmost importance to advocate for the eradication of factory farming and its subsidizing, as well as reducing meat consumption and finding alternative protein sources, if sustainability is the aim, especially considering that it might not be possible to meet the global demand for meat by relying solely on grass-fed, free-range cattle. The target should be to produce as much as possible using this kind of livestock management, which has proven benefits for biodiversity and ecosystem services, as well as trying to find other ways to reduce emissions in the sector and diversifying our nutritional sources for a better balance between production and nature.   

Featured image: Laura Elizondo.

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The post Can Cattle Ranching Contribute to Ecosystem Conservation? appeared first on Earth.Org.

The Scarlet Macaw used to be found in around 85% of Costa Rica’s territory. Today, only two populations are viable, and one has local scientists, a beach hotel, and people’s determination to thank for. Can this example help other species’ populations around the world to recover?  

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What Happened to the Scarlet Macaw?

It is not uncommon to see a couple of Scarlet Macaws (Ara macao) flying over the town of Jacó in the Central Pacific region of Costa Rica. Even less unusual is to see them in flocks, enjoying local Hotel Punta Leona’s surrounding forests, one of the protagonists of this story. With its red, blue and yellow plumage and its boisterous personality, the Scarlet Macaw is a majestic spectacle to behold. Tourists and locals alike cherish the sightings, which paint a vibrant and colourful picture against the blue summer sky and stand out from the deep green of the rainforest. But it wasn’t always like this in the region. There was a time when it was thought the Scarlet Macaw population in the Central Pacific was destined to become extinct. 

In the early 1990s, after a series of preliminary counts, a group of scientists concluded that the population would be heading toward extinction in a matter of decades. It was calculated that the region was losing eight to ten macaws per year. The news immediately worried biologists, including Dr. Christopher Vaughan, a scientist studying the Scarlet Macaw since 1990 as part of Costa Rica’s National University Regional Program in Wildlife Management. 

Through information gathered from the locals, Vaughan discovered more about the population’s presence in the area, learning that in some locations where it used to be more commonly spotted, the Scarlet Macaw was beginning to disappear. The change in population became even more evident after five years of monitoring the macaws’ behaviour and its changing habitat as well as counting specimens regularly demonstrating a rapid decrease in macaw chick numbers. All this confirmed its imminent endangerment. 

The decrease in numbers could be mainly blamed on the raiding of nests by local poachers – or ‘laperos’ (‘lapa’ means macaw in Spanish) – who stole them and sold them as exotic pets. It was a very lucrative practice, considering that a macaw chick can be worth between US$300-400. Deforestation was also an important factor, as the trees for nesting and feeding became scarce due to human activity. 

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Conservation Efforts

In October of 1994 and with this dire outlook in sight, Dr. Vaughan and Guillermo Hernández, a local community leader, organised a workshop on the conservation of the Scarlet Macaw in the Hotel and Club Punta Leona, where the macaws’ presence was widely reported. Developed with the support of the hotel’s owner Architect Eugenio Gordienko, this activity was the first step towards conservation and in situ management (habitat, humans and macaws), gathering 15 attendees including community leaders, local businessmen, some of the hotel’s employees, teachers, scientists, a park ranger from nearby Carara National Park, and even two local “laperos”.

The workshop contributed not only to raising awareness among the community about the disappearing animal but also resulted in proposing tangible solutions and actions to stop the macaw population’s decline. 

After two days of discussing ideas, the group concluded that the main issues were the need for more education about the Scarlet Macaw amongst local communities, to find a way to stop the poaching of nests, and to put a halt to deforestation and habitat destruction. Implementing educational campaigns at local schools and reinforcing institutional capacity to protect nests and the recuperation of the habitat were among the actions decided to protect the species.

The workshop was so successful that attendees decided to set up the Association for Parrot Protection (in Spanish ‘La Asociación para la Protección de los Psitacidos’ or ‘LAPPA’), an organisation responsible for carrying out the thought-out solutions.

Integrated by locals from different towns in the Central Pacific, the association’s main objective was to lead conservation efforts for the Scarlet Macaw and to use the species in the betterment of the quality of life for the region’s inhabitants. An increase in the local Macaw population would help ensure the sustainability of the species and bring economic growth and the promotion of the region as a tourist destination, all the while generating social and environmental prosperity for these communities. 

The organisation became a pillar for the conservation of the local macaws, getting hands-on in monitoring the population, protecting the more reachable nests against poachers, and making artificial nest boxes to help the specimens go through their reproductive cycle. Additionally, LAPPA started to disseminate information about the Scarlet Macaw, putting together workshops and discussions at community centres, and giving talks to employees of Hotel Punta Leona, university students, and journalists. Along the same line, Prof. Vaughan and his team have been actively reporting and documenting ever since the project began. Not only have they published several articles on the subject but they have also received media coverage on local papers throughout the years, a move that helped further raise awareness about the issue among the community. 

LAPPA focused on creating programmes for primary school children designed in a way that allows them to learn about the Scarlet Macaw and share their newfound knowledge with their parents and community. Children were given a colouring book to aid in this process and, at the school of Quebrada Ganado, they even made a theatre play about a family of Scarlet Macaws led by teacher Humberto Solórzano, attendee to the first workshop and brilliant educator on the subject. It is estimated that at least 3300 students in 30 different schools took part in these courses. Furthermore, a well-known “lapero”, Mr. Wilberth Vargas, converted into an exemplary defender of the species, giving talks recounting his change of heart and using his knowledge of Macaws and their nests to build and install artificial ones.

Hotel Punta Leona also contributed enormously to the conservation of the Scarlet Macaw and LAPPA’s actions of preservation, playing a key role since the beginning through a collaborative agreement with Costa Rica’s National University. Among other actions, the hotel reforested its land with the tree species favoured by Macaws for feeding and nesting and began a tree nursery for the communities to source trees to plant. Likewise, in Punta Leona’s forests, artificial nests were also put in place. In 2016, Dr. Vaughan and his team installed cameras in various nests to monitor the birds’ activities and learn more about the bird’s reproductive cycle, helping scientists better understand them and educating people about their habits. 

Since the programme was launched, the Scarlet Macaw population in the Central Pacific region has increased by almost 50%, consisting of 687 individuals in 2022 from the 300 counted in 1994. LAPPA’s efforts bore fruit and through its educational programmes, the region’s residents have grown more conscious about the importance of the Scarlet Macaw as a species to the ecosystem. Moreover, with the rise in popularity of ecotourism, local residents are even more mindful now about the significance of the Macaw population for the socioeconomic development of their communities.

Successful initiatives like this one demonstrate that the involvement of different actors in society can really make a difference. Scientists and specialists alone cannot preserve or bring back a species. It is only through assertive communication, with the provision of comprehensive information and the encouragement for people’s active participation, that outcomes such as these can be achieved. 

Today, the Scarlet Macaw flies free across the Central Pacific sky in Costa Rica; hopefully, in the future, it will be possible to see it go back to other regions of the country. But more than anything, it is hoped that more people will learn from this successful conservation story, and other species will benefit from communities’ active participation and collaboration. After all, environmental health also leads to social well-being.

Featured image: Zdeněk Macháček on Unsplash

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The post The Scarlet Macaw in Costa Rica’s Central Pacific Region: A Story of Community Participation and Conservation appeared first on Earth.Org.