Project
Victory: Court ends the “lawful” killing of endangered green sea turtles
In February of 1999, the Constitutional Court in Costa Rica declared an end to the "lawful" killing of endangered green sea turtles. The ruling is an important victory for the green sea turtle and potentially other species left vulnerable by their host countries.
Costa Rica has the privilege and responsibility of being a haven for one of the largest remaining populations of this endangered species of marine turtle in the Atlantic Ocean. Every two or three years, female green sea turtles, many of which are decades old, slowly plod from their ocean homes to nest on a 35 kilometer long beach between the Tortuguero and Parismina River.
Costa Rica, rather than fully protecting these ancient guests, previously had a law allowing for the capture and slaughter of almost two thousand green sea turtles annually. Unfortunately, poachers exploited the law to kill many more than the legal limit, with the survival of the sea turtles jeopardized.
In response to inaction by the Costa Rican government, and to safeguard the survival of the green sea turtle, AIDA worked through its partner organization CEDARENA to file suit and challenge the law.
In the law suit, AIDA and CEDARENA argued that the law violated the Costa Rican constitutional guarantee of an environment that is healthy and “in ecological equilibrium.” We presented hard evidence of the hidden impact of the law on the sea turtles. The Court ruled in our favor, and annulled the law.
The ruling itself does not end the threat to green sea turtles. It may however, provide some breathing room for conservationists to concentrate on stopping illegal poaching. Hopefully, they will succeed.
Related projects
Let's talk about project closure and responsible exit
No mining, fossil fuel extraction or power generation project lasts forever. Their useful life is determined by internal factors, such as the quantity of resource reserves, and external factors, such as declining demand or financial problems.But no matter how long a project lasts or how it is affected, its promoters—whether public or private—must provide for a closure and responsible exit process that considers the natural environment and affected communities, and that is desired and promoted by all stakeholders.This issue is even more relevant in the context of actions needed to address the climate crisis, largely related to the energy transition, which generally implies the substitution of fossil fuel extraction and use projects, as well as the promotion of low-emission renewable energies associated with mineral extraction. In both scenarios, closure and exit issues are of great importance.In the first, it is necessary to incorporate concrete and enforceable commitments to close down and move on from existing projects. In the second, these requirements should be built in from the planning and pre-feasibility stages and should also be included in the environmental impact assessments and subsequent stages.In all projects, the role of the promoters is essential. Likewise, the obligation of the state to supervise and monitor is of great importance in order to protect and guarantee the rights of those who may be affected. In some cases, the responsible exit also includes other key actors that are part of the value and supply chains of the projects: investors, financiers, insurers, suppliers, distributors and buyers, among others.Therefore, the discussion of project closure and responsible exit is essential to environmental protection and climate management in Latin America.What do we mean by project closure and exit?All mining and energy projects have different phases in their life cycle: initiation, planning, execution, monitoring and control, closure, and post-closure. In turn, they have supply and value chains that, as we have said, involve actors from different sectors.In this context, closure refers to the stage of a project in which it ceases to operate and is terminated. Exit, on the other hand, refers to the decision and subsequent process in which the different actors in the project's value and supply chain, in their own roles, completely disengage from the project. What does it mean for a closing and exit process to be responsible?There is currently no consensus on the definition and scope of responsible exit and fair project closure processes. Sometimes these terms are used indiscriminately, which can lead to confusion about the responsibilities of the actors involved and the scope of the processes to be carried out. However, there are elements that allow these concepts to be explained precisely:Responsible and fair project closure is a planned, upfront process that should be considered from the earliest stages of a project and continually updated as the project evolves. Responsible closure ensures a planned, coordinated and participatory cessation of activities and dismantling, and guarantees the right to a healthy environment.The planning and development of a closure plan should focus on risk management as well as impact prevention and mitigation. This will ensure a responsible closure in which the affected areas can be readapted and made safe for both nature and communities, while allowing the ecosystems to recover their functions.The general obligation of the project developer is to properly identify the impacts that the project may cause and to adequately and timely comply with the measures approved by the State in its environmental management instruments.The main obligation of the State (in addition to its general regulatory duty) is to supervise and monitor the project to verify compliance with the developer's obligations and to prevent environmental and/or social damage.The role of other actors in the value and supply chain is to act with due diligence, to use their influence to encourage the promoter to comply with its obligations and, in the event of non-compliance, to act within their role and influence to ensure that the necessary corrective measures are taken.Responsible and fair exit refers to the process undertaken by the various actors in the value and supply chain when they decide to fully divest from a project, considering the responsibilities inherent in their role, which include fulfilling their obligations with respect to human rights and due diligence. In Latin America, there has been important progress in regulating aspects related to the permitting, commissioning and implementation of mining and energy projects. However, experience has shown that there are significant challenges in ensuring that the closure and exit processes are responsible for the ecosystems and communities involved.To learn more about this issue, see our report Closure and Responsible Exit. A requirement for environmental and climate justice in Latin America (in Spanish).In the following video, we explain the main findings of the report, which documents and analyzes cases in several countries across the continent:
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How much water is used to produce energy?
Water and energy go hand in hand. Processes such as gas extraction, oil refining, and hydroelectric power plant operations all require water. Thus, as energy demand increases, so does the need for water to generate it.This leads to environmental and social impacts, including the depletion of water sources and the pollution of rivers, lakes, and other bodies of water.Understanding the connection between water and energy production gives us a broader perspective on what our water consumption entails.Conserving water also means reducing our energy consumption, exploring more sustainable energy generation options, and demanding that energy be produced in a clean and fair manner. The water footprint of energyWater is essential for energy production. But not all sources consume the same amount of water, so their environmental impact varies. To generate 1 megawatt—enough to power 1,000 homes for one hour—here is how many liters of water are consumed by different sources of electricity: But water use goes beyond that. In addition to electricity generation, the energy sector uses freshwater—with various socio-environmental impacts—in its various production processes: Conventional thermoelectric power plantsIn these plants, water is heated to high temperatures—by burning coal, gas, or oil—to produce steam, which drives turbines to generate electricity.Water is also used in thermal power plants to cool the power-generating units. Hydroelectric power plantsThey use the force of water to drive turbines that generate electricity. By damming or diverting the natural flow of rivers, streams, and lakes, they fragment habitats, leading to the displacement and decline of species. They also impact water quality.Furthermore, they cause the forced displacement of communities living near water sources and who depend on them. Fuel extraction and productionWater is used in coal mining and in drilling wells for oil and gas. In many cases, these processes generate wastewater.Water is also needed to refine oil and gas before they can be used as fuels. Coal miningIn addition to using water to extract the mineral, it can be used—along with chemicals—to remove sulfur and impurities before combustion. Coal mining using explosives generates debris that can contaminate local water sources and even block them. Coal can be transported to the power plant using a method that pumps the finely ground coal mixed with water through pipes. Hydraulic fracturing (fracking)In this technique, a mixture consisting of more than 90% water, along with chemicals and sand, is injected at high pressure into underground rock formations to fracture them and access the oil or gas they contain.The wastewater from this mixture remains underground and can contaminate the groundwater that feeds nearby aquifers. Renewable energySolar photovoltaic and wind power do not use water to operate, but they require supplies and materials whose production requires water.A notable example is lithium, which is used to manufacture the batteries that store the energy generated by these sources. Its extraction involves massive water consumption from salt flats, one of its primary sources:2,000 liters of water for every ton of lithium produced in evaporation ponds.Water is used to extract lithium carbonate and separate it from the remaining compound.Water is lost during brine pumping. Understanding how much water is needed to generate the energy we use gives us a broader perspective on the water our energy consumption entails.Reducing our energy needs and promoting sustainable and equitable energy production are also ways to conserve water. If you'd like to learn more about this topic, here is a list of the sources we consulted: - "How It Works: Water for Electricity", Union of Concerned Scientists.- "El uso del agua: una planta de energía termoeléctrica", USGS.- "¿Por qué la termoeléctrica no es energía limpia?", J. Soto, Greenpeace.- "How much water does the typical hydraulically fractured well require?", U.S. Geological Survey.- "Hydraulic Fracturing and its Impact on Water Resources", Water Footprint Calculator.- "The intensification of the water footprint of hydraulic fracturing", Science Advances.- "Efectos del represamiento de ríos en países de América Latina y el Caribe sobre la biodiversidad, el agua, la alimentación y la energía", A. Stehr, CEPAL.- "Las represas y su impacto en la naturaleza", WWF.- "¿Qué es el litio, para qué sirve y de dónde se extrae en la Argentina?", Florencia Ballarino, Chequeado.- "El impacto de la minería de litio en los Humedales Altoandinos", Wetlands International.- "'Triángulo de litio: la amenaza a los salares de Bolivia, Chile y Argentina", Rodolfo Chisleanchi, Mongabay Latam. Data on water consumption in electricity generation obtained from: - "A simple model to help understand water use at power plants", A. Delgado y H. J. Herzog, MIT.- "How it Works: Water for Natural Gas", Union of Concerned Scientists.- "Hidropower Explained", U.S. Energy Information Administration.- "How it Works: Water for Nuclear", Union of Concerned Scientists.- "Geothermal Energu Factsheet", University of Michigan.- "Life cycle water use for electricity generation: a review and harmonization of literature estimates", J. Meldrum y otros, Environmental Research Letters.
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Closure and Responsible Exit
A requirement for environmental and climate justice in Latin America No natural resource (material or energy) extraction project lasts forever. Its useful life is subject to many variables, including endogenous factors -such as the amount of resource reserves or the extraction rate- and exogenous factors -such as decisions to address the climate crisis, the decrease in demand, financial problems, etc.- that condition the moment in which the project must close or the moment in which an actor in its value and supply chain must leave. Regardless of the length of the project's useful life or how it may be affected, a responsible closure process with the natural environment and society must be contemplated, which must be desired and promoted by all the stakeholders involved.This issue is even more relevant in the context of the climate crisis we are experiencing, which makes it urgent to implement measures to manage it in the short, medium and long term. Many of the actions required to meet greenhouse gas (GHG) mitigation targets are related to energy transition, which implies, in general terms, at least two things: 1) the substitution of fossil fuel extraction and use projects and 2) the promotion of low-emission renewable energies, which are associated with mineral extraction. In both scenarios, closure and exit issues are of great importance.In both extraction and generation projects, the role of their promoters, whether public or private, is essential. Likewise, the obligation of supervision and oversight of the States is very important for the protection and guarantee of the rights of those who may be affected. On occasions, the responsibility of the exit includes other key actors that are part of the value and supply chains of the projects: investors, insurers, distributors and buyers, among others.In Latin America, there have been important advances in regulating aspects related to the authorization, start-up and implementation of mining and energy projects. In these phases, environmental principles such as prevention and precaution, as well as rights such as prior consultation and free, prior and informed consent, and access rights, have played a crucial role in determining the viability and progress of projects, as well as in protecting and guaranteeing the rights of communities in the region. However, experience has shown that there are significant challenges for the closure and exit processes to be responsible with the ecosystems and communities involved. Indeed, the lack of a closure process, as well as the lack of clarity about the obligations surrounding the social transition processes and overcoming the conditions of economic dependence, are complex obstacles that can exacerbate environmental and social impacts. This report arises from the idea of proposing approaches based on law and science to address the closure and responsible exit of projects. To this end, we at the Interamerican Association for Environmental Defense (AIDA), in the period 2022-2024, interviewed various stakeholders and systematized 12 cases that exemplify the problematic situation of multiple fossil fuel extraction, mineral and power generation projects, which are in the closure phase or in exit processes in different countries of the region. These cases highlight the current challenges and legal, technical and administrative gaps regarding closure and exit in specific contexts.With this publication, we seek to provide answers to the following questions: what is meant by project closure and exit, what is the basis for closure and exit obligations under international law, what should closure and exit look like, who should be involved in these processes, and how should the social, environmental, economic and human rights challenges and impacts that arise from them be addressed? Read and download the report
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