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Victory: Haven for leatherback sea turtles declared off-limits

In two separate rulings in May 2008, the Costa Rican government stood up for endangered leatherback sea turtles against business interests intent on building within their protected habitat.

A relative of dinosaurs, the endangered leatherback sea turtle has continually found its home in Costa Rica under threat. Poor planning and lack of oversight destroyed its nesting beaches in Flamingo and Tamarindo. 

This time developers had their eye on the Leatherback National Marine Park (LNMP), home to some of the most important Leatherback nesting beaches in the Eastern Pacific Ocean. 

A municipal zoning regulation was enacted that would authorize construction in part of the LNMP. However, AIDA and its local partner CEDARENA, together with the Leatherback Trust, successfully defended the park.

The Constitutional Chamber of the Costa Rican Supreme Court nullified the municipal zoning regulation, safeguarding the Leatherback sea turtles and their nesting beaches. This ruling closely followed another court victory by AIDA, CEDARENA, and Justice for Nature that required the government to expropriate the private lands within the LNMP, otherwise destined to be tourist playgrounds.

The leatherback sea turtle will continue to face threats from tourism development, fishing, egg poaching, and pollution. However, AIDA and its partners have shown that the law can be used to make a powerful difference.


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2015. This is the year. Sink or swim. It’s all or nothing. Opening the Green Climate Fund’s Ninth Meeting of the Board last month, Executive Director Hela Cheikhrouhou spoke with an urgency characteristic of the lead-up to December’s UN Climate Conference in Paris, describing this year as one of the last opportunities humanity has to change course and steer a sustainable path. As we approach the signing of a new global agreement on climate change, the efficacy of the Green Climate Fund (GCF) holds particular importance. Counting now with $10.2 billion, it will serve as the primary vehicle to finance projects designed to help all societies – whether developed or developing – confront the causes, and the effects, of a changing climate.  At last month’s meeting, the Fund’s Board accredited its first intermediary and implementing institutions – charged with channeling money into developing nations – and then announced plans to begin allocating its resources before the year’s end. These accreditations, in turn signaling the imminent arrival of the first project proposals, represent an important milestone in the rigorous, nearly five-year process since the Fund was first established.  "This will be the ultimate test of the effectiveness of the institution," said Andrea Rodríguez Osuna, AIDA’s Senior Attorney for Climate Change, who has been monitoring the development of the Fund. "When it all comes down to it, this is the step that matters." The first seven entities accredited by the Board represent a broad geographic and thematic range, and will likely be the first to submit proposals for funding. Including organizations from Senegal to Peru, they specialize in issues such as coastal protection, biodiversity conservation, sustainable development, and improving the lives of low-income communities. While the accreditations represent an advance towards the actualization of the Fund’s mission, a number of significant organizational decisions remain under debate, or are as yet unaddressed. Among other topics on the agenda last month, the Board addressed the expected role and impact of the Fund, which will enable them to identify financing priorities, and the Initial Investment Framework, which will outline what types of projects will be financed and how they will be selected and assessed. "Alongside accreditation, these elements are essential. Without them, the Fund can’t advance toward the future, toward having more focused and productive discussions," Rodríguez explained. The criteria and methodology for the Fund’s Initial Investment Framework triggered a heated debate, which largely pitted developed against developing nations. On one side, the developed nations pushed for minimum required benchmarks that would enable simpler measurement of success; on the other side, developing nations pushed for qualitative measures with no strict requirements that would better ensure more equal access to funds. Finally, they reached a compromise, deciding to use non-mandatory indicative minimum benchmarks that would both encourage ambition and take into account the needs of those developing countries most vulnerable to the adverse effects of climate change. The Secretariat will present the proposed benchmarks for further development in about a year’s time, at the 13th meeting of the Board. Discussing the expected role and impact of the Fund, the Board came to an uncharacteristically unified decision – to keep the Initial Investment Framework under review, and to take action as needed regarding the criterion on needs of the recipient countries. Agreeing the document presented by the Secretariat lacked sufficient information, the Board requested they be presented with more technical and scientific data before beginning to outline their priorities.  Notably missing from the conversation, due to lack of time, was an item particularly important to AIDA’s work, Enhanced Direct Access, which would obligate public participation in certain projects. If approved, this direct access would ensure the moreequitable involvement of all the actors working to confront the effects of a changing climate. The next meeting of the Board of the Green Climate Fund will be July 6-9 at the Fund’s headquarters in Songdo, South Korea. AIDA will be there again to monitor these issues and report back on important developments, as the world prepares for a new global climate accord, and the Green Climate Fund moves ever closer to implementation.

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Petition open for signatures on Change.org requests that CONANP and SEMARNAT stop the pending use of explosives in Los Tuxtlas rainforest reserve, and avoid the destruction of the country’s largest coral ecosystem, the Veracruz Reef System. Mexico City, Mexico. Along the Eastern Coast of Mexico, two of the greatest natural treasures in the state of Veracruz are at grave risk from the government-sanctioned expansion of the Port of Veracruz. In response to the shortsighted permission granted by Mexico's Secretary of the Environment and Natural Resources (SEMARNAT), the Interamerican Association for Environmental Defense (AIDA), CEMDA and other civil society organizations have joined together to support a citizens' petition requesting the authorizations be revoked and the country's natural heritage be protected. The petition, launched today on Change.org,[1] urges SEMARNAT to revoke the environmental permit granted to the Port Authority to mine basaltic rock in Los Tuxtlas Biosphere Reserve. It also asks the National Commission of Natural Protected Areas to increase protection of the Veracruz Reef System by adding it to the Montreux Record, a register of sites on the List of Wetlands of International Importance. Registering the Veracruz Reef would allow Mexico access to financial resources to help preserve it. The government authorized the extraction of two million cubic meters of basaltic rock to build the port’s new breakwater.  The Los Tuxtlas Management Plan expressly prohibits the use of explosives within the Reserve, but the project requires them to release the rock. The noise and presence of workers will disrupt the habitual behavior of the reserve’s fauna, including the endangered Mexican howler monkey. Removal of rock from Los Tuxtlas will irreversibly alter the topography, vegetation and ecosystem services of the area, in addition to contravening the purposes of the Reserve. It would also increase the region’s vulnerability to climatic events such as tropical storms and hurricanes. To accommodate the port’s new footprint, the government shrunk the surface area of the protected Reef System without sufficient scientific information to understand the impact it would have.[2] The change allows the port to be built on a previously protected area of the reef. This action violates national and international standards and ignores the cumulative impacts that the project will have on the fragile ecosystem due to, among other things, increases in population and maritime traffic. The authorization granted by the Secretary of the Environment and Natural Resources would permit the construction of two breakwalls with a combined length of 7,740 meters, a main basin 800 meters in diameter, nine types of terminal docks, and 30 berths for boats. In total, the proposed enlargement of the Port of Veracruz covers an area of about 910 hectares, double the current size of the port. The removal, fragmentation and siltation of the coral reefs of the Veracruz Reef System and the disappearance of land reclaimed by the sea will irreversibly damage the health of the entirety of Mexico’s most resilient coral ecosystem. The Veracruz Reef System consists of at least 23 coral reefs of varying sizes, shapes and depth. Within its boundaries live coral ecosystems, subtidal seagrass beds, shallow marine waters, mangroves and sandy beaches. In 1992 the government declared it a Natural Protected Area, and in 2002 it was registered as a Wetland of International Importance under the Ramsar Convention, an intergovernmental treaty. The national park is the habitat of sea creatures such as dolphins and sea turtles. As a rich marine ecosystem, it supports abundant fisheries, and its incredible beauty draws sport and tourism to its shores. The coral reefs within are important climate regulators, and serve as a natural barrier against large waves and storms. In 2010, the reef protected the city of Veracruz from Hurricane Karl, a dangerous Category 4 storm.[3] For the great benefits these natural ecosystems provide, the Conserve Veracruz campaign is asking for the signatures and support of citizens around the world to urge the Mexican government to revoke the port’s environmental permit, and instead to fulfill its primary responsibility of protecting Mexico’s rich natural heritage.  [1] https://www.change.org/p/semarnat-protect-the-coral-reefs-and-jungle-of-veracruz [2] The federal government issued a new decree removing protection from the Punta Gorda and Bahia Vergara reefs. [3] National Oceanic and Atmospheric Association (NOAA), United States Department of Commerce,  available at: http://oceanservice.noaa.gov/podcast/feb10/dd022410transcript.html

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Foto: Judy Eckert, residente de Pennsylvania y vecina de un pozo de fracking, sostiene agua contaminada con arsénico extraída de su pozo privado. Crédito: Public Herald/Creative Commons.
Fracking

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It’s an increasingly recognized reality: the world cannot burn its reserves of fossil fuels and expect the planet to be habitable. But energy companies continue extracting fossil fuels in pursuit of near-term profit, rather than adapting their business models for the sake of long-term sustainability. Already, much of the world’s reserves of easily extracted, high-quality fossil fuels have been exhausted. New horizontal drilling technology, combined with hydraulic fracturing (fracking), has made exploitation of hard-to-reach ("unconventional") oil and gas deposits possible. For a variety of reasons, fracking poses very high risks to public health and the environment. AIDA has begun working with civil society organizations and institutions to generate information, stimulate debate, and join forces to prevent the negative impacts of fracking in Latin America.  The Risks of Fracking Fracking for unconventional deposits involves drilling into the ground vertically, to a depth below aquifers, and then horizontally through layers of shale rock. Then fracking fluid (a high-volume mixture of water, sand, and undisclosed chemicals) is injected at very high pressure to fracture the shale, thus releasing the oil and gas trapped inside. After fracking fluid surfaces, energy companies typically dump it into unlined ponds. The chemical soup—now also contaminated with heavy metals and even radioactive elements—seeps into aquifers and overflows into streams.    The severe and irreversible damage associated with fracking includes: Exhaustion of freshwater supplies. Contamination of ground and surface waters. Air pollution from drill and pump rigs. Harms to the health of people (low birth weight, birth defects, increases in congenital heart defects, deformities, allergies, cancer, and respiratory disease) and other living things. Unregulated emissions of methane, which traps 25 times more heat than carbon dioxide. Earthquakes. Effects on subsistence activities, such as agriculture. For and Against Fracking Given these risks, France, Bulgaria, Ireland, and New York State have turned their backs on fracking, banning it or declaring a moratorium in their territories.   In Latin America, however, many countries are opening their doors to fracking. Governments are doing so with little or no understanding of its impacts, and in the absence of an adequate process to inform, consult, or invite the participation of affected communities: Mexico promoted fracking through a landmark energy reform law in 2013. As of 2015, 20 wells have been drilled using this technique. Argentina has the largest number of fracking operations in the region, and the largest reserves of shale gas in America. As of 2014, there were more than 500 fracking wells in Neuquén, Chubut, and Rio Negro[6], including wells in the Auca Mahuida reserve and in Mapuche indigenous territories. In Chile, the state-owned oil company ENAP started fracking on the island of Tierra del Fuego in 2013. More drilling is planned in the coming years. Colombia and Brazil have opened public bidding and signed contracts with oil companies for exploitation of unconventional hydrocarbons through fracking. Bolivia's state-owned oil company signed an agreement in 2013 with its counterpart from Argentina to study the potential of fracking in Bolivia. Better together In October 2014, with the help of AIDA, the Regional Alliance on Fracking was formed to raise awareness, generate public debate, and prevent risks associated with the technique. The alliance seeks to ensure that the rights to life, public health, and a healthy environment are respected in Latin America. The idea for the alliance came from previous regional coordination initiatives promoted by Observatorio Petrolero Sur and the Heinrich Böll Foundation.  The alliance currently consists of 33 civil society organizations and academic institutions from seven countries in the region. They are working together to: Identify fracking operations in the region, their impacts and affected communities, and promote civil society strategies to stop them. Organize workshops and virtual seminars on the impacts of fracking. Develop international advocacy strategies to stop fracking in the region. Conduct a regional outreach campaign on the issue. The alliance is strengthened by the expertise of its members, its regional scope, and the institutional support provided by organizations in each country. Given its collaborative nature, it is always open to the participation of new institutions and individuals interested in the subject. Major achievements Many civil society organizations, indigenous peoples, and institutions in the region have been working to stop fracking. They have developed strategies to generate information, raise awareness, promote public debate, and influence decision makers. Their achievements encourage us to improve coordination for greater impact throughout Latin America. Already, their efforts have resulted in: More than 30 municipal orders declaring a ban or moratorium on fracking in Argentina, Brazil, and Uruguay. Many have been based on the precautionary principle, as well as on concerns about surface and ground waters and public health.  Judgments suspending contracts for fracking in Brazilian oil basins in Sao Paulo, Piauí, Bahia, and Paraná. Judges have also ordered Brazil’s National Petroleum Agency not to open further bidding until the environmental risks and impacts of fracking are sufficiently understood. Publications on the impacts of fracking, community awareness campaigns, and a bill – supported by more than 60 national deputies and nearly 20,000 people – to ban fracking in Mexico.  Greater public awareness of fracking, and public debate, in Colombia and Bolivia.  Through regional collaboration, AIDA will continue to make progress on preventing the impacts of fracking in our communities, and promote an energy future that is both renewable and humane.

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