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Ley 430, 1991 |
This is the general law of fisheries and aquaculture. It establishes the guidelines for the preservation of hydrological resources, extractive fishing activities, and research activities in terrestrial waters, sea beaches, inland waters, territorial seas, exclusive economic zones, and adjacent areas. This law also regulates transformation and processing fishing activities and storage, transportation, or commercialization of hydro-biological resources. |
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LEY 71, 2010 |
Ley 71 is “the law for the rights of mother earth." This law recognizes the rights of Mother Earth, as well as the obligations and duties of the government and society to guarantee respect for these rights. This law gives the environment, or "mother earth," and all its components, the status of collective subject of public interest for the purpose of guaranteeing the protection of its rights. |
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LEY Nº 300, 2012 |
Ley 300 establishes the legal framework for the conservation of the environment, or ‘mother earth.' This law recognizes the rights of mother earth and the legal status that are subjects of rights. |
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MI - Biological Diversity - Chapter 324. Natural Resources and Environmental Protection Act. |
These Sections describe the State's desire to conserve biological diversity as well as the State's strategy and considerations in achieving this goal. These sections also create the joint legislative working committee on biological diversity. |
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Natural Resources Defense Council v. Rodgers |
An environmental organization brought an action against United States Bureau of Reclamation, the National Marine Fisheries Service, and the Fish and Wildlife Service, alleging that agencies failed to examine critical issues in biological opinions (BiOps) before executing water contracts for delivery of California Water Project water to irrigation and water districts. On a cross motion for summary judgment, the District Court held that the agencies failed to conduct adequate adverse modification analyses, failed to conduct adequate jeopardy analyses, and that the conduct of BOR in relying on the issued BiOps was arbitrary and capricious.
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Re Wildlife Protection Association of Australia Inc. and Minister for the Environment, Heritage and the Arts |
The Minister for the Environment declared the New South Wales Commercial Kangaroo Harvest Management Plan 2007-2011 to be an approved wildlife trade management plan within the meaning of the Environment Protection and Biodiversity Act 1999 (Cth). The Tribunal considered aspects of the plan including: ecological sustainability; conservation of biodiversity; humane treatment; response to environmental impact; precautionary principles; ethical research; and state legislation. The plan was ultimately approved by the Tribunal with a caveat that it include a trigger to suspend the 'harvest' if population levels dropped by 30% or over.
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RULES FOR PLAYING GOD: THE NEED FOR ASSISTED MIGRATION & NEW REGULATION |
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Sentencia T-622, 2016 |
This is not a judicial decision that touches on animal welfare issues. However, it is important to mention as the Constitutional Court granted for the first time the status of legal person to a river. The Plaintiff, ‘Centro de Estudios para la Justicia Social “Tierra Digna”’ brought an action of ‘tutela’ (Constitutional mechanism that is preferential and summary created for the purpose of protection of fundamental rights) in representation of various community councils of the Atrato region in the Colombian Pacific against the Presidency of the Republic and others. The basin of the Atrato river covers and area of about 40,000 KM2 (15,444.086 sq mi) It is considered one of the highest water yields in the world. There are many ethnic communities that live in the adjoined municipalities that include Afro-Colombian communities, indigenous communities and mixed communities that obtain their sustenance from activities such as artisanal mining, agriculture, hunting and fishing by this river. The water of the river is also used for direct consumption. The Plaintiff alleged that the contamination of the river is a threat to the health of the communities that use the river as a source of work, recreation and to obtain food. The Plaintiffs sought that the court stop the large-scale and permanent use of illegal extraction methods of minerals such as gold and platinum. Additionally, logging that includes the use of heavy machinery and highly toxic substances such as mercury and cyanide as well as other toxic chemicals used in mining of the Atrato river. They argued that the illegal mining in the Atrato river was resulting in harmful and irreversible consequences on the environment, affecting the fundamental rights of ethnic communities that live in the area and the natural balance of the territory. For these reasons, the Plaintiffs asked the court to declare protection of the fundamental rights of the ethnic communities: life, health, water, food security, a healthy living environment, to culture and to the territory, by ordering the implementation of structural changes. The lower courts denied the action of ‘tutela’ in first and second instance, arguing that the Plaintiff sought the protection of collective rights, rather than fundamental rights. Therefore, this constitutional mechanism was not appropriate. After holding that the action of ‘tutela’ was the appropriate mechanism for the protection of the fundamental rights of the ethnic communities, the court established in its ruling that the right to water was a fundamental right, as it is a necessary component to the right to a dignified life, and it is essential for many organisms that inhabit the planet to be able to survive. The use of mercury and other toxic substances in mining activities is prohibited, regardless the legality of the activity. In a new approach, the court held that the Atrato river is subject to rights that imply its protection, conservation and maintenance and instructs the national government to be the guardian and to exercise the river’s legal representation through the president or whichever he appointed, along with the ethnic communities that inhabit the basin of the river. Thus, it guarantees the Atrato river is represented by a member of these communities and a delegate of the Colombian government.
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South Africa |
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South Africa - Biodiversity - National Environmental Management |
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