February 09, 2021. №9

Dear friends and co-fighters,

Welcome to the next issue of Positive News. Let you spread it among your friends and co-fighters in your countries and around the Earth. I will be glad to receive and publish your positive news from the fields and offices.

Sviatoslav Zabelin, SEU coordinator

Three court decisions – three incredible precedents.

The Court of Appeal in The Hague has ruled in favour of Milieudefensie / Friends of the Earth Netherlands and four Nigerians on most points in an oil pollution case that was first brought against Shell in 2008. Shell Nigeria in particular is liable for oil pollution at three locations in the Niger Delta, but according to the court, the parent company Royal Dutch Shell also violated its duty of care. Three of the four Nigerian plaintiffs and their fellow villagers must now be compensated for the damage caused and Shell must ensure that there is a leakage detection system in the pipelines in Nigeria. It is the first time that a court has held a Dutch transnational corporation accountable for its duty of care abroad. For decades, millions of people living in the Niger Delta have been suffering the consequences of large-scale oil pollution. Every year, 16,000 babies die as a result of pollution, and life expectancy in the Delta is ten years less than in the rest of Nigeria. Friends of the Earth Netherlands’ lawsuit revolves around pollution from leaks of Shell oil in three villages, which has rendered local people’s fields and fish ponds unusable. The leaked oil was never thoroughly cleaned up and new oil is still leaking out regularly.

The Paris Administrative Court ruled in favor of plaintiffs, including Greenpeace France, in a landmark case acknowledging the responsibility of the French State for the climate crisis. 

Executive director of Greenpeace France Jean-François Julliard said in response: 

“Let’s be frank: this is an historic win for climate justice. A French judge has ruled that climate inaction of the French State is illegal. This decision not only takes into consideration what scientists say and what people want from French public policies, but it should also inspire people all over the world to hold their governments accountable for climate change in their own courts. For governments the writing is on the wall: climate justice doesn’t care about speeches and empty promises, but about facts! This story is not over, we will use this decision as a crucial first step in pushing our scientifically-grounded arguments and get the court in the coming months to order the French State to act against the climate emergency. No more blablas!”
Why is it historic?

• It’s the first time the State’s responsibility in the climate crisis, because of its lack of action, is acknowledged by French justice.
• It’s a victory of truth over the denial of the State, who has relentlessly claimed its actions are sufficient, despite evidence (GHG emissions consistently over carbon ceilings, reports from the High Council for the Climate, etc.). Today justice sides with all those who have been warning about the climate crisis for decades.
• The recognition of the State’s fault and responsibility is a crucial step to obtain a court order forcing the State to act.

In a ruling believed to be the first of its kind in France, the appeals court in Bordeaux overturned an expulsion order against the 40-year-old man because he would face “a worsening of his respiratory pathology due to air pollution” in his country of origin. A Bangladeshi man with asthma has avoided deportation from France after his lawyer argued that he risked a severe deterioration in his condition, and possibly premature death, due to the dangerous levels of pollution in his homeland. “To my knowledge, this is the first time a French court has applied the environment as one of its criteria in such a case,” the unnamed man’s lawyer, Ludovic Rivière, said. “It decided my client’s life would be endangered by the air quality in Bangladesh.”

Other positive news.

The UK crane population has soared, a census found. Their courtship dances have inspired ballets, while some cultures worshipped them as gods. Now cranes are soaring again in the UK, some 400 years after they were wiped out by hunters. A census published this week revealed that 23 crane chicks were born in the UK last year, pushing the national population past the 200 milestone. The birds returned to Norfolk in the 1970s under their own steam and have spread to Suffolk, Cambridgeshire and Somerset thanks to ongoing efforts to restore their wetland habitats.

“The return of cranes to the British landscape shows just how resilient nature can be when given the chance,” said Damon Bridge, chair of the UK Crane Working Group. “If we want to see this success continue then [the] sites that cranes use and need must get adequate protection.”

Wisdom, a mōlī (Laysan albatross) and the world’s oldest known, banded wild bird, hatched a new chick this week at Midway Atoll. Biologists first observed the egg pipping on Friday, January 29. After several days, the chick hatched on Monday, February 1. Every year, millions of albatrosses return to Midway Atoll National Wildlife Refuge and Battle of Midway National Memorial. Beginning in October, birds return to their same nesting site and reunite with their mate in the world’s largest colony of albatrosses. Wisdom and her mate, Akeakamai, have been hatching and raising chicks together since at least 2012 when biologists first banded Akeakamai. “At least 70 years old, we believe Wisdom has had other mates,” said U.S. Fish and Wildlife Service biologist Dr. Beth Flint. “Though albatross mate for life, they may find new partners if necessary — for example, if they outlive their first mate.”

Cambodian authorities on Monday released five environmental activists after they were detained for three days for protesting against illegal logging inside one of the country’s biggest wildlife sanctuaries. The five, including Ouch Leng, a 2016 Goldman Environmental Prize winner, were detained by rangers on Friday for being inside the Prey Lang Wildlife Sanctuary without permission, Environment Ministry spokesman Neth Pheaktra said. The Kratie Provincial Court court had released the five who signed an agreement not to enter restricted areas without permission, Neth Pheaktra said. A case has also been filed against Ouch Leng’s Cambodian Human Rights Task Force for not being registered with the Interior Ministry, he said. The begging of history. On Friday afternoon Kratie provincial environment officers reportedly arrested prominent environmental activist Ouch Leng along with Heng Sros, Men Math, Heng Run and Choup Cheang. They are being detained at the Kratie city police station, according to Soeng Senkaruna, spokesperson for human rights group Adhoc, as reported by VOD.