How the World Bank Can Stop Funding Disaster

Now that the Supreme Court has ruled the World Bank can be sued, what’s next for the organization? This article originally appeared on TheNation.com. Until recently the World Bank enjoyed absolute immunity in the United States from lawsuits. But a US Supreme Court decision on February 27 opens the door for individuals and communities around … Read More.

We Do Not Need Geoengineering to Solve (or Exacerbate) the Climate Crisis

On February 13, the Center for International Environmental Law launched a major new report examining the repeated and ongoing instances in which fossil fuel companies played a disproportionate role in promotion of carbon capture and storage, carbon dioxide removal strategies, and other geoengineering techniques. As we expected it to do, the report sparked excitement among … Read More.

Plastic is a global health crisis, and it requires global solutions

This blog post was originally posted by the Leonardo DiCaprio Foundation. There is a global health crisis hiding in plain sight. It’s being transported along our roadways and released into our skies. It surrounds us in our homes and offices. It plagues our oceans, our waterways, and our soil. It’s even in the food we … Read More.

Remembering Bradnee Chambers

Bradnee Chambers (1966-2019) Nature and humanity lost a true friend with Bradnee Chambers’ passing on January 23, 2019. A Canadian, Bradnee began his United Nations career at United Nations Conference on Trade and Development (UNCTAD) working on investment and transparency and then at the United Nations University Institute of Advanced Studies; but he found his … Read More.

A Win for Advocacy: Court Dismisses SLAPP Suit Against Environmental Activists

Around the world, threats against those who speak out to defend their environment and human rights are growing. In 2018, 321 human rights defenders were killed — a rate of six people every week. Environmental and human rights activists are also criminalized and face trumped-up criminal charges, defamation, and arbitrary detentions. And corporations are diversifying their … Read More.

Climate Outlook for 2019: Liability & Material Financial Risk

As the global transition to a low-carbon economy continued to accelerate, the impacts and responses to climate change dominated the news in 2018. The billions of dollars in property damages, lost businesses, and declines in state and local tax revenue in the US continues to reinforce concerns about the urgency of the climate crisis and … Read More.

Highlights from 2018: Top 10 Achievements

Again and again, our work makes clear to us that the world is filled with people ready to stand up. The world is filled with leaders. They are mobilized. They are fighting in cities and countrysides and courtrooms across the world. Every day, the movement to defend human rights and the environment grows, and we’re … Read More.

Challenging corporate impunity: First draft of a treaty on corporate human rights obligations

The UN Human Rights Council is negotiating a treaty to end corporate impunity for human rights violations. The open-ended intergovernmental working group on “transnational corporations and other business enterprises with respect to human rights” completed its fourth round of negotiations in October, where they discussed the so-called “Zero Draft” of a treaty on transnational corporations, or “TNC Treaty.” … Read More.

A Global Response to the Global Plastic Crisis

We are overwhelmed by plastic pollution. This is the last call to save the planet. Marine plastic pollution is now under the magnifying glass of a group of experts tasked with recommending a global response to the plastics crisis. Here’s what to expect at their meeting next week. Plastics are a product of the fossil … Read More.

Time to Roll Up Our Sleeves: Moving toward the Paris Implementation Guidelines

At the climate negotiations this December, countries must adopt guidelines for implementing the Paris Agreement at the national level. The Paris Implementation Guidelines are essential to ensuring that climate action around the world keeps global temperature rise below 1.5°C while respecting and protecting human rights. But after multiple rounds of talks, including a special session … Read More.

Cheers to Accountability! Happy 25th!

Twenty-five years ago today, the answer to the question, “Where do we go if we are harmed by the World Bank?” changed from nowhere to the Inspection Panel. We live in an ever changing and more complicated world, where corporations have investors, managers, shareholders, and oversight from all over the world, and operations are owned … Read More.

The Uncertain Future of Big Plastic

In the 1960s, investing in plastics was a safe bet, and the plastics boom showed no sign of slowing down. But in 2018, the future of the plastic industry is less clear. In the US, plastic production is ramping up as natural gas fracking has led to extremely cheap feedstocks for plastic production. The plastic … Read More.

A Day in the Life: The Early Warning System in Action

As I wrote in a previous post, the Early Warning System (EWS) helps make development work for everyone by offering communities the opportunity to have a say in projects that might impact them. But how does this play out in everyday life? (Or, in other words, what do I do all day besides read bank … Read More.

The Time is Now: Latin American and Caribbean Countries Must Seize the Opportunity and Bring the Escazu Agreement into Force

In March, we celebrated the adoption of the Escazú Agreement, a legally binding regional agreement guaranteeing access to information, participation, and justice in environmental matters in Latin America and the Caribbean. This marked the end of a five-year process led by the UN Economic Commission of Latin America and the Caribbean to codify the “access … Read More.

REACHing for a stronger classification for nanomaterials

Strong evidence suggests that titanium dioxide is a carcinogen, but industry manufacturers are moving to block the implementation of European legislation to label the dangerous chemical in their products. If it’s successful, this lobbying effort could put at risk one of the strongest science-based regulations to protect public health from harmful substances. Titanium dioxide can … Read More.

A Stitch in Time Saves Nine: Early Warning System 101

The Early Warning System (EWS)’s digital platform will be soon be made public, after years of hard work to improve the back-end of the site. But what is the Early Warning System, and why is it needed? When I began my internship at the Center for International Environment Law (CIEL), I couldn’t answer either of … Read More.

Nanoparticles: Small Problem, Big Issue

What do sunscreen, toothpaste, and pastries have in common? Many of them contain a chemical called titanium dioxide, or TiO2, which is used to increase whiteness and block UV rays. Yet this same chemical — the one slathered on your kids when it’s sunny out and that goes into your mouth when you brush your … Read More.

Rhode Island Becomes First State to Join Wave of Climate Litigation

In yet another frontier of the expanding struggle for climate justice, Rhode Island is the first US state to sue fossil fuel companies for the impacts of climate change. Climate change — with its rising sea levels and more frequent and severe natural disasters, like 2012’s Superstorm Sandy — is already impacting and extensively damaging … Read More.

EU, It’s Time to Get Serious About Endocrine-Disrupting Chemicals

You may not know about endocrine disruptors, but chances are they’re in your body. Endocrine-disrupting chemicals (EDCs) interfere with the body’s hormonal system and are linked to developmental, reproductive, neurological, and immune effects in both humans and animals. EDCs are most toxic at our most vulnerable: Exposure to these chemicals in the womb or during … Read More.

ESG Guidance from the Department of Labor Clarifies Fiduciary Duty

On April 23, 2018, the Department of Labor (DOL) issued new guidance for private sector employee benefit plans about fiduciary responsibility in the exercise of shareholder rights and in weighing environmental, social, and governance (ESG) factors in investment decision-making. At a time when public pension beneficiaries are expressing concerns about the prudence of retaining fossil … Read More.

SAICM Beyond 2020: Slow Progress on a Framework for Global Chemicals Management

From water bottles to smartphones, tens of thousands of chemicals are used around the world to make billions of products. Some of these chemicals are harmless. Others, however, carry toxic properties, affecting the development of children at their most vulnerable stages, damaging the environment, and building up in our bodies over time, compounding their already … Read More.

Public Participation & Rights a Priority at Upcoming Climate Meeting

From April 30 to May 10, countries will come together for a United Nations climate meeting, to continue to make progress toward implementing the Paris Agreement and meeting key goals at this year’s COP24 climate conference in Poland. To ensure positive climate outcomes that benefit both the planet and communities across the world, we must … Read More.

Rights for Ambition: Talanoa Dialogue presents opportunity to increase climate ambition while respecting rights

When countries adopted the Paris Agreement in 2015, they agreed to convene a “facilitative dialogue,” which would allow countries to come together to evaluate the world’s progress toward the goals of the Agreement. At last year’s climate talks, countries adopted the Talanoa Dialogue as the concept for this facilitative dialogue. The Talanoa Dialogue platform provides … Read More.

This Earth Day, It’s Time to #EndPlasticPollution

Our oceans, river systems, marine animals, and health are being threatened by a pollutant that’s all around us, yet sometimes invisible to the eye: plastics. Whether it’s an empty bag of chips floating in a nearby stream or microplastics ingested by both humans and marine animals, plastics have become a ubiquitous and destructive commodity. As … Read More.

$600 Million Loan from Inter-American Development Bank will Support Controversial Energy Reform in Mexico

In 2013, Mexico’s president Enrique Peña Nieto Peña Nieto touted the country’s energy reform as a “historic opportunity” to “transform and elevate the quality of life of all Mexicans.” The constitutional changes, which ended decades-long monopolies on oil, gas, and electricity held by two state-owned companies, have both Mexican and foreign private competitors salivating at … Read More.

Protecting Rights through a Transnational Corporate Accountability Treaty

At a time when a number of States are working to accelerate negotiations of international trade and investment agreements, an open-ended intergovernmental working group (IGWG) is working to draft a legally binding instrument (a transnational corporate accountability treaty) to address the legal imbalance between the rights and obligations of global businesses and those of the … Read More.

New Investments in Plastic Deserve Greater Scrutiny

Industry is currently investing billions in capacity to expand plastic production. But as the world phases out fossil fuels and awareness of the dangers of plastics increases, it begs the question: Is plastic production a good long-term investment? Around the world, countries, cities, and individuals are ramping up efforts to phase out fossil fuels, but … Read More.

Not for Sale: Final Remains of Ohlone Sacred Site at Risk

Imagine: Sacred graves destroyed, subjected to toxic waste dumps, and shrunken to a small 2.2-acre area of what is now the parking lot of Spenger’s Fish Restaurant. Since the eighteenth century, the Ohlone tribe have been fighting to protect their ancestral burial grounds. Now, a 5,700-year-old Ohlone Shellmound and Village Sacred Site is under threat … Read More.

Court Recognizes Right to a Healthy Environment at a Crucial Moment

Around the world, the connection between human rights and a healthy environment is becoming ever more obvious — as communities are harmed by mining projects, as people are displaced by climate change, and as cities and towns are devastated by extreme weather. That’s why the historic decision of the Inter-American Court on Human Rights in March was … Read More.

Tackling Gender Disparity at the Intersection of Human Rights and Climate Change

On the eve of International Women’s Day, the Committee on the Elimination of Discrimination against Women (CEDAW) adopted a new General Recommendation on the gender-related dimensions of disaster risk reduction in the context of climate change. It marks a major milestone in tackling the particular impacts climate change has on the rights of women and girls … Read More.

Strengthening Civil Society Participation in Environmental Treaty Compliance

What role can NGOs play in the enforcement of environmental treaties? How can compliance and implementation bodies encourage civil society participation in their reviews? What, if any, is the value of involving members of the public in the process? These are some of the questions presented at a roundtable discussion of compliance committee representatives at … Read More.

Deregulation through the EU-Canada Trade Agreement: Four Case Studies

The EU-Canada Comprehensive Economic and Trade Agreement (CETA) is designed to facilitate the unfettered expansion of trade between the EU and Canada, including by limiting the regulatory burden for companies in both jurisdictions. This means harmonizing regulations, which historically has meant reducing them to the lowest common denominator; reducing the discretion regulators have to tailor … Read More.

Trade and Sustainable Development: Friend or Foe?

In most international organizations, including the United Nations (UN) and the World Trade Organization (WTO), conventional wisdom is that international trade supports sustainable development. “Trade growth enhances a country’s income generating capacity, which is one of the essential prerequisites for achieving sustainable development,” the WTO noted in the 2016 UN High-Level Political Forum on Sustainable … Read More.

Hey! Have you been subpoenaed by Exxon yet?

In what has become the go-to intimidation tactic for Exxon and its allies, Exxon has announced that it is launching yet another baseless, vexatious discovery process designed to prove that every city, state, journalist, and nonprofit that investigates the company is part of a massive conspiracy to suppress its constitutional rights. Exxon’s latest targets (and … Read More.

Overcoming Obstacles: The Long and Winding Road to Remedy for Communities

Despite claims that development projects are designed to benefit communities around the world, they often do the opposite. Projects, especially infrastructure projects, can bring myriad problems — impacting access to or quality of water, forcing communities to resettle, infringing on grazing land, and polluting the air, water, and land, among other devastating consequences. When things go … Read More.

Rosewood, Pangolins, and Whales: CITES Standing Committee Meets in Geneva

On November 27 through December 1, the Standing Committee of the Convention on International Trade in Endangered Species (CITES) met to discuss measures countries are taking worldwide to halt the illegal trade of endangered species.   With substantive discussions around protections for rosewood, pangolins, sei whales, and other at-risk species, CITES affirmed its vital role … Read More.

Happy Birthday, Paris Agreement: Global Climate Accord Turns Two

On December 12, 2017, hundreds of investors, governments, and civil society representatives joined French President Emmanuel Macron at the One Planet Summit to mark the second anniversary of the Paris Agreement. President Macron—joined by UN Secretary General António Guterres, Work Bank Group President Jim Yong Kim, and others—encouraged public and private financial institutions to accelerate … Read More.

Why We Write.

The World Bank will be rolling out its new environmental and social policy in 2018. The objective of this policy is “to help protect people and the environment in the investment projects it finances.” Yet after years of statements, meetings, unending papers, and heated debates, the bank created a system of open-ended compliance, discretionary rules, … Read More.

We Are The Tide: 2017 in Review

The last year has demanded more from all of us — more resilience, more innovation, more courage, more solidarity. In 2017, your support helped us… Tackle Plastic Pollution at its Source Our newly launched Fueling Plastics initiative is highlighting the deep links between plastics and fossil fuels, the primary chemical feedstock in over 99% of … Read More.

UNCITRAL Looks Narrowly at the Problems with Investor-State Dispute Settlement (ISDS)

November 27 – December 1, more than 40 governments met as part of a working group of the UN Commission on International Trade Law (UNCITRAL) to discuss reforms to the investor-state dispute settlement (ISDS) system. The conversation focused primarily on identifying problems with ISDS, while potential solutions — including the EU’s proposed Multilateral Investment Court … Read More.

Countries Should Tackle Pollution at Its Source at UNEA-3

From November 27 to December 6 in Nairobi, Kenya, the CIEL team will participate in the third meeting of the United Nations Environment Assembly (UNEA-3). UNEA, the main governing body of the United Nations Environment Programme, is the highest political forum on environmental matters, involving all 193 Member States of the UN, as well as … Read More.

The Rotterdam Convention: Finding a Way Forward

You’re going to your sister’s house for a holiday dinner. Your son begins pestering you to bring his favorite pie (pecan), even though your niece is deathly allergic to nuts. Before bringing the potentially hazardous treat, you’ll probably check with your sister to see if it is ok, right? That is how the Rotterdam Convention … Read More.

The European Commission Consultation on the Multilateral Investment Court

A Breach of the Fundamental Purpose of Public Participation in Decision-Making Mechanisms that enable decision-makers to hear from the public are at the heart of democratic governance. One of the most common mechanisms is public consultation, which improves the transparency, coherency, and legitimacy of government decision-making. The right of the people to take part in … Read More.

German Court Grants Peruvian Farmer’s Appeal Against RWE

On November 13, a German appeals court agreed to review evidence supporting arguments by Peruvian farmer Saul Luciano Lliuya in his case against German energy giant RWE for the company’s contributions to climate change impacts that are now threatening his Andean home. Lliuya argues that RWE, as one of the world’s biggest emitters of carbon … Read More.

A Powerful Civil Society Movement Pushes Forward the Treaty to Regulate International Corporations

When it comes to making corporations take responsibility for the human rights impacts of their global operations, voluntary measures are insufficient. That’s why countries met from October 23-27 to negotiate an international, legally binding instrument on Transnational Corporations (TNCs) and other Business Enterprises with respect to human rights. Representatives from more than 100 states and … Read More.

COP23 is an Opportunity to Emphasize Human Rights in Climate Action

Building on the momentum in the two years since the adoption of the Paris Agreement, the upcoming COP23 is an opportunity for negotiators to reiterate the importance of human rights in climate action and take concrete steps toward implementing the agreement at a global scale. There is no doubt: climate change is a human rights … Read More.

Negotiations Begin Today for Transnational Corporate Accountability Treaty

Economic growth and foreign investment can have a positive impact by bringing jobs, development, and improvements to social welfare. But when businesses are able to act with impunity, they undermine these benefits and can cause serious human rights and environmental violations. For this reason, countries are joining together to creating binding obligations for corporations abroad, … Read More.

Industry Conflict of Interest Jeopardizes Regulation of Toxic PFOA

On October 17-20, the Stockholm Convention’s Persistent Organic Pollutants Review Committee will meet in Rome, Italy. Among other priorities, the Committee will discuss PFOA — a toxic chemical that has been found in the bodies and bloodstreams of people all over the world. CIEL and other NGOs highlighted conflicts of interest that undermine the recommendations … Read More.

Little Transparency After Three Rounds of NAFTA Renegotiations

Negotiators from Canada, Mexico, and the United States met behind closed doors for the third round of NAFTA renegotiations in late September, leaving the general public in the dark about how issues were discussed and without any opportunity to provide input. The first three rounds of negotiations of the North American Free Trade Agreement (NAFTA) … Read More.

Unbearably Hot, Wet, Windy, and Burning: Science Shows Us Who is Liable for the Earth’s New Normal in an Age of Climate Consequences

September has offered a sobering glimpse of the growing frequency and intensity of extreme weather patterns and their horrifying impacts. Record breaking heat, storms, and floods are being described with a growing collection of superlatives: hottest, wettest, most, and worst. As research scientist Katharine Hayhoe explains, as the world warms, more rapid evaporation increases the … Read More.

Negotiators should eliminate NAFTA’s corporate power grab

Today, negotiators from the United States, Mexico, and Canada completed the second round of NAFTA negotiations in Mexico City. Despite calls from across the continent for a NAFTA that is better for the environment, workers, and public health, negotiators seem intent on keeping one of its worst provisions: investor-state dispute settlement (ISDS). Sign the petition … Read More.

Green Groups Stand Together to Protect Climate Risk Carbon Initiative

A few weeks ago, California Insurance Commissioner Dave Jones fired back against a group of twelve oil and coal states that have threatened legal action over the Climate Risk Carbon Initiative. Now, fourteen environmental organizations are standing together to protect the same initiative from legislative assaults launched against it from within the state. Senate Bill 488, … Read More.

Aramco Opens, Fossil Fuel Age Closes

The Saudi government, in an effort to modernize and diversify the economy of Saudi Arabia, is planning to bring Saudi Aramco – an oil company with exclusive rights to Saudi Arabia’s vast oil and gas reserves – public with an IPO. This decision has raised eyebrows, as most observers expect that Aramco’s IPO, even with … Read More.

Arctic Shipping: New Environmental and Human Rights Risk

As a direct result of climate change, the Arctic is warming at a much faster rate than the rest of the planet. In 2016 the average temperature in the Arctic increased by 12 degrees Fahrenheit, a margin that would be cause for widespread panic if it occurred in a more populated area of the world. … Read More.

The Commissioner Strikes Back: California Insurance Commissioner Dave Jones Counters Legal and Legislative Threats from Oil, Gas, and Coal Interests to Halt Climate Risk Carbon Initiative

Last week, California Insurance Commissioner Dave Jones fired back against a group of 12 oil and coal state that have threatened legal action over the Climate Risk Carbon Initiative. The threats of legal action began in June 2017, when Oklahoma Attorney General Mike Hunter, the successor to the current EPA administrator Scott Pruitt, sent a … Read More.

Alto Maipo Update: More Financial Woes for Beleaguered Hydro Project

With an important contractor exiting the project, more cost overruns, and the recent death of an employee, the Alto Maipo hydroelectric project is facing new crippling challenges The Alto Maipo Hydroelectric Project (PHAM) is a hydroelectric mega-project near Santiago, Chile, that has repeatedly come under fire for environmental, social, and financial reasons. In the wake … Read More.

Preserving People’s Cultural Heritage is a Crucial Part of Development

The relationship between people and land is immensely important. A community’s rights, identity, history, and future are all affected by this interconnectedness. Archeological remains and geologic history testify to these changing relationships between people and their environment. Unfortunately, sites are frequently threatened by development projects that can destroy this cultural heritage and environmental record. Development … Read More.

Three California Climate Lawsuits Target Fossil Fuel Industry Responsibility

This week, three California municipalities – San Mateo County, Marin County, and Imperial Beach – filed complaints  against thirty-seven fossil fuel companies, seeking damages for the impacts of climate change. The plaintiffs argue that sea level rise has already done damage and cost money to study and prepare for. These costs will only grow as … Read More.

US NAFTA Negotiating Objectives Fail to put Citizens First

United States Trade Representative Robert Lighthizer released the US NAFTA negotiating objectives on July 17, 2017, in keeping with the plan to open negotiations on August 16. The ‘detailed’ objectives are neither detailed nor comprehensive, failing to explain how the agreement, if successfully concluded, will further the objectives required by the 2015 Trade Promotion Act (TPA). … Read More.

Why the Exxon Investigation Is More Urgent and More Justified Than Ever

Exxon may be perpetrating an ongoing fraud on the public. Over the last two years, reporting by the Los Angeles Times, the Center for International Environmental Law and others has exposed that Exxon and other oil companies have known about climate change and its potentially catastrophic impacts for at least 60 years. Instead of sounding … Read More.

Ceta and pesticides: A citizens’ rights issue

This article originally appeared on EUObserver. The EU and Canada will begin provisionally applying the Comprehensive Economic Trade Agreement (Ceta) on 21 September 2017. The EU’s obligation for data protection under this agreement is in conflict with EU law on public access to information, particularly in relation to pesticides. Therefore, the EU will soon be … Read More.

The Green Climate Fund: A Refresher

It’s a been a while since we’ve written about the Green Climate Fund (GCF), but given its recent popularity in the media stemming from Trump’s complete mischaracterization of it when declaring his intent to withdraw the US from the Paris Agreement, we wanted to give you a refresher on it. What it does. Contrary to … Read More.

Reforms Open Mexico’s Oil and Gas to Investor Rush… and here comes NAFTA

While much of the global community is focused on reducing greenhouse gas emissions and addressing climate impacts, the US and Mexico are rushing to access and exploit Mexico’s untapped oil and gas reserves. Mexico’s recent energy reform has opened the doors to private foreign investment; meanwhile, the upcoming renegotiation of NAFTA will compound current changes … Read More.

US joins UN resolution to protect human rights from climate change

The US said climate change had “a range of implications for the effective enjoyment of human rights,” in a departure from recent diplomacy and Trump’s rhetoric Countries agreed that the human rights of children must be protected as they are particularly vulnerable to climate change (Pic: UNICEF) The UN Human Rights Council has adopted a resolution … Read More.

Toxics Triple COP Parties Press “Pause” on Compliance Mechanism

As a rookie to international negotiations and a curious trainee in CIEL’s five person Environmental Health team, I attended my first Conferences of the Parties of the Basel, Rotterdam, Stockholm Conventions (BRS COPs) from April 24th to May 5th 2017. The Basel, Rotterdam and Stockholm conventions regulate the control of transboundary movements of hazardous wastes … Read More.