Introduction to Amicus Briefs
Since 2018, ELC has innovated a program to submit amicus briefs in in courtrooms throughout the world seeking enforcement of the Rights of Nature, human and nonhuman environmental rights, rights of future generations, and other rights-based movements that fall under “Earth law.” We also engage in selective litigation in defense of rivers and other natural entities.
Amicus briefs are legal documents filed in court cases by non-litigants with a strong interest in the subject matter. The briefs allow ELC to advise courts of emerging arguments in the field of Earth law.
Join us! Email info@earthlaw.org to learn more or collaborate.
Earth Law Cases
Here are a few of ELC’s recent amicus briefs—just click on the photo or hyperlink to read more. Many are still pending, but we hope to provide positive updates in the near future!
United States
ELC Advocates for Right to a Stable Climate
Earth Law Center joined an amicus brief in Washington State supporting youth plaintiffs' challenges to state policies causing and contributing to climate change. The complaint asserts violations of their fundamental right to a healthful and pleasant environment, which includes a stable climate system. See Aji P. et al. v. State of Washington, (No. 99564-8). The recognition of such fundamental rights is essential to restoring ecological balance and honoring the inseparable connection between humans and the environment. The youth plaintiffs are represented by Our Children’s Trust, while the Center for Environmental Law & Policy led the amicus brief.
Amicus Brief Defends Ballot Initiative Process Used to Advance Rights of Nature
ELC filed an amicus brief in support of the Plaintiffs-Appellants in Beiersdorfer v. La Rose, et al. (No. 20-3557). The lawsuit challenges the constitutionality of Ohio’s ballot access scheme for ballot initiatives. The scheme excludes certain citizen-proposed laws and charters from the ballot despite satisfying procedural requirements, such as the requisite number of signatures. Many of the plaintiffs in the Beiersdorfer case advanced initiatives with provisions recognizing the inherent Rights of Nature, such as the Lake Erie Bill of Rights. ELC submitted its amicus brief in solidarity with community leaders who are writing human’s interconnectedness with the natural world into law to address the ecological crisis.
Special thanks to ELC pro bono attorney Kevin Rivera, Esq. for leading this project.
Amicus Curiae Brief Filed Before Washington State Supreme Court
On September 3, 2021, ELC submitted an amicus brief in the Washington State Supreme Court on behalf of ELC, 350 Seattle, 350 Everett, 350 West Sound Climate Action, Kitsap Environmental Coalition, and Emergency Conservation Committee-PNW. The brief supports the appellants' argument in a landmark case arguing that the Washington State Constitution requires the State to manage forest lands for all the people.
The state currently logs forest lands (including old growth and legacy forests) to maximize profits for specific trust beneficiaries. ELC’s amicus argues that the constitution must be interpreted in light of the climate crisis and introduces the concept of a constitutional right to live in a balanced relationship with the Earth. Special thanks to ELC summer intern Abigail Contreras, Anastasia Maier, Esq. and the National Lawyers Guild, Seattle Chapter, Living Systems Committee for their invaluable contributions.
ELC Supports Rights of Ecosystems in Aerial Pesticide Bans
On September 1, 2021, ELC joined Dr. Craig M. Kauffman in supporting a petition to the Oregon Supreme Court for review of Lincoln County’s aerial pesticide spray ban, which includes recognition of the rights of ecosystems. The trial court denied the Siletz River Ecosystem’s motion to intervene but recognized the issue’s importance and suitability for resolution by a higher court. Lincoln County Community Rights advanced the measure with support from the Community Environmental Legal Defense Fund.
Latin America
MARAÑON RIVER
Superior Court of Loreto, Peru
Filed July 2023 (Spanish)
Threat: Oil spills have severely polluted the Marañon River and devastated local communities.
Pending
PARANÁ RIVER DELTA
Supreme Court of Argentina
Filed August 2020 (Spanish)
Threat: Climate change, pollution, and other impacts to South America's second-longest river.
Pending
Photo by Martin Terber
Photo by Andreas Kay
Piatúa River
Constitutional Court of Ecuador
Filed November 2020 (Spanish)
Threat: Proposed hydroelectric dams would devastate a free-flowing river in the Amazon.
Pending
Ecuadorian Rivers Institute
ECUADORIAN AMAZON
Constitutional Court of Ecuador
Filed November 2020 (Spanish)
Threat: Gas flaring impacts the health of Indigenous communities and imperiled ecosystems.
Pending
Salado & Atoyac Rivers
District Court, State of Oaxaca, Mexico
Filed April 2019 (Spanish)
Threat: Extreme pollution in two rivers.
Win! The Court ordered local, state, and federal authorities to restore to health the Salado and Atoyac Rivers based on human environmental rights and the rights of future generations, referencing ELC’s amicus brief.
Juan Porter, Wikimedia
Anchicayá River
Constitutional Court of Colombia
Amicus filed August 2018 (Spanish)
Tutela Action filed August 2020 (Spanish)
Threat: Inadequate reparations and restoration after sediment discharges from a dam devastated wildlife and Afro-Colombian communities.
Appeals ongoing
Mateo.gable, Wikimedia
DULCEPAMBA RIVER
Constitutional Court of Ecuador & Environmental Ministry
First amicus filed July 2019 (English; Spanish)
Letter to Envtl. Ministry filed July 2020 (Spanish)
Threat: A dam project floods local communities and devastates wildlife.
Partial win! In part due to ELC’s advocacy, Ecuador’s Environmental Ministry has required the dam operator to maintain minimum environmental flows and take other actions to protect the river and local communities. The case continues in the courts in the meantime.
Dulcepamba River
Partners
We are proud to have worked with some of the following groups in submitting amicus briefs:
Want to collaborate with us to submit an amicus brief in defense of the Rights of Nature, as well as human environmental rights and the rights of future generations? Contact us to speak with one of our lawyers.
Header Photo: Unsplash / insung yoon