Implementing Constitutional Environmental Rights

Constitutional Environmental Rights Part 1 : Minors Oposa v. Factoran and Metro Manila Dev. Auth. v. Concerned Residents of Manila Bay

Tony Oposa tells the story of Minors Oposa v. Factoran and Metro Manila Dev. Auth. v. Concerned Residents of Manila Bay, one in which he represented 43 minors to cancel timber licenses to save old growth forests in the Philippines, and the other he brought to clean up Manila Bay, which is – now many years after the original litigation – ecologically healthy and safe for swimming.

Tony is one of Asia’s leading voices in the arena of environmental law. Fighting to protect the Philippines’ natural patrimony, he has initiated landmark cases to protect the country’s remaining virgin tropical forests and clean up Manila Bay. He has also organized and led enforcement operations against environmental criminals and founded SEA Camp (Sea and Earth Advocates). Tony holds a B. S. in Business Administration, De La Salle University, Manila; a Bachelor of Laws, University of the Philippines; and an LL.M., Harvard Law School. Tony chairs the Normandy Chair for Peace.

Constitutional Environmental Rights Part 2: Robinson Township and Delaware Riverkeeper et al. v. Pennsylvania

Maya van Rossum describes her work as the Delaware Riverkeeper and her galvanizing role in Robinson Township and Delaware Riverkeeper et al. v. Pennsylvania, in which the Supreme Court of Pennsylvania ruled that the government’s promotion of natural gas fracking violated the Environmental Rights Amendment to the Pennsylvania (U.S.) Constitution requirement that the government hold natural resources in trust for present and future generations. 

Maya is the Delaware Riverkeeper and Founder of the Green Amendment Movement. She has served as an adjunct professor and director of the Environmental Law Clinic, which she founded, at Temple Beasley School of Law. Maya holds her J.D. from Pace University Haub School of Law, and her LL.M. from Widener University Delaware Law School.

Droits constitutionnels en matière d’environnement – Partie 3 : Philippi Horticultural Area Food and Farming v. Government Litigation.

Dr. Melanie Murcott tells the story of Philippi Horticultural Area Food and Farming v. Government, a case invoking Section 24 of the Constitution of South Africa, which guarantees environmental substantive and procedural rights. In this case, the litigants were able to earn a victory to protect access to clean water and land use to protect both the affected community’s needs as well as those of future generations to a sustainable farming future. that aims to advance human rights and environmental protection, and farming for the future in South Africa.

Melanie is a senior lecturer in the Department of Public Law at the University of Pretoria, researching and teaching about environmental law and administrative law. The focus of her research is on how environmental law can advance social, environmental and climate justice as interconnected concerns through the innovative legal theory of transformative environmental constitutionalism. She holds an LLB from the University of Cape Town, an LLM from the University of Pretoria, and an Doctor of Laws from North-West University.

Constitutional Environmental Rights Part 3: Montana Environmental Information Center v. Montana DEQ

Kim Wilson tells the story of bringing the Montana Environmental Information Center v. Montana Department of Environmental Quality, in the Montana Supreme Court enforced the state’s constitutionally recognized right to a clean and healthful environment. This case is perhaps the first time a court applied an express constitutional right for the purposes of environmental protection, here to conserve wild waters and fishing areas in the State of Montana in the U.S.  

Kim was one of the lead counsel in the case. He holds his J.D. from Montana Law School and is a lawyer for Morrison, Sherwood, Wilson & Deola.

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