Global group explores case developments in securing remedial measures for nature
Lawyers, conservationists and scientists from nine countries meet to share progress and develop legal strategies to remedy harm to nature
Thattekad, India, 07 February 2025 – A network of lawyers, scientists and NGOs met this week to discuss progress in developing a wave of new cases for nature in India, Indonesia, Cameroon, Uganda, Italy, Liberia and the Philippines.
Hosted by the Wildlife Trust of India (WTI) in partnership with Lancaster University and the Illegal Wildlife Trade Challenge Fund, the five-day event (February 3-7) represents a unique opportunity for frontline nature defenders to share lessons, legal approaches and advice across jurisdictions.
The representatives from each participating country are supporting precedent-setting liability cases, ranging from elephant poaching to illegal mining. Crucially, and in contrast to traditional legal responses to crime, each of the cases aims to shift the focus from mere punitive sanctions such as fines and imprisonment to holding offenders legally liable for remedying the harms they cause to nature.
Amid the setting of Thattekad Bird Sanctuary, the group observed Kerala’s endemic birdlife species in their natural habitat, including the Malabar grey hornbill, and other rare birds like the Ceylon frogmouth, while sharing developments and challenges in their own countries.
“This gathering is unlike any other: Our colleagues are taking laws that have long existed on paper, and are operationalising them, often for the first time, to save and remedy nature. This is an opportunity for us to share methods, build community and develop strategies. Collectively, these cases represent a transformative green wave of litigation”, commented Dr. Jacob Phelps of Lancaster University and co-founder of Conservation-Litigation.org.
Jose Louies, CEO of the Wildlife Trust of India, explains the projects carried out by the NGO across India
A key focus of the group is to strengthen methods for presenting science in court and for preparing claims – used to characterise the harm caused by an offender and to identify appropriate remedies. Their work will inform a new guideline to be published by the IUCN World Commission on Environmental Law’s Biodiversity Law Specialist Group, to help support government agencies and NGOs as they develop future cases.
The gathering is timely, as on Friday a court in Italy made a precedent-setting ruling in one of the cases supported by the Conservation-Litigation.org network. Responding to a case of large-scale commercial illegal cactus smuggling, the court awarded remedies to a conservation group focused on protecting those species – funds that will be directly invested into conservation actions to remedy the harm caused.
“This notable case in Italy is inspiring because it helps show what is possible. There are very few of us who are actively using these legal strategies, and so it is a tremendous opportunity to be able to gather, learn and plan together,” explained Grizelda Mayo-Anda of the Environmental Legal Assistance Center in the Philippines.
Talking on the occasion of the meet, Jose Louies, CEO of the Wildlife Trust of India, stressed that such initiatives are vital in strengthening legal action against wildlife crime. “By exchanging ideas, we can ensure that offenders are held accountable and wildlife laws are effectively enforced, safeguarding biodiversity for future generations.”
Lovish Sharma, WTI Legal counsel added, “Existing provisions under the Indian legal framework envisage remedies that can be sought for the harms caused to the environment, particularly wildlife and its habitat. Our focus is to get those laws enforced and develop a jurisprudence to seek remedial action for the losses caused by the criminal acts of the offenders.”
Conservation-Litigation.org is a global network of conservationists, lawyers, scientists, economists and artists focused on supporting the strategic use of environmental liability laws to serve conservation.
This work is supported by the UK Government via the Illegal Wildlife Trade Challenge Fund.
Attendees
Blair Atwebembeire, Blair & Co. Associates, Uganda (virtual) Difa Shafira, Indonesian Center for Environmental Law
Grizelda Mayo-Anda, Environmental Legal Assistance Center, Philippines Irma Hermawati, Rekam Nusantara Foundation, Indonesia
Frisco Aimé, Eco Activists for Law and Enforcement, Cameroon
Yanquoi Dolo, Forestry Development Authority, Liberia (virtual)
Carol Jones, Environmental Law Institute, USA
Jay Pendergrass, Environmental Law Institute, USA
Ted Webb, University of Helsinki, Finland
Rika Fajrini, Kyoto University, Japan
Jose Louies, Wildlife Trust of India
Lovish Sharma, Wildlife Trust of India
Darak Ullah, Ld. District Judge (Retd.) Assam Judicial Services, India
Nagaraj Narayanan, Special Govt. Pleader (Forests), State of Kerala, India Debobroto Sircar, Wildlife Trust of India
Sethu G, Wildlife Trust of India
Deeya Bhattacharjee, Wildlife Trust of India
Lynne Hempton, Conservation-Litigaton.org, UK
Naila Bhatri, Conservation-Litigation.org, UK
Jacob Phelps, Lancaster University & Conservation-Litigation.org, UK
View the full Press Release here
