IPBES Report highlights liability litigation to promote sustainable biodiversity use

The Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (IPBES) is the global, intergovernmental, science-based body working to

 strengthen the science-policy interface for biodiversity and ecosystem services for the conservation and sustainable use of biodiversity, long-term human well-being and sustainable development.

IPBES has just released its global assessment on the sustainable use of wild species of plants, animals, fungi and algae around the world.  Chapter 6 considers Policy options for governing sustainable use of wild species (https://zenodo.org/record/7157869)

The Assessment, 4-years of work by 285 leading experts drawing on >6,200 sources, considers the governance of the 50,000 wild species harvested to meet the needs of billions of people worldwide—and consider how to make this more sustainable for future generations.

Notably, the report notes the important role of environmental liability litigation – not only to protect biodiversity, but also to promote more sustainable use of wild resources.  It notes,

Alongside traditional sanctioning approaches based on fines and imprisonment, environmental liability lawsuits can help enforce wild species regulations. Such environmental liability legislation forms part of national legislation in a great many countries. These laws hold responsible parties liable for the environmental harm they cause, and thus responsible for providing remedies. Environmental liability legislation is important to sustainable use because, where legal trade is violated (illegal trade, quota abuse, inappropriate standards, etc.) there is a need for appropriate enforcement responses that not only punish violation, but provide remedies that meaningfully address conservation impacts and values of nature.

Although laws and procedures vary widely, many countries allow different stakeholders to bring environmental lawsuits to court, seeking remedies such as:

1. Injunctions to stop harmful activities from continuing, such as the suspension of harvest licenses;

2. Orders for government agencies to act in accordance with the law or review their procedures, such the processes for setting harvest quotas, or the ways in which government agencies chose to enforce wild species legislation. 

3. Orders that the parties responsible for causing environmental harm be liable for providing remedial actions, such as species reintroductions, clean-up or reforestation.

As such, environmental lawsuits can be used to seek compensation from illegal traders of wild species resources, or to challenge quotas, the (mis)allocation of permits, failure to implement the Convention on International Trade in Endangered Species of Wild Fauna and Flora Non-Detriment Findings, failure to list a protected species, or government failure to allow for traditional harvest of a species. Related litigation can thus not only support sustainable use, but also act as a means of "making nature’s value legible" and for recognizing human rights through court actions that formally recognize different types of rights that are frequently overlooked or violated in policy processes.

Read more about the landmark report: https://ipbes.net/media_release/Sustainable_Use_Assessment_Published

Read the report: https://zenodo.org/record/7157869