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- N-1-1-020.55.1 Internet and Environmental Law, by John E. Bonine*,
- <jbonine@oregon.uoregon.edu>
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- John Muir, nineteenth century naturalist, once wrote that when you
- take hold of anything in this world, you find that it is hitched to
- everything else.
-
- A growing number of young environmental lawyers and public interest
- scientists around the world are putting this principle of ecology to
- use in the Information Age. They are using electronic mail and
- computer conferencing to obtain information transnationally that
- before now has been largely unobtainable in their own countries. With
- this information and advice, they are rewriting the book on
- environmental law in the developing world.
-
- Environmental Law Alliance Worldwide (E-LAW), formed by public
- interest lawyers from Peru, Ecuador, Australia, Malaysia, Indonesia,
- the Philippines, Sri Lanka, and the U.S., recently began operation.
- Members of E-LAW are committed to helping get good science and legal
- information into the hands of lawyers (often volunteers) who are
- representing citizen groups at the grassroots level. Their goal is
- that government policies will be made with the full participation of
- those affected by pollution and environmental harm, and that
- environmental laws will be properly enforced.
-
- After receiving a grant in late 1990 to get the Alliance off the
- ground, the E-LAW members decided that rapid, cheap communications
- through e-mail had to be at the heart of their work. For their
- initial e-mail and conferencing host, they selected Pegasus in
- Australia and Econet/Peacenet in the U.S. (a project of the nonprofit
- Institute for Global Communications (IGC) and member of the
- Association for Progressive Communications (APC)). Within a few
- months they had E-LAW offices in Malaysia, the Philippines, Australia,
- and the U.S. online through national packet-switching networks.
-
- Other countries have proved to be much more difficult. The greatest
- quantitative difference in environmental protection through
- information exchange can be obtained in those countries that have the
- least access to computer networks. When the barriers of cost and
- technology are high, successfully leaping those barriers with
- environmental law and science information can be like a drink of water
- to a parched person. Consequently, E-LAW participants found that to
- link together they would have to use whatever computer links were
- available, and ask for help where none exists.
-
- In Ecuador E-LAW has been working to get connected through Ecuanex, an
- academic and nonprofit uucp network partially funded by the United
- Nations Development Programme. In Peru the public interest lawyers
- are waiting for the final steps in setting up PeruNet to be completed.
- E-LAW's public environmental law discussion conference is now carried
- through Internet/Bitnet/Fido links to three dozen bulletin boards in
- Germany, Austria, and Switzerland on ComLink, and is now being started
- on Worknet in South Africa and Mango in Zimbabwe.
-
- The conventional wisdom said that Sri Lanka is impossible. But
- monitoring of a mailing list devoted to technical discussions of
- low-cost e-mail revealed that a new academic and research UUCP network
- is being established in Sri Lanka (LankaNet). E-LAW moved quickly to
- get hooked up and professors at the University of Moratuwa cooperated.
- In the Philippines, the E-LAW offices has experimented with FidoNet as
- a possibly cheaper alternative to direct calls to Econet.
-
- Meanwhile, international networking expert Randy Bush of Portland,
- Oregon, has been advising the non-technical E-LAW users in Eugene
- about adopting a more distributed approach through the Internet,
- Bitnet, and UUCP, particularly where the APC systems do not reach.
- Working with Econet, he has designed a linked mailing list that will
- allow E-LAW's discussion conferences on Econet to be networked through
- the Internet to quite remote sites, despite the e-mail-only
- connection.
-
- Does all this make any difference? Owls in Australia and Amazonian
- Indians in Ecuador would be likely to say yes. An urgent request was
- flashed to E-LAW U.S. in August for information that would help an
- Australian barrister protect the Sooty Owl and 24 other sensitive
- species in a State Forest. In response, a U.S. scientist who had
- worked extensively on both the Northern Spotted Owl of the Northwest
- U.S. and the Sooty Owl in Australia produced decisive evidence. A
- court granted an injunction against the logging in late September.
- The court's ruling that the government was violating a variety of
- environmental laws has been called one of the most significant in
- Australian environmental history.
-
- Ecuadorian public interest lawyers have been fighting to prevent oil
- drilling in a National Park in the Amazon considered to be the most
- biologically diverse on the planet. They uncovered information on
- improper interferences in the Ecuadorian judicial system by certain
- foreign oil companies, drew up a complaint to the U.S. government, and
- publicized the complaint worldwide on computer networks. Combined
- with other activities by rainforest protection groups, it appears that
- these efforts had something to do with the announcement in October by
- the major North American oil company seeking drilling permission that
- it would not pursue the project.
-
- Other public interest lawyers are seeking information on the safety of
- planned nuclear plants in Asia, on health effects of a plastics
- production process in Sri Lanka, and on threats to still other
- National Parks in South America and Central America. The thirst will
- not soon be sated. Once the information stream starts trickling
- through the Internet, Bitnet, UUCP, FidoNet, and APC systems into a
- region, numerous nonprofit groups and their public interest attorneys
- quickly line up to drink from it.
-
- In the end, environmental policy decisions will be made by the
- governments, courts, and peoples of each country. But until now there
- has been an imbalance in information and persuasion. Those who build
- or operate industrial or development projects have had worldwide
- resources to press their points of view. They could even (as in the
- case of toxic dumping in the Third World) roam the world searching for
- countries where information about possible dangers is the most absent.
- Now, those who question the safety or environmental impacts of unwise
- projects are catching up, and the nonprofit computer networks like the
- Internet are providing the essential basis for changing the balance.
-
-
- * Professor of Law, University of Oregon
-