Climate on Trial: The Heat of Law Amidst Climate Injustice

Written by Lorraine Christine Santos /THE RED CHRONICLES
Layout by Lynden Alyanna Valenzuela/THE RED CHRONICLES

Filipinos are no strangers to sunshine and tropical climate. We grew up embracing sun-kissed days and spending our childhood outdoors – this was the essence of summer. But the warmth that once defined vibrance and carefree vacations now feels cruel. The scorching heat has increasingly posed challenges to health, routines, and the environment. This year, the heat seems to have cranked up a notch, as if nature is tapping us by the shoulders, reminding us that the climate is changing for the worse and begging for solutions. What was once a nostalgic season has become a formidable foe.

Justice is an overlooked dimension of the climate crisis. Legal frameworks may be used as leverage to hold polluters accountable for their actions while marginalized communities are empowered to have a voice in the issue. By weaving the threads of law, justice and environmental actions, we are opening the door to a sustainable future.

On a global scale, Governments and corporations are developing plans and programs to address the undeniable consequences of climate change. However, this also poses a critical question: Are these plans formulated to include the participation of ordinary citizens in the implementation? We need to delve into the possible shortcomings of climate solutions and explore the importance of public participation in climate action.

In his recent remarks, President Marcos declared that the Philippines and Australia have made good progress in their partnership toward the promotion of environmentally sustainable investment and exploration of mineral resources development and climate and energy transition.¹ However, in a recent global report by the World Bank, the study warns that climate-related impacts continue to adversely affect the agricultural productivity and livelihood of fisher folds in the Philippines.² We keep in mind that the success of government initiatives heavily relies on the support of legislators and the compliance of the public as well.

The Barrier of Legal Standing

There is a growing trend of climate litigation where citizens and other entities may sue the government for inaction on climate change. As early as 1972, the US Supreme Court ruled that environmental groups have the right to sue the government to protect public lands, including forests. In our own jurisdiction and court of justice, the landmark case of Oposa v. Factoran has become a significant piece of Philippine jurisprudence. This case was groundbreaking on its own where the petitioners included unborn generations as among those who deserve to enjoy the right to a healthy environment.³ Since then, the concept of intergenerational responsibility for environmental protection has been recognized and the legal standing for environmental lawsuits has been expanded.

When environmental cases are being heard before courts of justice, we are able to raise the states’ responsibilities to act on the climate crisis. Unfortunately, even with victories in court, the outcomes may not always translate to success. Powerful corporations continue to find loopholes or exploit lengthy judicial processes to delay and weaken the enforcement of court orders. The legal system is often reactive rather than preventive, hence the response often occurs after the damage has already occurred. Penalties may punish polluters, but they cannot undo the damage nor bring to life lost species. This is where climate justice is crucial – where the wealthy find respite in air-conditioned spaces while countless ordinary citizens and laborers toil away outdoors, battling against dehydration and exhaustion to earn an honest living. Comfort becomes a luxury.

In the Netherlands, climate activist Greta Thunberg was detained twice by police for protesting against fossil fuel subsidies.⁴ Fossil fuel subsidies provide financial benefits to the government by making oil, coal, and natural gas cheaper. However, this poses harm to the environment as lower prices encourage people to use more fossil fuels, leading to more greenhouse gas emissions. It also discourages the use of renewable energy sources like solar and wind.

In the Philippines, it was reported last year that two (2) indigenous activists advocating for Indigenous and land rights were killed by state security forces.⁵ There were reports that Philippine authorities are using threats and violence to intimidate Indigenous leaders and activists who oppose government-backed projects that potentially endanger their land and cultural heritage. The companies involved were allegedly working closely with the police and military, intimidating the indigenous people; these strip the latter of the protections of law because they may easily be tagged as terrorists over fabricated offenses.

Furthermore, the Philippines was tagged as “one of the most dangerous places in the world for environmental activists.”⁶ Many environment defenders are falsely imputed as communists solely for challenging the government on issues relating to environmental impacts and unjustified displacement of the indigenous people.

Environmental degradation and climate crisis are two sides of the same coin, never one without the other. Human activities tend to degrade the natural resources, and in turn, climate change worsens along with the environmental damage. Deforestation, land degradation, loss of biodiversity, melting glaciers, and pollution — we are the worst offenders causing the greatest threats to human rights of our time. We are also the witnesses of the biggest historical jumps in global temperatures and weather patterns.

From Words to Action

*Photos by Juris Le Compte/THE RED CHRONICLES*

The climate crisis requires legislative teeth. In the Philippines, a robust legal framework supporting environmental protection serves as the foundation for our right to a balanced and healthful ecology. In 1998, the Forestry Reform Act took effect for the conservation of the country’s forest lands and imposition of the responsibility upon communities to protect the same. Less than a year later, the Philippine Clean Air Act was enacted to set emission standards and regulate air pollutants.

Suing for Sunshine?

The Philippines is famous for its sunny shores and al fresco views. An idyllic tropical island, most people would describe. But lately, we’ve been skipping the outdoors due to relentless heat. While laws cannot control the weather, they enforce regulations to create a safer and healthier environment. A comprehensive climate action plan requires vision and ambition.

Urging the government to prioritize renewable energy sources will require more than petitions and demands. We must act collectively and decisively to build a more sustainable future. We need stronger labor laws to protect workers and advocate responsible business practices, updated building regulations to promote energy-efficient designs, and of course, effective compliance with environmental laws to mitigate the effects of climate change.

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