It has become very clear to us while working in the Environmental Justice Law Clinic that environmental law is not currently at the standard which is drastically needed in order to protect and preserve the environment in meaningful ways. The current laws fall short of true environmental protection and are mostly concerned with individual and private rights of which environmental protection is a by-product. 

For instance, cases we have worked on concerning granting planning permission for developments in biodiversity rich areas, installation of 5G masts, solar panels, recreational land use harmful to the environment, have shown us that there is very little room for public participation, particularly in the case of permitted developments and that there is a presumption in favour of development within the planning system. 

If there is no room for local knowledge and community voices, how can we expect that nature will be given a voice in the planning process? Although we entrust environmental protection to planning authorities, weak environmental laws and policies, underfunding and lack of care result in nature constantly being overlooked. 

Some cases we have worked on have focused on protecting biodiversity.  For example, a case regarding protecting migratory routes of toads has shown us a greater focus on nature protection. The clients in the toad’s case, acting on behalf of nature, self-funded road closures along an ancient migratory route for the local toad population. Their altruism saves the lives of thousands of toads every year.  They work alongside their local council to use traffic laws for the purpose of environmental protection although they continue to encounter challenges, yet their commitment has led to protection for the toads. 

We see that the growing global movement in relation to Rights of Nature offers a way forward to provide better access to justice to nature (ecosystems, individual species, rivers, mountains). Through recognising nature as a subjects capable of bearing rights, including legal rights rather than as objects/resources to be exploited. The UK remains very disconnected from nature compared to countries such as Ecuador who have Right of Nature enshrined in their constitution, yet, some progress is being made. For example, Lewes District Council recently passed a motion that marks the first step towards creating a Rights of River Ouse Charter with partner organisations to secure the river’s health and its right to be pollution-free. Adopting a Rights of Nature Act and changing people’s perceptions of nature could help solve problems that we have experienced in relation to environmental protection.