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The Guardian - UK
The Guardian - UK
Environment
Samira Shackle

‘All other avenues have been exhausted’: Is legal action the only way to save the planet?

The Los Cedros forest, Ecuador.
The Los Cedros forest, Ecuador. Photograph: Minden Pictures/Alamy

In November 2024, Monica Feria-Tinta, a veteran of UN tribunals and the international criminal court, strode through a heavy black door into a Georgian building in London’s august legal district for a meeting about a tree in Southend. Affectionately known as Chester, the 150-year-old plane tree towers over a bus shelter in the centre of the Essex seaside town. The council wanted to cut it down and residents were fighting back – but they were running out of options. Katy Treverton, a local campaigner, had travelled from Southend to ask Feria-Tinta’s legal advice. “Chester is one of the last trees left in this part of Southend,” said Treverton, sitting at a large table in an airy meeting room. “Losing him would be losing part of the city’s identity.”

Feria-Tinta nodded, deep-red fingernails clattering on her laptop as she typed. She paused and looked up. “Are we entitled to nature? Is that a human right? I would say yes. It’s not an easy argument, but it’s a valid one.” She recommended going to the council with hard data about the impact of trees on health, and how removing the tree could violate the rights of an economically deprived community. Recent rulings in the European court of human rights, she added, reinforced the notion that the state has obligations on the climate crisis. This set a legal precedent that could help residents defend their single tree in Southend. “It isn’t just a tree,” said Feria-Tinta. “More than that is at stake: a principle.”

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