case study sample for environmental issues

Top 10 Sustainability Case Studies & Success Stories in 2024

During my academic research on corporate sustainability efforts, I realize that environmental and social practices have a significant impact on the long-term success of businesses. Some businesses outperform others in this area, giving them a competitive advantage.

See 10 sustainability case studies to incorporate sustainability strategies into corporate actions: 

1. UPS ORION: Improve transportation efficiency

Transportation activities accounted for almost 30% of US greenhouse gas emissions (GHG). 1 For a company like UPS, which distributes goods across regions, transportation activities make up the bulk of GHG emissions. As a result, enhancing transportation efficiency is crucial for organizations like UPS to remain sustainable.

As a solution, UPS adopted an AI system called ORION which is a route optimizer that aims to minimize the number of turns during the delivery. 2 Initiation began in 2012, and ORION saves UPS 10 million gallons of fuel per year, which means that in addition to the financial benefits, it decreases UPS’s carbon footprint by 100,000 metric tons per year, or the equivalent of removing more than 20,000 cars from the roads.(An average car emits 4.6 metric tons of GHG per year. 3 )

In addition to private solutions like ORION, there are public cloud route optimizer systems that businesses can deploy without building hardware. These tools help firms to use their software as a service by paying a subscription cost.

To learn more about ensuring supply chain sustainability with technology you can read Technologies Improving Supply Chain Sustainability .

Figure 2: US GHG emission distribution

Source: U.S Environmental Protection Agency 4

2. IKEA IWAY: Make business with ESG-oriented corporations

Supplier codes of conduct are established guidelines that require other businesses to demonstrate their operations’ social and environmental impacts. The objective is to reward companies that meet strong ESG standards. It is also one of the positive governance indications for organizations, as we highlighted in the ESG metrics article .

IWAY is the supplier code of conduct of IKEA forcing suppliers to meet certain environmental and humanitarian qualities to work with. 5 The initiative has been in place for over 20 years, and over that time, IKEA has refined it based on their prior experiences. IWAY six is the most recent version of IKEA’s supplier code of conduct, which evaluates:

• Core worker rights.
• Safety of the working place.
• Life-work balance of employees.
• Water and waste management of potential suppliers.
• Prevention of child labor. 

3. General Electric digital wind farm: Produce green energy efficiently

Wind turbine productivity varies greatly depending on the design, weather conditions, and geography of the location it is deployed. Using IoT and digital twins to collect data on each wind turbine and simulate possible modifications, such as adjusting the direction of the wind turbine, can assist corporations in locating their wind turbines in a wind farm more effectively.

Furthermore, the performance of wind turbines declines with time and may require maintenance; employing sensors and digital twins can assist in determining the appropriate time for repair.

Figure 3: How digital twins can optimize wind turbine productivity

Source: DNV 6

General Electric’s (GE) digital wind farms are based on these two elements. GE optimized turbines using sensors and digital twin real-time monitoring technologies. Each wind farm can create up to 10% more green energy as a result of the digital wind farm initiative, which helps to enhance our worldwide green energy mix. 7

4. Swire Properties green building: Minimize GHG emissions

Swire Properties is a construction company that operates in China and especially in the Hong Kong area. In 2018, the company built One Taikoo Place which is a green building that aims to reduce GHG emissions of Swire Properties in order to align with sustainability goals of the company’s stakeholders.

Swire properties use 3D modeling techniques to optimize the building’s energy efficiency. Reduce electricity consumption by using smart lighting systems with sunshine and motion sensors. 8 A biodiesel generation system has been installed in the building, which converts waste food oil into biodiesel. Swire Properties additionally uses low-carbon embedded materials and a lot of recycled materials in their construction. 9

Swire Properties was able to cut GHG emissions intensity throughout their portfolio by nearly 20% because of the usage of digital technologies and low carbon integrated materials. 10

5. H&M let’s close the gap: Deposit scheme for gathering raw material

In 2023, we consumed 1.8 times more resources than Earth generates annually because our economic outlook is based on production, use and disposal. 11 Such an economy is not sustainable and that is the reason why the concept of circular economy (CE) is trending nowadays.

The most basic principle of CE is to use trash as a raw material for production through innovation, recycling, or repairing and reusing existing products.

H&M’s “Let’s Close the Gap” project began in 2013 as a CE best practice that collects and categorizes discarded clothing from customers. 12 If the garment is in decent condition, they will restore it and find a new owner for it. If a garment reaches the end of its useful life, H&M will recycle it and reuse the material in new goods.

Customers who bring in their old clothes are rewarded with tokens that can be used to get a discount at H&M shops. Incentivizing customers creates a complete CE loop. In 2019, 57% of H&M’s raw materials were sustainable. By 2030, the company plans to improve it by 100 percent. 13

6. Gusto: Hiring female engineers to close gender inequality gap

Gender inequality remains a major social issue despite all the improvements. 14 There are two common types of gender disparity in the workplace. The first is gender pay disparity, which occurs when companies pay male employees more and provide better working conditions than female employees in the same position.

The second is occupational segregation, in which women are hired for non-technical jobs while men hold the majority of leadership roles. This was the situation at the software firm Gusto, where female engineers made up slightly more than 5% of the engineering team at the beginning of 2015. 15

Julia Lee, one of Gusto’s first female engineers, claimed that other engineers did not accept her ideas because she was a “female engineer.” Gusto initiated an HR drive to reduce gender inequality by prioritizing the recruitment of female engineers, prohibiting female workers from scrolling, and deleting masculine job ads like “ninja rock star coder.”

Gusto was able to improve its female engineer ratio to roughly 20% by the end of 2015 thanks to the campaign. 16 The average ratio among software businesses’ engineering teams was 12% in 2013. Therefore, this was a significant improvement in a short period of time.  

7. HSBC: ESG concerned green finance

Finance companies can help speed up the transition to sustainable business practices by supporting initiatives run by responsible businesses. HSBC has committed to investing $100 billion in sustainability projects by the end of 2025. 17 In 2021, HSBC’s ESG practices were rewarded with an AA rating by MSCI. 18

HSBC is also working toward a goal of using 100% renewable energy as their source of electricity by 2030. The company reduces its consumption of paper and single-use plastic packaging for coffee and beverages. 19

For more information about best ESG practices, you can read ESG Reporting Best Practices .

8. Signify light-as-a-service: Enhance production stewardship

The product-service system (PSS) is a business model in which producers acquire a product over its lifetime and rent or lease it to the users. PSS ensures product stewardship since the product always becomes the asset of the company. It encourages producers to provide high-quality, repairable items in order to extend the product’s useful life. As a result, it helps to close the circularity gap by ensuring better use of natural resources.

Signify, a luminaire producer, adopts such a business strategy where it demands a subscription fee according to the usage period of their lighting systems. Signify claims that PSS allows them to produce 0 luminaire waste and drops maintenance costs. 20

9. Airbus additive manufacturing: Manufacture lighter planes with 3D printing

Additive manufacturing is a process where a computer-aided design (CAD) file is converted into a stereolithography (STL) file, which is then sliced into layers to guide the 3D printing of an object. 21 AIMultiple expects that additive manufacturing will disrupt airplane manufacturing since:

• It speeds up the manufacturing of parts compared to traditional molding techniques.
• It is cheaper due to effective use of raw materials and time reduction of production.
• It enables the manufacturing of lighter parts by up to 45%, resulting in lighter planes that burn less fuel. 22 According to Airbus, additive manufacturing technology can reduce an A320 plane’s annual GHG emissions by around 465,000 metric tons, which is roughly the same as eliminating 100,000 automobiles from the road for a year.

To effectively use 3D printers, Airbus partnered with Materialise, a Belgium-based technology company that specialize in additive manufacturing. 23

For more information regarding improving corporate sustainability by digital transformation you can read Digital Technologies that Improve Corporate Sustainability .

10. Tata Power: Solar plants on the roofs

Rooftops offer a lot of empty space that can be used to install solar panels. Such initiatives have been taken in various parts of the world. Tata Power does it in India and generates green electricity by using idle places of buildings.

In 2021, Tata Power was able to spread their program throughout 90 Indian cities, producing 421 million watts of electricity, which is equivalent to nearly 40 thousand homes’ yearly electricity use in the US. 24 The average annual power usage for a residential utility customer in the US was 10,791 kWh in 2022. 25

We expect that in the near future, the cooperation between energy and construction companies will enhance the use of idle places in buildings in a more effective way. Such an industrial symbiosis reduces both sectors’ ESG risk.

For more information on the top carbon footprint calculators, check Carbon Footprint Calculator Software/Tools for Businesses .

To learn more about corporate sustainability you can contact with us:

External Links

• 1. Sources of Greenhouse Gas Emissions . United States Environmental Protection Agency. Accessed: 4/September/2024.
• 2. UPS To Enhance ORION With Continuous Delivery Route Optimization . UPS. Accessed: 4/September/2024.
• 3. Greenhouse Gas Emissions from a Typical Passenger Vehicle . United States Environmental Protection Agency. Accessed: 4/September/2024.
• 4. Sources of Greenhouse Gas Emissions . U.S Environmental Protection Agency. Accessed: 4/September/2024.
• 5. Creating a sustainable IKEA value chain with IWAY . IKEA. Accessed: 4/September/2024.
• 6. WindGEMINI Digital twin for wind turbine operations . DNV. Accessed: 4/September/2024.
• 7. Digital Wind Operations Optimization from GE Renewable Energy . General Electrics. Accessed: 4/September/2024.
• 8. Unlocking a sustainable future: Why digital solutions are the key to sustainable business transformation . Schneider Electric. Accessed: 4/September/2024.
• 9. One Taikoo Place . HKGBC. Accessed: 4/September/2024.
• 10. Unlocking a sustainable future: Why digital solutions are the key to sustainable business transformation . Schneider Electric. Accessed: 4/September/2024.
• 11. Earth Overshoot Day . Geneva Environment Network. Accessed: 3/September/2024.
• 12. The only trends worth following? Recycling and repairing . H&M. Accessed: 3/September/2024.
• 13. Faithful, M. H&M And IKEA Want Your Old Stuff Back, Here’s Why . Accessed: 4/September/2024.
• 14. Kelan, E. Why Aren’t We Making More Progress Towards Gender Equity? Accessed: 4/September/2024.
• 15. Adams, S. The Tech Unicorn That Went For Women Engineers: Here’s How It Worked Out . Forbes. Accessed: 4/September/2024.
• 16. Adams, S. The Tech Unicorn That Went For Women Engineers: Here’s How It Worked Out . Forbes. Accessed: 4/September/2024.
• 17. HSBC sets out net zero ambition . HSBC. Accessed: 2/September/2024.
• 18. Investing for a sustainable future . HSBC. Accessed: 4/September/2024.
• 19. HSBC sets out net zero ambition . HSBC. Accessed: 2/September/2024.
• 20. Green Switch Program . Signify. Accessed: 2/September/2024.
• 21. Wong, K. V., & Hernandez, A. (2012). A review of additive manufacturing. International scholarly research notices , 2012 (1), 208760.
• 22. Pioneering bionic 3D printing . Airbus. Accessed: 4/September/2024.
• 23. Bridging the gap with 3D printing . Airbus. Accessed: 4/September/2024.
• 24. Unlocking a sustainable future: Why digital solutions are the key to sustainable business transformation . Schneider Electric. Accessed: 4/September/2024.
• 25. How much electricity does an American home use? U.S. Energy Information Administration. Accessed: 4/September/2024.

Next to Read

Top 7 carbon footprint calculator software/tools of 2024, top 10 sustainability ai applications in 2024, 7 ways to improve your supply chain sustainability in 2024.

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A wonderful collection of case studies on corporate sustainability. I enjoyed the read. I am convicted to delve into promoting sustainability in Africa.

Hello, James! Thank you for your feedback. Awesome! That’s a great cause to pursue.

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Seven case studies in carbon and climate

Every part of the mosaic of Earth's surface — ocean and land, Arctic and tropics, forest and grassland — absorbs and releases carbon in a different way. Wild-card events such as massive wildfires and drought complicate the global picture even more. To better predict future climate, we need to understand how Earth's ecosystems will change as the climate warms and how extreme events will shape and interact with the future environment. Here are seven pressing concerns.

The Far North is warming twice as fast as the rest of Earth, on average. With a 5-year Arctic airborne observing campaign just wrapping up and a 10-year campaign just starting that will integrate airborne, satellite and surface measurements, NASA is using unprecedented resources to discover how the drastic changes in Arctic carbon are likely to influence our climatic future.

Wildfires have become common in the North. Because firefighting is so difficult in remote areas, many of these fires burn unchecked for months, throwing huge plumes of carbon into the atmosphere. A recent report found a nearly 10-fold increase in the number of large fires in the Arctic region over the last 50 years, and the total area burned by fires is increasing annually.

Organic carbon from plant and animal remains is preserved for millennia in frozen Arctic soil, too cold to decompose. Arctic soils known as permafrost contain more carbon than there is in Earth's atmosphere today. As the frozen landscape continues to thaw, the likelihood increases that not only fires but decomposition will create Arctic atmospheric emissions rivaling those of fossil fuels. The chemical form these emissions take — carbon dioxide or methane — will make a big difference in how much greenhouse warming they create.

Initial results from NASA's Carbon in Arctic Reservoirs Vulnerability Experiment (CARVE) airborne campaign have allayed concerns that large bursts of methane, a more potent greenhouse gas, are already being released from thawing Arctic soils. CARVE principal investigator Charles Miller of NASA's Jet Propulsion Laboratory (JPL), Pasadena, California, is looking forward to NASA's ABoVE field campaign (Arctic Boreal Vulnerability Experiment) to gain more insight. "CARVE just scratched the surface, compared to what ABoVE will do," Miller said.

Methane is the Billy the Kid of carbon-containing greenhouse gases: it does a lot of damage in a short life. There's much less of it in Earth's atmosphere than there is carbon dioxide, but molecule for molecule, it causes far more greenhouse warming than CO 2 does over its average 10-year life span in the atmosphere.

Methane is produced by bacteria that decompose organic material in damp places with little or no oxygen, such as freshwater marshes and the stomachs of cows. Currently, over half of atmospheric methane comes from human-related sources, such as livestock, rice farming, landfills and leaks of natural gas. Natural sources include termites and wetlands. Because of increasing human sources, the atmospheric concentration of methane has doubled in the last 200 years to a level not seen on our planet for 650,000 years.

Locating and measuring human emissions of methane are significant challenges. NASA's Carbon Monitoring System is funding several projects testing new technologies and techniques to improve our ability to monitor the colorless gas and help decision makers pinpoint sources of emissions. One project, led by Daniel Jacob of Harvard University, used satellite observations of methane to infer emissions over North America. The research found that human methane emissions in eastern Texas were 50 to 100 percent higher than previous estimates. "This study shows the potential of satellite observations to assess how methane emissions are changing," said Kevin Bowman, a JPL research scientist who was a coauthor of the study.

Tropical forests

Tropical forests are carbon storage heavyweights. The Amazon in South America alone absorbs a quarter of all carbon dioxide that ends up on land. Forests in Asia and Africa also do their part in "breathing in" as much carbon dioxide as possible and using it to grow.

However, there is evidence that tropical forests may be reaching some kind of limit to growth. While growth rates in temperate and boreal forests continue to increase, trees in the Amazon have been growing more slowly in recent years. They've also been dying sooner. That's partly because the forest was stressed by two severe droughts in 2005 and 2010 — so severe that the Amazon emitted more carbon overall than it absorbed during those years, due to increased fires and reduced growth. Those unprecedented droughts may have been only a foretaste of what is ahead, because models predict that droughts will increase in frequency and severity in the future.

In the past 40-50 years, the greatest threat to tropical rainforests has been not climate but humans, and here the news from the Amazon is better. Brazil has reduced Amazon deforestation in its territory by 60 to 70 percent since 2004, despite troubling increases in the last three years. According to Doug Morton, a scientist at NASA's Goddard Space Flight Center in Greenbelt, Maryland, further reductions may not make a marked difference in the global carbon budget. "No one wants to abandon efforts to preserve and protect the tropical forests," he said. "But doing that with the expectation that [it] is a meaningful way to address global greenhouse gas emissions has become less defensible."

In the last few years, Brazil's progress has left Indonesia the distinction of being the nation with the highest deforestation rate and also with the largest overall area of forest cleared in the world. Although Indonesia's forests are only a quarter to a fifth the extent of the Amazon, fires there emit massive amounts of carbon, because about half of the Indonesian forests grow on carbon-rich peat. A recent study estimated that this fall, daily greenhouse gas emissions from recent Indonesian fires regularly surpassed daily emissions from the entire United States.

Wildfires are natural and necessary for some forest ecosystems, keeping them healthy by fertilizing soil, clearing ground for young plants, and allowing species to germinate and reproduce. Like the carbon cycle itself, fires are being pushed out of their normal roles by climate change. Shorter winters and higher temperatures during the other seasons lead to drier vegetation and soils. Globally, fire seasons are almost 20 percent longer today, on average, than they were 35 years ago.

Currently, wildfires are estimated to spew 2 to 4 billion tons of carbon into the atmosphere each year on average — about half as much as is emitted by fossil fuel burning. Large as that number is, it's just the beginning of the impact of fires on the carbon cycle. As a burned forest regrows, decades will pass before it reaches its former levels of carbon absorption. If the area is cleared for agriculture, the croplands will never absorb as much carbon as the forest did.

As atmospheric carbon dioxide continues to increase and global temperatures warm, climate models show the threat of wildfires increasing throughout this century. In Earth's more arid regions like the U.S. West, rising temperatures will continue to dry out vegetation so fires start and burn more easily. In Arctic and boreal ecosystems, intense wildfires are burning not just the trees, but also the carbon-rich soil itself, accelerating the thaw of permafrost, and dumping even more carbon dioxide and methane into the atmosphere.

North American forests

With decades of Landsat satellite imagery at their fingertips, researchers can track changes to North American forests since the mid-1980s. A warming climate is making its presence known.

Through the North American Forest Dynamics project, and a dataset based on Landsat imagery released this earlier this month, researchers can track where tree cover is disappearing through logging, wildfires, windstorms, insect outbreaks, drought, mountaintop mining, and people clearing land for development and agriculture. Equally, they can see where forests are growing back over past logging projects, abandoned croplands and other previously disturbed areas.

"One takeaway from the project is how active U.S. forests are, and how young American forests are," said Jeff Masek of Goddard, one of the project’s principal investigators along with researchers from the University of Maryland and the U.S. Forest Service. In the Southeast, fast-growing tree farms illustrate a human influence on the forest life cycle. In the West, however, much of the forest disturbance is directly or indirectly tied to climate. Wildfires stretched across more acres in Alaska this year than they have in any other year in the satellite record. Insects and drought have turned green forests brown in the Rocky Mountains. In the Southwest, pinyon-juniper forests have died back due to drought.

Scientists are studying North American forests and the carbon they store with other remote sensing instruments. With radars and lidars, which measure height of vegetation from satellite or airborne platforms, they can calculate how much biomass — the total amount of plant material, like trunks, stems and leaves — these forests contain. Then, models looking at how fast forests are growing or shrinking can calculate carbon uptake and release into the atmosphere. An instrument planned to fly on the International Space Station (ISS), called the Global Ecosystem Dynamics Investigation (GEDI) lidar, will measure tree height from orbit, and a second ISS mission called the Ecosystem Spaceborne Thermal Radiometer Experiment on Space Station (ECOSTRESS) will monitor how forests are using water, an indicator of their carbon uptake during growth. Two other upcoming radar satellite missions (the NASA-ISRO SAR radar, or NISAR, and the European Space Agency’s BIOMASS radar) will provide even more complementary, comprehensive information on vegetation.

Ocean carbon absorption

When carbon-dioxide-rich air meets seawater containing less carbon dioxide, the greenhouse gas diffuses from the atmosphere into the ocean as irresistibly as a ball rolls downhill. Today, about a quarter of human-produced carbon dioxide emissions get absorbed into the ocean. Once the carbon is in the water, it can stay there for hundreds of years.

Warm, CO 2 -rich surface water flows in ocean currents to colder parts of the globe, releasing its heat along the way. In the polar regions, the now-cool water sinks several miles deep, carrying its carbon burden to the depths. Eventually, that same water wells up far away and returns carbon to the surface; but the entire trip is thought to take about a thousand years. In other words, water upwelling today dates from the Middle Ages – long before fossil fuel emissions.

That's good for the atmosphere, but the ocean pays a heavy price for absorbing so much carbon: acidification. Carbon dioxide reacts chemically with seawater to make the water more acidic. This fundamental change threatens many marine creatures. The chain of chemical reactions ends up reducing the amount of a particular form of carbon — the carbonate ion — that these organisms need to make shells and skeletons. Dubbed the “other carbon dioxide problem,” ocean acidification has potential impacts on millions of people who depend on the ocean for food and resources.

Phytoplankton

Microscopic, aquatic plants called phytoplankton are another way that ocean ecosystems absorb carbon dioxide emissions. Phytoplankton float with currents, consuming carbon dioxide as they grow. They are at the base of the ocean's food chain, eaten by tiny animals called zooplankton that are then consumed by larger species. When phytoplankton and zooplankton die, they may sink to the ocean floor, taking the carbon stored in their bodies with them.

Satellite instruments like the Moderate resolution Imaging Spectroradiometer (MODIS) on NASA's Terra and Aqua let us observe ocean color, which researchers can use to estimate abundance — more green equals more phytoplankton. But not all phytoplankton are equal. Some bigger species, like diatoms, need more nutrients in the surface waters. The bigger species also are generally heavier so more readily sink to the ocean floor.

As ocean currents change, however, the layers of surface water that have the right mix of sunlight, temperature and nutrients for phytoplankton to thrive are changing as well. “In the Northern Hemisphere, there’s a declining trend in phytoplankton,” said Cecile Rousseaux, an oceanographer with the Global Modeling and Assimilation Office at Goddard. She used models to determine that the decline at the highest latitudes was due to a decrease in abundance of diatoms. One future mission, the Pre-Aerosol, Clouds, and ocean Ecosystem (PACE) satellite, will use instruments designed to see shades of color in the ocean — and through that, allow scientists to better quantify different phytoplankton species.

In the Arctic, however, phytoplankton may be increasing due to climate change. The NASA-sponsored Impacts of Climate on the Eco-Systems and Chemistry of the Arctic Pacific Environment (ICESCAPE) expedition on a U.S. Coast Guard icebreaker in 2010 and 2011 found unprecedented phytoplankton blooms under about three feet (a meter) of sea ice off Alaska. Scientists think this unusually thin ice allows sunlight to filter down to the water, catalyzing plant blooms where they had never been observed before.

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Editor’s pick: 7 case studies on environmental cooperation

We know environmental changes and dwindling resources can lead to conflicts and inflame grievances among societal groups or even states dependant on nature. But how often do we speak about the role of environment as a catalyst for cooperation? In honour of this year’s World Environment Day, we bring to you 7 case studies in which the need to share a common environment and its resources has led adversaries to – despite hostilities and even ongoing conflict, and with the help of several resolution mechanisms – work in cooperation.

Turkey-Armenia: Water Cooperation Despite Tensions

Armenia and Turkey have been sharing the water of the Arpacay River – which forms the border between them – equitably, despite their lack of bilateral diplomatic relations. Before Armenia became independent in 1991, the former USSR had signed a number of treaties with Turkey over the Arpacay (or Akhourian) River. Although relations between Turkey and Armenia have been at an impasse since the 1990s, both countries have continued to implement the old treaties brokered before the collapse of the USSR and share the Arpacay River equitably to this day. 

DISCOVER THE CASE STUDY

Jordan and Israel: Tensions and Water Cooperation in the Middle-East

The rivers of the Jordan system all have a transboundary nature, a configuration which requires cooperation amongst all co-riparians to achieve sustainable water management. Yet the tensions which have prevailed between Israel and its Arab neighbours since 1948 have limited cooperation until today and at times escalated to war. However, one country, Jordan, distanced itself from the other Arab countries in the region and signed a peace agreement with Israel in which cooperation over water played an important role.

Transnational Conflict and Cooperation in the Lake Chad Basin

Since the beginning of the 2000s, growing claims of an urgent need to protect and restore Lake Chad have led the riparian states and the Lake Chad Basin Commission to engage in a number of joint water management initiatives with the support of a number of international organisations. These include a major project to transfer the waters of the Congo Basin (Oubangui) to Lake Chad in order to replenish the lake – the “Transaqua” project and a sustainable development programme for Lake Chad, which was launched in 2009. The Lake Chad Water Charter adopted in 2012 seeks to define water management and wetland management objectives based on shared concerns.

EU Influence on the Euphrates-Tigris Conflict

From the 1960s to the 1990s, tensions among the co-riparian states of the Euphrates-Tigris Basin hampered cooperation over the rivers. Since 1999, when Turkey was granted the status of candidate country for membership to the EU, the country started transposing and implementing the EU body of legislation, including the EU Water Framework Directive (WFD). The renewed cooperation which was observed among the three co-riparians in the 2000s reflects the influence of the WFD.

Lower Mekong Basin: Challenges and opportunities for early cooperation

To promote peace, regional cooperation, and development in the Lower Mekong Basin, the United Nations (UN) encouraged the creation of an intergovernmental agency for joint water management. In 1957, the Mekong Committee was created. After an initial period of enthusiasm, momentum began to subside during the 1970s. Nevertheless, the Mekong’s early institutional architecture provided a forum for dialogue that was sustained even in times of regional hostilities. It also laid the groundwork for contemporary Mekong governance in times of rapid development.

Transboundary Water Disagreements between South Africa and Namibia

Following the independence of Namibia in 1990, a number of water-related disagreements have emerged between the Orange River riparians South Africa and Namibia. These revolve around the demarcation of a common border, water allocation and water pricing, and the Lesotho Highlands Water Project (LHWP). Existing water scarcity in the lower Orange River Basin is likely to be further aggravated by the impacts of climate change. Despite the conflict potential harboured by existing disagreements, the basin’s high level of institutionalised cooperation and the possibilities for intra- and inter-basin water transfers could help alleviate water stress and resolve bilateral disagreement over shared water resources.

Iraq-Iran: from Water Dispute to War

The Shatt al-Arab River forms the boundaries between Iran and Iraq before flowing into the Persian Gulf. Due to its strategic importance for both Iraq and Iran, for centuries both countries have defended their sovereignty rights over the river. The Shatt al-Arab dispute was an important cause which led to the outbreak of the 1980-1988 war between Iraq and Iran. In recent years – and particularly since the beginning of the war in Syria –, relations between Iraq and Iran have majorly improved. This has been reflected on the Shatt-al Arab issue. In 2014, Iraq and Iran’s Prime Minister met to discuss how to delimit the river in a mutually acceptable way and to put an end to the status quo. Water-protection aspects took also a major space in the talks. Today both countries have restored bilateral diplomatic relations and reached agreements on a mutually satisfying delimitation of the river. They are also jointly working towards the protection of the river. 

130+ case studies on environment, conflict and cooperation

The Factbook is a knowledge platform that provides an overview of environmental conflict and cooperation from around the world. It does so by offering a select number of case studies that reflect instances of conflict, resolution and peacebuilding processes that are related to environmental change.

The Factbook seeks to help policy-makers, experts, researchers and any interested members of the public to better understand and compare the drivers behind environmental conflict and cooperation. The ultimate goal of this project is to contribute to the prevention and sustainable transformation of such conflicts using lessons learned from earlier (non-) interventions.

                Discover the ECC Factbook

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Case Studies: Environmental Science

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All Environmental Science Case Studies

How Failing in Science Helped Solve the Coho Salmon Mystery

By Meghan Ward, Krystal Nunes, Nicole Laliberté, Fiona Rawle

Suminoe Oysters Redux

By Matthew L. Simon

Forests for Lemurs

By Ariadna Mondragon-Botero, Susan M. Galatowitsch

A Long Recovery Road for Norrie

By Melissa S. Kosinski-Collins , Caitlin M. Hepps Keeney, Ariana L. Hinckley-Boltax 

The Name’s Bond, Chemical Bond

By Katie McShea, Kari Fleuriet, Fatmah Alamoudi, Deana Jaber

Does Jazmyne Need a New Chair?

By Melissa S. Kosinski-Collins , Ariana L. Hinckley-Boltax 

Can Birds “Keep Up” with Earlier Springs?

By Casey Youngflesh, John C. Withey

Nuff Nuff Wata

By Daniel Elias, Jadejah Robinson, Aazah Daniel

Environmental Disaster in Honolulu Harbor

By Prescott C. Ensign

If Only These Bones Could Talk

By Ashley E. Rhodes

Case Studies

The program’s portfolio of situational case studies presents narratives of real-life events and asks students to identify and analyze the relevant legal, social, business, ethical, and scientific issues involved. Playing the role of protagonist in each case study—such as a private attorney counseling a biotechnology company facing hazardous waste issues, or a federal official seeking to develop an effective fishery management plan—students formulate appropriate strategies for achieving workable solutions to conflicts, then discuss and debate their recommendations in class. This interactive approach to learning bolsters students’ acquisition of skills in critical areas: factual investigation, legal research, counseling, persuasive oral communication, and recognition and resolution of ethical dilemmas, to name a few.

The Stanford Law School Case Studies Collection is an exciting innovation in law school teaching designed to hone students’ problem-solving skills and stimulate creativity. The Collection includes situational case studies and interactive simulations (collectively referred to as “Case Materials”) that place students in the roles of lawyers and policy makers and teach fundamental lawyering skills such as investigating facts, counseling, and resolving ethical dilemmas.

In June of 1997 the  Environmental and Natural Resources Law Policy Program  hired an experienced environmental lawyer to develop “situational” case studies for use in classroom instruction to better prepare students for the practice of law in the real world. Most of the case studies have been field tested in the classroom and evaluated for effectiveness in increasing student mastery of fundamental lawyering skills and increasing student participation in classroom discussion. Feedback from students has been excellent. Stanford Law School plans to unveil case studies collections in the areas of Law and Business in the coming years.

You can use this site to download Case Materials for examination. With prior permission from Stanford Law School, instructors can also obtain copies of Case Materials they want to use in the classroom for free. This Case Studies Collection will be updated regularly as we add new Case Materials and revise existing Materials, so visit the site from time to time for new developments!

As used in our website, the phrase “case materials” refers to case studies and simulations, as well as accompanying exhibits and teaching notes. While both case studies and simulations can be used as tools in the “case study teaching method,” they are different in form and manner of use. A case study is a narrative that recounts the factual history of an event or series of events. It is typically used as the basis for in-class analysis and discussion. A simulation is a set of facts, roles and rules that establishes the framework for an in-class participatory exercise.

Research has shown that existing law school teaching methods and curricula do not adequately teach students the full complement of “lawyering” skills they need to competently practice law. The traditional appellate case method assumes that a problem has reached a point where litigation is the only alternative, and presents students with a scenario in which all relevant issues have been identified, the questions of law narrowly focused, and the questions of fact resolved. Skills-oriented courses and clinical programs (such as law clinics and externships) have made significant contributions to law schools’9 ability to teach lawyering skills. Their reach, however, has been limited by a combination of factors, including their high cost and the relatively few law students who actually take advantage of these programs.

While we do not envision the case study method displacing the appellate case method or clinical programs, we do believe that the case method can be used in conjunction with existing teaching methods to add considerable educational value. Case studies and simulations immerse students in real-world problems and situations, requiring them to grapple with the vagaries and complexities of these problems in a relatively risk-free environment – the classroom.

Incorporation of case studies and simulations into environmental law school curriculums can bolster student skill acquisition in the critical areas listed below. Based on a 1990-1991 American Bar Association questionnaire, the MacCrate Task Force concluded that traditional law school curricula and teaching methods fall short in teaching these fundamental lawyering skills:

• problem solving
• legal research
• factual investigation
• persuasive oral communications
• negotiation
• recognizing and resolving ethical dilemmas
• organization and management of legal work

The case study teaching method is adapted from the case method developed and used successfully for many years by the nation’s leading business schools. The method uses a narrative of actual events to teach and hone the skills students need to competently practice law. Students identify for themselves the relevant legal, social, business, and scientific issues presented, and identify appropriate responses regarding those issues. Suggested questions for class discussion are prepared in connection with each case study, itself the product of long, probing interviews of the people involved in the actual events. These narratives, or case studies, may be long or short, and portray emotion, character, setting and dialogue. Students present their thoughts on key issues during class discussion, usually from the viewpoint of the key protagonist in the case study.

Simulations are typically used to reinforce and synthesize concepts, skills and substantive law already covered in a course. The simulations are designed for limited instructor and maximum student involvement during the exercise itself. However, once the exercise has drawn to a close, ample time should be allotted for a debriefing session. During the debriefing, instructors and students can engage in a candid discussion of the relative effectiveness of different approaches used during the simulation, clear up any lingering questions about substantive issues, and probe ethical and/or policy issues raised by the simulation.

Requesting Permission to Copy or to Use Materials

Send your request for permission to use or copy Case Materials to  [email protected] . To assist us in reviewing such requests and tracking the actual use of our Case Materials, please provide a description of the course (of up to 500 words) for which the Case Materials will be used. In addition, please include a brief description of the kind of course for which the Case Materials are intended, including:

• Whether the course is an elective or required course, undergraduate, graduate, or continuing education.
• The nature of the academic program and institution in which the course will be taught, such as law school, business school, Earth Sciences department, public interest law firm, etc.
• The number of times the course has been offered.
• Expected enrollment for the course.
• The history of the course’s development.

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Why case studies? We believe that exploring and discussing these real-life scenarios can benefit not only people already working in EE, but also future educators. They’re a natural fit for professional development workshops and online seminars. And they can add authenticity to university courses with engaging approaches to topics as wide-ranging as economics, public health, and environmental justice. Many of the case studies can also be adapted for use with high school students. Whatever your own focus, we hope this collection sparks new ideas for how you can bring the issues of our time to life in ways that resonate, engage, and motivate. 

Be sure to also explore our GEEP's case study e-book, Environmental Education in Action: Learning from Case Studies Around the World , which introduces case studies as a valuable learning tool and dives into key topics in environmental education.

GEEP case study e-book

Select any UN Sustainable Development Goal in the filter below to view relevant case studies.

Dusky Langur Conservation Through Environmental Education and Citizen Science in Penang, Malaysia

Langur Project Penang (LPP) is a citizen science-based dusky langur (Trachypithecus obscurus) outreach and conservation project in Penang, Malaysia.

Resource type Case Study

Latin American Marine Educators Network: A Step Forward to Connect Marine Educators in Latin America and the Caribbean

A fundamental pillar in marine conservation is an informed community, including not only students and coastal inhabitants, but also decision-makers, journalists, and everybody who benefits from mar

Washington State Outdoor Preschool Pilot

In the state of Washington, quality early childhood education is in high demand, with more children in need of care and education than seats in classrooms.

BLAKE New Zealand Virtual Reality: Using Virtual Reality to Educate about New Zealand's Marine Environment

The health of our marine environment is in serious decline and facing significant environmental

Building Sustainable Communities through the U.S.-Taiwan Eco-Campus Partnership Program

The U.S.-Taiwan Eco-Campus Partnership Program (EPP) seeks to build a clean and healthy living environment to achieve the goal of sustainable communities. EPP’s main objectives include:

Popularizing an Environmental Education Project: A Case Study of the Eco-Picture Diary in Yokohama City, Japan

Yokohama City, one of the largest cities in Japan with a population of 3.75 million, has confronted solid waste management challenges since the early 2000s when its garbage dumpsites were fil

Rocking the Boat: Using Environmental Education to Promote Positive Youth Development

Rocking the Boat works with high school students, beginning in the 9th grade, after school and during the summer through courses in one of three disciplines: Wooden Boatbuilding, Environ

This Is Indigenous Land: An Indigenous Land-Based Approach to Climate Change Education

The Land and Water Program, coordinated through the University of Manitoba’s Community Engaged Learning department, is an Indigenous land-based climate change education program that brings together

Voices of Nature: Inspiring Creativity, Curiosity, and a Connection to Nature for Biodiversity Conservation

Voces de la Naturaleza is the environmental education branch of Fundación Para La Tierra, a conservation NGO working to protect the threatened ecosystems of Paraguay through three interwoven pillar

Building Capacity for Sustainable Action through Inquiry, Experiential Learning, and Collaboration: Student Action for a Sustainable Future

The Student Action for a Sustainable Future partnership includes formal educators, nonformal educators, local government, and community based organizations.

Spreading Climate Change Literacy on Wheels: Science Express Climate Action Special

The Science Express, a 16-car train, was developed in 2007 to bring environmental education exhibitions to audiences across India.

Education for Conservation

Over 40 years ago, Zoos Victoria designed an education model that consisted of up to 20 school classes rotating through a specially designated area of the zoo, affectionately known as the Zoo Schoo

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A Case Study of Environmental Injustice: The Failure in Flint

Carla campbell.

1 Department of Public Health Sciences, Room 408, College of Health Sciences, University of Texas at El Paso, 500 W. University Ave, El Paso, TX 79968, USA

Rachael Greenberg

2 National Nurse-led Care Consortium (NNCC), Philadelphia, PA 19102, USA; su.ccnn@grebneergr

Deepa Mankikar

3 Research and Evaluation Group, Public Health Management Corporation, Philadelphia, PA 19102, USA; gro.cmhp@rakiknamd

Ronald D. Ross

4 Occupational and Environmental Medicine Consultant, Las Cruces, NM 88001, USA; [email protected]

The failure by the city of Flint, Michigan to properly treat its municipal water system after a change in the source of water, has resulted in elevated lead levels in the city’s water and an increase in city children’s blood lead levels. Lead exposure in young children can lead to decrements in intelligence, development, behavior, attention and other neurological functions. This lack of ability to provide safe drinking water represents a failure to protect the public’s health at various governmental levels. This article describes how the tragedy happened, how low-income and minority populations are at particularly high risk for lead exposure and environmental injustice, and ways that we can move forward to prevent childhood lead exposure and lead poisoning, as well as prevent future Flint-like exposure events from occurring. Control of the manufacture and use of toxic chemicals to prevent adverse exposure to these substances is also discussed. Environmental injustice occurred throughout the Flint water contamination incident and there are lessons we can all learn from this debacle to move forward in promoting environmental justice.

1. Description of the Flint Water Crisis

At this point, most Americans have heard of the avoidable and abject failure of government on the local, state and federal level; environmental authorities; and water company officials to prevent the mass poisoning of hundreds of children and adults in Flint, Michigan from April 2014 to December 2015 [ 1 , 2 , 3 ]. One tends to imagine chemical poisoning as a victim dropping dead in a murder mystery, or the immediate casualties in an industrial accident or a chemical warfare attack. Unlike the release of methyl isocyanate gas in Bhopal, India in 1984 or the release of radiation with the radiation accident in Chernobyl, Ukraine in 1986, the poisoning of the population in Flint was an insidious one. People drinking the contaminated water would never have known they had elevated blood lead levels (BLLs) without specific medical testing for blood lead levels. In fact, if the water contamination had not been made public, most exposed children and their families would have never suspected they were being exposed over a 20-month period of time, and it would be expected that the water contamination and lead exposure would have continued up until today.

Lead can cause immediate acute poisoning but the subacute, moderate, long-term exposure impact of concern in Flint is more common, and much more insidious. Any resulting behavioral disturbance or loss of intellectual function would probably not been have linked by their physicians or families to lead poisoning, and instead accepted as something that had just occurred. Additionally, the adverse effects from this event may take years to surface as most negative health effects from low-level lead exposure develop slowly [ 4 ]. Hypertension and kidney damage may not present until long after the exposure. Any resulting behavioral disturbance or loss of intellectual function would probably have not been linked by their physicians or families to lead poisoning, and instead accepted as something that had just occurred.

The Flint disaster was due to the switch in water supply from Lake Huron to the Flint River, which was then not treated with an anti-corrosion chemical to prevent lead particles and solubilized lead from being released from the interior of water pipes, particularly those from lead service lines or those with lead solder. This water was known to be very corrosive, so corrosive that, in fact, it was not used by the nearby auto industry [ 2 ]. The General Motors plant switched to water from the neighboring Flint Township when General Motors noticed rust spots on newly machined parts [ 2 ]. This corrosive new water supply was then not treated with the anti-corrosion treatment, in noncompliance with the Environmental Protection Agency’s (EPA) Lead and Copper Rule, which calls for action when a water supply is found to be corrosive to prevent the potential release of metals from water service lines [ 5 ].

A national water expert, Dr. Marc Edwards, a professor of civil and environmental engineering at Virginia Tech University, has stated that the published instructions by EPA for collection of water samples for lead analysis were biased in the direction of underestimating the lead content of the water samples. He had spent years communicating this problem to EPA without a subsequent change in these instructions [ 6 ]. Dr. Edwards testified before Congress in spring 2016 that the Regional EPA Administrator was not alert to what was happening in Flint. Dr. Edwards also published papers previously bringing to the public attention the lead contamination of drinking water in Washington, DC. After Washington, DC made a change in its water disinfectant from chlorine to chloramine, residents were exposed to water with high levels of lead (140 ppb and above) from 2001 to 2004 [ 7 , 8 ]. This resulted in an increase of blood lead levels in young children (many from high-risk neighborhoods) of four times the amount that it was prior to the change in water disinfectant [ 7 , 8 ]. Dr. Edwards was a key player in ensuring that this issue was brought to light and those responsible parties were held accountable [ 9 ]. For comparison, the EPA standard for maximum contaminant level for lead in water is 15 ppb [ 5 ].

Regarding the Flint, Michigan water contamination incident, Dr. Mona Hanna-Attisha, a local pediatrician, performed a study looking at blood lead levels (BLLs) from Flint children from 2013 (before the water change) to 2015 (after the water change), assessing the percentage of BLLs over the Centers for Disease Control and Prevention (CDC) reference level of 5 µg/dL, reviewing water levels in Flint, and identifying geographical locations of blood and water levels using geospatial analysis. Her study demonstrated that the level of elevated blood lead levels (above 5 µg/dL) in a group of Flint children almost doubled between levels collected prior to the change in water source and afterwards; among children living in the area with highest water lead levels the percentage with elevated BLLs was approximately three times higher when compared to pre-diversion levels (4% versus 10.6%) [ 10 ]. These are extraordinary changes! (The specific blood lead levels or even range of BLLs was not reported in the article.) Unfortunately, many children in Flint already had multiple risk factors for lead poisoning, including “poor nutrition, concentrated poverty, and older housing stock” [ 10 ].

2. Elevated Blood Lead Levels in US Children and the Adverse Health Impacts and Costs of Exposure

Lead exposure in young children can lead to decrements in intelligence, development, behavior, attention, and other neurological functions. Two giants in childhood lead poisoning research and advocacy, Dr. Philip Landrigan and Dr. David Bellinger, summarize the adverse effects of lead very completely, yet succinctly: “Lead is a devastating poison. It damages children’s brains, erodes intelligence, diminishes creativity and the ability to weigh consequences and make good decisions, impairs language skills, shortens attention span, and predisposes to hyperactive and aggressive behavior. Lead exposure in early childhood is linked to later increased risk for dyslexia and school failure.” [ 11 ] Other articles and reports have also confirmed these adverse effects [ 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 ].

Therefore, it is important to determine the extent of the problem of elevated blood lead levels in U.S. children. Currently, based on data from the National Health and Nutrition Examination Survey (NHANES) from 2003 to 2012, 3.24% of children overall aged 1–5 years had a BLL > 5 µg/dL, compared with 7.8% of non-Hispanic Black (NHB) children [ 21 ]. Males had higher adjusted BLLs than females, and a higher poverty income ratio was associated with lower adjusted blood lead levels. Adjusted BLLs increased in renter-occupied (as opposed to owner-occupied) homes and with an increase in the numbers of smokers inside the home [ 21 ]. A previous analysis by Dixon et al. [ 22 ] of NHANES data from 1999 to 2004 found that BLLs were affected by the levels of lead in the floor and the condition of and surface type of the floor; that non-Hispanic Black children had higher BLLs than non-Hispanic white (NHW) children; that Mexican-born children had higher BLLs than those born in the U.S.; that houses built before 1940 were associated with children with higher BLLs; that children living in houses with a smoker had higher BLLs than those living with non-smokers; and that the odds of NHB children having BLLs > 5 µg/dL and > 10 µg/dL were more than double that of NHW children [ 21 , 22 ]. A recent report suggested that many children requiring blood lead testing due to Medicaid insurance status or state or city requirements for testing are not getting tested, and/or the results are not being properly followed up on [ 23 ].

The costs from lead poisoning are considerable, as are the cost savings for prevention of childhood lead poisoning. Attina and Trasande state that in the United States and Europe the lead-attributable economic costs have been estimated at $50.9 and $55 billion dollars, respectively [ 24 ]. Interestingly, they estimate a total cost of $977 billion of international dollars in low- and middle-income countries, with economic losses equal to $134.7 billion in Africa, $142.3 billion in Latin American and the Caribbean, and $699.9 billion in Asia, giving a total economic loss for these countries in the range of $728.6–$1,162.5 billion [ 24 ]. A previous analysis showed that each dollar invested in lead paint hazard control results in a return of $17–$221 or a net savings of $181–$269 billion for a specific cohort of children under six years of age as the benefits of BLL reduction would include categories such as health care, lifetime earnings, tax revenue, special education, attention deficit-hyperactivity disorder, and the direct costs of crime [ 25 ]. Another prior analysis estimated the economic benefits resulting from an historic lowering of children’s BLLs as measured by data from the National Health and Nutrition Examination Survey (NHANES) to be $110–$319 billion for each year’s cohort of 3.8 million two-year-old children, using a discounted lifetime earnings of $723,300 for each two-year-old child in 2000 dollars [ 26 ]. These estimated benefits were due to projected improvements in worker productivity due to increased intelligence quotient (I.Q.) points.

3. How the Flint Case and Other Examples Exhibit Environmental Injustice

Most affected by this egregious environmental disaster was a mostly poor and African-American population [ 27 ]. Some have speculated whether such an error in judgment might have occurred if a different population had been involved, and The New York Times uses the term racism in its editorial [ 27 ]. Another New York Times article talks of an analysis of emails from Governor Rick Snyder’s office that did not mention race but talked of costs involving Flint’s water supply, questioned scientific data regarding water contamination with lead, and mentioned uncertainties about the duties of state and local health officials [ 28 ]. It also mentions that some civil rights advocates were indicating that the Flint water crisis appeared to represent environmental racism [ 28 ]. The article goes on to discuss that the switch in water source was explicitly decided in favor of saving money for the financially unstable city of Flint, and that an emergency manager appointed by Gov. Snyder to carry out the running of the city was himself African-American [ 28 ]. One of Gov. Snyder’s key staff people sounded an alarm about the concern for lead in water, but the state health department responded back that the Flint water was safe [ 28 ].

The Flint Water Advisory Task Force, comprised of five experts in public health and water policy and convened by Governor Snyder, repeatedly stated in its findings that the Michigan Department of Environmental Quality (MDEQ) improperly and inaccurately described the Flint water as being safe, which unfortunately was then interpreted as accurate by other state agencies and city and county agencies [ 29 ]. The Task Force report also described the Flint water crisis as “a story of government failure, intransigence, unpreparedness, delay, inaction and environmental injustice”, and adds that the MDEQ failed in its responsibility to properly enforce drinking water regulations, while the Michigan Department of Health and Human Services (MDHHD) failed its mission to protect public health [ 29 ]. A recent article suggests these two agencies produced sampling data that were flawed, failed to provide accurate information to the Governor’s office, the EPA and the public, and did not respond appropriately when given information by environmental health and medical professionals [ 30 ]. The Task Force report also explains that state-appointed emergency managers replaced local decision-makers in Flint, thus removing “the checks and balances and public accountability that come with public decision-making” [ 29 ]. The group also credits the public and engaged Flint citizens with continuing to question government leadership (although the Task Force noted “callous and dismissive responses to citizens’ expressed concerns”), and the media for its investigative journalism of the crisis [ 29 ]. The Task Force’s conclusion was that “Flint water customers were needlessly and tragically exposed to toxic levels of lead and other hazards through mismanagement of their drinking water supply” [ 29 ]. The Flint Water Advisory Task Force suggests that the Michigan governor should issue an executive order to mandate training and guidance on environmental justice across all state agencies, with acknowledgement that the Flint crisis of water contamination is an example of environmental injustice which has fallen on a predominantly African-American community [ 29 ]. The Task Force issued 44 recommendations to remedy the results of the failure of proper governance and resultant lead poisoning [ 29 , 30 ].

Many have spoken out about this environmental injustice, including research scientists and clinicians [ 11 , 31 , 32 , 33 ] and public health professionals [ 34 ]. Even the EPA administrator, Gina McCarthy, is speaking about how Michigan evaded the EPA regarding the Flint water crisis and how this type of disaster cannot happen elsewhere [ 34 , 35 ]. Dr. Robert Bullard, dean of the School of Public Health at Texas Southern University, calls the Flint water crisis—leading to lead exposure and poisoning with long delays in addressing the problem—a classic case of environmental racism [ 36 ]. “Environmental racism is real…so real that even having the facts, having the documentation and having the information has never been enough to provide equal protection for people of color and poor people” [ 37 ]. He continues, “It takes longer for the response and it takes longer for the recovery in communities of color and low-income communities.” [ 37 ] He explains that regional EPA officials and state officials in Michigan responded first with a cover-up, “and then defensively—either trying to avoid responsibility or minimizing the extent of the damage”, as contrasted with handling of other environmental problems in predominantly white communities [ 37 ]. An example is then given of government officials on all levels helping to clean up a spill of coal ash in Roane County, Tennessee, in a mostly white community [ 37 ]. A Democrat who represents Flint, Michigan, Representative Dan Kildee, called race “the single greatest determinant of what happened in Flint” [ 28 ]. What is the solution? Dr. Bullard suggests that real solutions will result when communities previously left out of decision-making are offered a seat at the table [ 31 ]. In order to stop unequal protection from environmental hazards, Dr. Bullard has come up with five principles he suggests government adopt to further environmental justice: “guaranteeing the right to environmental protection, preventing harm before it occurs, shifting the burden of proof to the polluters, obviating proof of intent to discriminate, and redressing existing inequities” [ 37 ]. Charles Lee, another author writing about environmental justice who worked in the Office of Environmental Justice at EPA, quotes a definition of the environment as “the place where we live, where we work, and where we play” [ 38 ]. He goes on to state that “environmental justice must be the starting point for achieving healthy people, homes, and communities” [ 38 ]. Lastly, the Flint Water Task Force elaborates on its finding of environmental injustice in the Flint case. “Environmental justice or injustice, therefore, is not about intent. Rather, it is about process and results—fair treatment, equal protection, and meaningful participation in neutral forums that honor human dignity…The facts of the Flint water crisis lead us to the inescapable conclusion that this is a case of environmental injustice. Flint residents, who are majority Black or African American and among the most impoverished of any metropolitan area in the United States, did not enjoy the same degree of protection from environmental and health hazards as that provided to other communities” [ 29 ].

The reader is referred to several references [ 1 , 2 , 3 ] for a more detailed timeline of the specific events and actions that occurred in Flint. The Flint Water Task Force report also provides a summary of its findings and recommendations, giving greater details on the specific events and actions during the switch in water supply [ 29 ]. Regardless of the motivations behind the water supply mismanagement, we must improve governmental safeguards and public health surveillance to strive to avoid such needless exposures to environmental toxicants in the future.

Another recent disaster, involving contamination of local water supplies, was that of the contamination of the Animas River in southern Colorado and northern New Mexico by mine waste from the Gold King Mine, leading to excessively high levels of some toxic elements metals including lead, arsenic and cadmium (all of these being toxic metals) [ 39 , 40 , 41 ]. The river water was subsequently off limits for agricultural use and closed for recreational use [ 39 , 42 ]. The Navajo Nation has recently expressed how difficult and problematic this poisoning of their drinking water source has been to this tribe, and that they have not been adequately reimbursed for the adverse impacts to their water source and way of life [ 43 , 44 ]. The Native American Rights Fund states that a source of clean and abundant water is hard to come by for many Native tribes and peoples and that many face health and developmental risks from environmental problems such as surface and groundwater contamination, hazardous waste disposal, illegal dumping, and mining wastes, all of which can contribute to poor quality of water [ 45 ]. As the Flint, the Navajo Nation, and the Native American Rights group exposures highlight, poor and minority communities are unfortunately too often exposed to poisonous chemicals in their neighborhoods and on their tribal lands, leading to environmental injustice [ 44 ].

Not only has the incident in Flint brought to light the contamination of Flint’s water system, it raises issues about local water supplies to towns and cities, and particularly to child care centers and school systems, around the nation [ 46 , 47 , 48 ]. This has caused our nation to focus on investigating for lead contamination in water supplies in other cities, particularly in school systems, child care centers and other places occupied by children [ 49 , 50 ]. A Huffington Post article states that the Flint water crisis has provided a wake-up call to the country with the “discovery” of poisoned water in many communities in the U.S., and that our water infrastructure is outdated and deteriorating, and that water sampling procedures for lead are also “dangerously” outdated, as they allow for 10% of the population to be exposed to levels over the EPA maximum contaminant level [ 51 ]. Some cities have been cited for their exemplary actions in keeping their city water supplies free from lead contamination [ 52 ].

Historically, the scientists in the companies that put lead in gasoline and lead in paint became aware of the dangers of those specific lead exposures, but it took much time to finally remove lead from these products; many counties banned the use of lead-based paint in residential housing before the U.S. did [ 53 , 54 ]. One author states, “Flint’s tragedy is shedding light on a health issue that’s been lurking in U.S. households for what seems like forever. But that demands the question: Why has lead poisoning never really been treated like what it is—the longest-lasting childhood-health epidemic in U.S. history?” [ 55 ]. Bliss then goes on to describe how when in the 1950s, when “millions of children had had been chronically or acutely exposed (to lead)” and this had been linked to health problems, that “If the lead industry had stepped up then (or if it had been forced to by government)”, maybe lead poisoning would have been treated like any other major childhood disease—polio, for example. In the 1950s, “Fewer than sixty thousand new cases of polio per year created a near-panic among American parents and a national mobilization that led to vaccination campaigns that virtually wiped out the disease within a decade”, write Rosner and Markowitz [ 56 ]. “With lead poisoning, the industry and federal government could have mobilized together to systemically detoxify the nation’s lead-infested housing stock, and end the epidemic right there” [ 55 ]. Bliss then goes on to describe how “the industry’s powerful leaders diverted the attention of health officials away from their products, and toward class and race” by associating childhood lead poisoning with that of a child “with ‘ignorant’ parents living in ‘slums’” [ 55 ]. Bliss goes on to state that “lead poisoning in children can be eradicated…Today the cost of detoxifying the entire nation hovers around $1 trillion, says Rosner. Any federal effort to systematically identify and remove lead from infested households would be complex, decades-long, and require ongoing policy reform. ‘But it’s also saving a next generation of children,’ Rosner says. ‘You’re actually going to stop these kids from being poisoned. And isn’t that worth something?’” [ 56 ]. “And Rosner is a tiny bit hopeful. Amid national conversation about economic inequality, a housing crisis, and the value of black and Latino lives, the attention that Flint has brought to lead might usher in the country’s first comprehensive lead-poisoning prevention program” [ 56 ].

With the information about lead contamination in Flint and many cities around the country, one might wonder whether there is a dearth of information or recommendations about how to prevent and manage childhood lead poisoning. There is not. Many authors have weighed in on this question recently [ 11 , 12 , 13 , 15 , 17 , 19 , 57 , 58 , 59 , 60 , 61 , 62 ], some with very specific plans and ideas. Primary prevention of lead exposure has been particularly emphasized in almost all of them. Landrigan and Bellinger compel us to “map the sources of lead, get the lead out, and make sure there is no new lead” [ 11 ]. Jacobs and colleagues at the National Center for Healthy Housing have started a campaign for lead exposure detection and lead poisoning prevention based on these three principles: “find it, fix it, and fund it” [ 33 ]. Some call for revised standards for lead in air, house dust, soil and water [ 12 , 61 , 62 , 63 ]. The chief causes of lead exposure are nicely summarized by Levin and colleagues [ 64 ]. Unfortunately, childhood lead poisoning prevention is often deemed to be not important enough to work on, with other pressing medical and public health problems intervening; it is also complicated, complex and involves many stakeholders. Thus, the clinicians, government officials, and public health officials looking for a quick fix and a one-prescription answer to this medical problem are often disappointed and discouraged.

Concern about the neurotoxic effects of lead has been expanded now to include the neurotoxic effects of many more new chemicals out in use by the American public, including children. Children are exposed to chemicals in their everyday lives, as these are found in toys, children’s products, personal care items such as shampoos and skin creams, on foods in the form of pesticide residues, and in the air in the form of air pollutants. Some authors have weighed in on the need for more control of the manufacture and use of these toxicants and for more research into adverse health effects [ 31 , 65 , 66 ]. In 2015, a unique group of research scientists, clinicians, government representatives, and health care advocates met to form the Project TENDR (Targeting Environmental Neurodevelopmental Risks) which focuses on engendering action to prevent exposure of fetuses, infants and children to environmental toxicants [ 67 ]. The group has created a list of five chemical classes of neurotoxins which have adverse effects on brain development. The list includes lead, specific air pollutants, organophosphate pesticides, phthalates, and polybrominated diphenyl ethers (PBDEs), which are flame retardants. These were selected based on the degree of evidence for their adverse effects and the ability of this group and other scientists, clinicians, government officials, and advocates to work effectively to prevent exposures to these toxicants. Project TENDR has recently released a consensus statement with many signatures of both individuals and groups [ 67 , 68 , 69 ], as well as other articles on the project’s work [ 70 ]. Later this year, the group will release specific recommendations for prevention of exposure to the five chemical groups. The recent passage of the Frank R. Lautenberg Chemical Safety for the 21st Century Act has been a welcome revision and updating of the Toxic Substances Control Act promulgated by EPA in 1976 [ 71 , 72 , 73 ]. This is a step in right direction for better control of exposures to lead and other toxic chemicals in our environment.

4. Future Directions: How to Move Toward Environmental Justice

How do we remedy the situation in Flint, Michigan, and prevent future episodes similar to the Flint and Navajo Nation disasters? The Flint Water Task Force recommends that the MDHHS establish a Flint Toxic Exposure Registry to follow-up on the children and adults who were residing in Flint from April 2014 until the present, and carry out more aggressive clinical and public health follow-up for all children with elevated BLLs in the state [ 29 ]. It also recommends that routine lead screening and appropriate follow-up occur in the children’s medical homes (with the primary care provider) [ 29 ]. Additionally, the Task Force recommends that the Genesee County Health Department improve follow-up of health concerns in cooperation with the MDHHS and City of Flint “to effect timely, comprehensive, and coordinated activity and ensure the best health outcomes for children and adults affected” [ 29 ]. Dr. Hanna-Attisha has established the Flint Child Health and Development Fund which will support children and their families to obtain the optimum health and development outcomes, early childhood education, access to a pediatric medical home, improved nutrition and integrated social services [ 6 ]. The Michigan State University (MSU)/Hurley Pediatric Public Health Initiative will assess, monitor, and intervene to increase children’s readiness to succeed in school by providing the above services, along with stimulating environments and parenting education [ 6 ]. This type of close follow-up has been recommended under the Flint Recovery and Remediation section of the Flint Water Task Force, as well as a recommendation to establish a dedicated subsidiary fund in the Michigan Health Endowment Fund for funding health-related services for Flint residents [ 29 ]. Therefore, local efforts will be taken to counteract the negative consequences of exposure to lead for Flint’s children. Several recent publications support the positive effects that enriched home environments can have on cognition and behavior in both human and animal studies [ 74 , 75 , 76 ].

Secondly, government agencies at the federal, state and local level and municipal authorities will need to improve their performance to ensure environmental justice, rather than contribute toward environmental injustice. This was mandated in an Executive Order by President William Clinton which requires all federal agencies to take action to ensure environmental justice [ 77 ]. The American Academy of Pediatrics provides a good starting point regarding childhood lead exposure prevention with their recommendation that “The US EPA and HUD should review their protocols for identifying and mitigating residential lead hazards (e.g., lead-based paint, dust, and soil) and lead-contaminated water from lead service lines or lead solder and revise downward the allowable levels of lead in house dust, soil, paint, and water to conform with the recognition that there are no safe levels of lead” [ 12 ]. They also give many other recommendations for government, as well as for pediatricians and other health care providers, for reducing and preventing children’s exposure to lead. Other groups, authors and reports have weighed in on what needs to be fixed and carried out, as indicated earlier in this article. As Bellinger puts it, “We know where the lead is, how people are exposed, and how it damages health. What we lack is the political will to do what should be done” [ 32 ].

Looking at the Flint case specifically, why was the water supply switched in Flint? The evidence seems to point to financial reasons for this. In Flint, state officials decided to save money without concern for providing environmental protections for a community at well-established increased risk. This is clear injustice in environmental protection to a low income and minority community. Why weren’t the corrosion control measures implemented? The Flint Water Task Force implicates various leadership groups, including the MDEQ, MDHHS, Michigan’s Governor’s Office, State-appointed Emergency Managers, the EPA, and City of Flint, although the MDEQ and EPA seem to share most culpability [ 29 ].

5. Conclusions

In short, this crisis was the result of failures on every level. We have presented various comments about how environmental racism and injustice played into this situation. Why were the concerns and complaints about water quality from a mostly African-American community not addressed? The facts presented demonstrate that environmental injustice is the major and underlying factor involved in the events in Flint. Having a state-appointed emergency manager in charge took away the normal communication the City of Flint might have had with its residents and constituents. The Flint Water Task Force has a list of 44 recommendations, mostly directed at the various agencies and offices involved, for improving the situation and preventing further problems [ 29 ]. Much of this involves recommending that these entities seek and follow expert advice, whether on water treatment techniques or protecting the public’s health [ 29 ]. It is also imperative to rebuild relationships with Flint’s community and respond to community needs in order to make real and lasting change. Perhaps putting the Flint situation under a microscopic analysis may prevent future episodes of such environmental injustice.

We must do a better job at moving forward and preventing environmental injustice; our future work is cut out for us.

Author Contributions

The concept of the paper was developed by all of the authors. Carla Campbell performed the lead writing. Rachael Greenberg, Deepa Mankikar and Ronald Ross contributed references, edited the paper, and contributed to the revisions. All authors reviewed the article and approved the final content.

Conflicts of Interest

The authors declare no conflict of interest.

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OECD Series on Testing and Assessment

Case study on the use of integrated approaches for testing and assessment (iata) for chronic toxicity and carcinogenicity of agrichemicals with exemplar case studies - ninth review cycle (2023).

This Series includes publications related to testing and assessment of chemicals; some of them support the development of OECD Test Guidelines (e.g. validation reports, guidance documents, detailed review papers).

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The objective of the Integrated Approaches for Testing and Assessment (IATA) Case Studies Project is to increase experience with the use of IATA by developing case studies which constitute examples of predictions that are fit for regulatory use. The aim of this project is to create common understanding of using novel methodologies and the generation of considerations/guidance stemming from these case studies. This case study was developed by the International Council on Animal Protection in OECD Programmes (ICAPO) to illustrate practical uses of IATA, and was submitted to the 2023 review cycle of the IATA Case Studies Project. The case study provides a framework to fulfil an IATA for chronic toxicity and carcinogenicity assessment through a weight of evidence (WoE)-based approach, in the absence of rodent cancer bioassays. The purpose of this IATA is to illustrate the use of the Rethinking Carcinogenicity Assessment for Agrichemicals Project (ReCAAP) framework, which is a scientific, WoE-based approach that allows the estimation of a Point of Departure (POD) for use in agrochemical risk assessment. To illustrate the use of the ReCAAP framework, two examples are presented in this IATA.

24 Sept 2024 167 pages English

https://doi.org/10.1787/c3b9ac37-en

Author(s): OECD

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• Case Studies

On this page:

Arkansas River, CO

Willimantic river, ct, little floyd river, ia, long creek, me, presumpscot river, me, groundhouse river, mn, bogue homo, ms, little scioto river, oh, touchet river, wa, lake washington, wa, clear fork watershed, wv, elk hills, ca (terrestrial), upper arkansas river, co (terrestrial), birds of prey (terrestrial).

These fourteen (14) case studies illustrate how assessors have developed and interpreted evidence to determine causes of biological impairments. They provide examples of how to organize an assessment report, analyze data, and present results. Most of the cases assess rivers and streams, but a few assess terrestrial ecosystems.

The process for identifying causes of biological impairments continues to improve. As a result you will note differences among the case studies. In some examples, comments have been inserted by the U.S. EPA editor or the authors. These comments are not meant to indicate errors in the analyses. Rather, they suggest alternative approaches that users may apply in future assessments.

The full list of case studies are listed in the box to the right. The dots displayed in the map below show the approximate locations of where these case studies occurred.

Many of the following links exit the EPA web site

This case study used several evidence lines to show that metal exposure impaired benthic macroinvertebrates.

Effect : Altered benthic invertebrate assemblage Sources : Mining wastes Probable causes : Mixed metals Report : Arkansas River Case Study: Using Strength of Evidence Analysis. p. 4-11 in U.S. EPA (2000) Stressor Identification Guidance Document . U.S. Environmental Protection Agency, Washington DC. EPA/822/B-00/025. Guidance, presentations, other : Clements WH (1994) Benthic invertebrate community responses to heavy metals in the Upper Arkansas River Basin, Colorado. Journal of the North American Benthological Society 13:30-44. Clements WH, Kiffney PM (1994) Integrated laboratory and field approach for assessing impacts of heavy metals at the Arkansas River, Colorado. Environmental Toxicology and Chemistry 13:397-404. Clements WH, Carlisle DM, Lazorchak JM, Johnson PC (2000) Heavy metals structure benthic communities in Colorado mountain streams. Ecological Applications 10:626-638. Kiffney PM, Clements WH (1994) Structural responses of benthic macroinvertebrate communities from different stream orders to zinc. Environmental Toxicology and Chemistry 13:389-395. Kiffney PM, Clements WH (1994) Effects of heavy metals on a macroinvertebrate assemblage from a Rocky Mountain stream in experimental microcosms. Journal of the North American Benthological Society 13:511-523. Nelson SM, Roline RA (1996) Recovery of a stream macroinvertebrate community from mine drainage disturbance. Hydrobiologia 339:73-84.

A screening assessment from a one-day workshop led to additional sampling. This sampling discovered an illicit toxic source, remediation of which led to improved aquatic life. This experience led the State to develop a causal assessment program. In turn, this program led the State to address impervious surface effects on stream condition.

Effect : Altered benthic invertebrate assemblage Sources : Impervious surfaces, upstream impoundments, concrete channels, waste water treatment facility, industrial outfalls Probable causes : Primarily a toxic effluent; secondarily sediment, altered food resources, increased temperature Report : Bellucci C, Hoffman G, Cormier S (2009) An Iterative Approach for Identifying the Causes of Reduced Benthic Macroinvertebrate Diversity in the Willimantic River, Connecticut . U.S. Environmental Protection Agency, Cincinnati, OH. EPA/600/R-08/144. TMDL : CTDEP (2001) Total Maximum Daily Load Analysis for the Upper Willimantic River (PDF) (16 pp, 382 K, About PDF ) . Connecticut Department of Environmental Protection, Stafford CT.

This case study illustrates the difficulties of assigning specific cause to biological impairment. Challenges included data collected in different ways, small discrimination between acceptable and impaired streams, and the presence of multiple stressors. This case study demonstrates several strategic techniques to address these challenges.

Effect : Altered fish and benthic invertebrate assemblages and a fish kill Sources : Row crop agriculture, hog production, wastewater treatment facility Probable causes : Primarily substrate alteration; secondarily nutrient enrichment and episodic toxic ammonia concentrations Manuscript : Haake DM, Wilton T, Krier K, Stewart AJ, Cormier SM (2010) Causal assessment of biological impairment in the Little Floyd River, Iowa, USA. Human and Ecological Risk Assessment 16(1):116-148. Report : Haake D, Wilton T, Krier K, Isenhart T, Paul J, Stewart A, Cormier S (2008) Stressor Identification in an Agricultural Watershed: Little Floyd River, Iowa .  U.S. Environmental Protection Agency, Cincinnati, OH. EPA/600/R 08/131. TMDL : IA DNR (2005) Total Maximum Daily Load For Sediment and Dissolved Oxygen, Little Floyd River, Sioux and O’Brien Counties, Iowa (PDF)   (32 pp, 378 K, About PDF ) . Iowa Department of Natural Resources, TMDL & Water Quality Assessment Section.

This detailed assessment illustrates the complexity of urban systems affected by many causes.

Effect : Altered benthic invertebrate assemblage, extirpated brook trout fishery Sources : Commercial and industrial area, airport, dairy Probable causes : Decreased dissolved oxygen, altered flow regime, decreased large woody debris, increased temperature and increased toxicity due to ionic strength Report : U.S. EPA (2007) Causal Analysis of Biological Impairment in Long Creek, a Sandy-Bottomed Stream in Coastal Southern Maine (Final Report) . U.S. Environmental Protection Agency, Washington DC. EPA/600/R-06/065F.

This is one of first two Stressor Identification case studies. The study was performed prior to development of the SI Guidance, and it informed guidance development. The weight of evidence was heavily influenced by the lack of co-occurrence of the effect with other candidate causes and by manipulations at a pulp mill on the Androscoggin River. Reductions in total suspended solids at the pulp mill led to recovery.

Effect : Altered benthic invertebrate assemblage Sources : Impoundment, paper and pulp mill Probable cause : Total suspended solids with floc Report : Presumpscot River, Maine. Ch. 6 in U.S. EPA (2000) Stressor Identification Guidance Document . U.S. Environmental Protection Agency, Washington DC. EPA/822/B-00/025. TMDL : U.S. EPA (1998) New England’s Review of the Presumpscott River TMDL Memo (PDF)   (12 pp, 14.1.Mb, About PDF ) . [Last accessed 02/03/10] Guidance, presentations, other : Presumpscot River Plan Steering Committee (2002) Cumulative Impacts to Environmental Conditions on the Presumpscot River and its Shorelands (PDF)  (DRAFT – As distributed at the June 2002 Public Meetings) (102 pp, 1.3 Mb, About PDF ) . [Last accessed 02/02/10]

This screening assessment was done during a two-and-a-half day workshop. Findings were used to mount a more extensive watershed-scale assessment with additional data collection. Results of the screening assessment were confirmed and additional causes were characterized. The State adopted the Stressor Identification process and developed their own guidance and training materials.

Effect : Altered benthic invertebrate assemblage Sources : Waste water treatment facility, agriculture Probable causes : Sediment, nutrients Report : Lane C, Cormier S (2004) Screening Level Causal Analysis and Assessment of an Impaired Reach of the Groundhouse River, Minnesota. U.S. Environmental Protection Agency, Cincinnati OH. TMDL : Minnesota Pollution Control Agency (2009) Groundhouse River Total Maximum Daily Loads for Fecal Coliform and Biota (Sediment) Impairments (PDF)   (377 pp, 9.3 Mb, About PDF ) .  [Last accessed 01/31/10]  Guidance, presentations, other :  Minnesota Pollution Control Agency (2009) Brown's Creek Impaired Biota TMDL - Stressor Identification  (229  pp, 1.9Mb, About PDF ) .[Last accessed 03/31/12]

This assessment was one of the first cases undertaken by the State. It resulted in the State's streamlined stressor identification process. The State performed more than 700 court-ordered causal assessments for total maximum daily load (TMDL) development. A standard candidate cause list and screening levels developed at the program's beginning increased assessment speeds.

Effect : Altered benthic invertebrate assemblage Sources : Forestry, agriculture, reservoir Probable causes : Primarily dissolved oxygen and altered food resources Report : Hicks M, Whittington K, Thomas J, Kurtz J, Stewart A, Suter GW II, Cormier S (2010) Causal Assessment of Biological Impairment in the Bogue Homo River, Mississippi Using the U.S. EPA's Stressor Identification Methodology . U.S. Environmental Protection Agency, Cincinnati OH. EPA/600/R-08/143. TMDL : MDEQ (2005) Phase 1: Total Maximum Daily Load Biological Impairment Due to Organic Enrichment/Low Dissolved Oxygen and Nutrients: The Bogue Homo River, Pascagoula Basin, Jones County, Mississippi (PDF)   (44 pp, 681 K, About PDF ) . Mississippi Department of Environmental Quality, Office of Pollution Control, Jackson MS. Guidance, presentations, other : MDEQ (2004) Draft Stressor Identification for the Bogue Homo River, Forrest and Perry Counties, Mississippi. Mississippi Department of Environmental Quality, Office of Pollution Control, Jackson MS.

This is one of the first two Stressor Identification case studies. In addition to the original case, alternate formats for organizing data are presented in CADDIS.

Effects : Altered fish and benthic invertebrate assemblages Sources : Channelized stream, creosote plant and treatment facility, industrial waste site, waste water treatment facilities Probable causes : Altered habitat, PAHs, metal and ammonia toxicity in different segments Manuscripts : Norton SB, Cormier SM, Suter GW II, Subramanian B, Lin ELC, Altfater D, Counts B (2002) Determining probable causes of ecological impairment in the Little Scioto River, Ohio, USA. Part 1: Listing candidate causes and analyzing evidence. Environmental Toxicology and Chemistry 21(6):1112-1124. Cormier SM, Norton SB, Suter GW II, Altfater D, Counts B (2002) Determining the causes of impairments in the Little Scioto River, Ohio. Part 2: Characterization of causes. Environmental Toxicology and Chemistry 21(6):1125-1137. Report : Little Scioto River, Ohio. Ch. 7 in U.S. EPA (2000) Stressor Identification Guidance Document . U.S. Environmental Protection Agency, Washington DC. EPA/822/B-00/025. Guidance, presentations, other : Ohio EPA (2008) Biological and Water Quality Study of the Little Scioto River (PDF) (59 pp, 1.04Mb, About PDF ). Ohio Environmental Protection Agency, Columbus OH. [Last accessed 02/02/10]

This screening causal assessment was a novel application of the Stressor Identification process for several reasons. It involved a long river stretch, in an arid watershed of the northwestern U.S. It also marked the first use of endangered salmonids as a Stressor Identification endpoint. Specific alteration of the invertebrate assemblage aided analysis.

Effect : Altered benthic invertebrate assemblages and extirpation of salmonids Sources : Wheat and irrigated agriculture, impoundments, logging, cattle raising Probable causes : Primarily water temperature and sedimentation; secondarily toxics, low dissolved oxygen, alkaline pH, reduced detritus, reduced flow and reduced habitat complexity Manuscript : Wiseman CD, LeMoine M, Cormier S (2010) Assessment of probable causes of reduced aquatic life in the Touchet River, Washington, USA. Human and Ecological Risk Assessment 16(1):87-115. Report : Wiseman CD, LeMoine M, Plotnikoff R, Diamond J, Stewart A, Cormier S (2009) Identification of Most Probable Stressors to Aquatic Life in the Touchet River, Washington . U.S. Environmental Protection Agency, Cincinnati OH. EPA/600/R 08/145. TMDL : Washington Department of Ecology. Walla Walla River Basin TMDL Water Quality Improvement Report (2007) and the Walla Walla Watershed TMDL Water Quality Implementation Plan (2008) with links to stressor-specific TMDLs. [Last accessed 05/27/18]  Guidance, presentations, other : Adams K (2010) Guidance for Stressor Identification of Biologically Impaired Aquatic Resources in Washington State . Washington State Department of Ecology, Olympia WA. Publication No. 10-03-036.

This is a brief synopsis of a historically important causal assessment of a eutrophic system. Evidence of world-wide consistency of association established general causality. Modeling was important in establishing specific causality.

Effect : Cyanobacteria blooms Sources : Waste water inputs Probable causes : Phosphorus Report : Lake Washington Case Study. p. 4-13 in U.S. EPA (2000) Stressor Identification Guidance Document .  U.S. Environmental Protection Agency, Washington DC. EPA/822/B-00/025. Guidance, presentations, other : Summarized from Lehman JT (1986) Control of eutrophication in Lake Washington: Case Study. pp. 301-316 in Ecological Knowledge and Environmental Problem-Solving: Concepts and Case Studies. National Academy Press, Washington DC.

This case addresses a moderately sized drainage with several tributaries. Stressor-response relationships derived from field data prior to the assessment provided the primary evidence.

Effect : Altered benthic invertebrate assemblage Sources : Mining, logging, agriculture, and residential development. Probable causes : Sulfate/conductivity, organic and nutrient enrichment, acid mine drainage, residual metals (particularly aluminum) at moderately acidic pH, excess sediment, and multiple stressors Report : Gerritsen J, Zheng L, Burton J, Boschen C, Wilkes S, Ludwig J, Cormier S (2010) Inferring Causes of Biological Impairment in the Clear Fork Watershed, West Virginia . U.S. Environmental Protection Agency, Office of Research and Development, National Center for Environmental Assessment, Cincinnati OH. EPA/600/R-08/146. TMDL : WVDEP (2006) Appendix 1. Clear Fork (PDF)   (14 pp, 372 K, About PDF ) in Total Maximum Daily Loads for Selected Streams in the Coal River Watershed, West Virginia. Prepared by Water Resources and TMDL Center, Tetra Tech, Inc., Charleston WV. Guidance, presentations, other : WVDEP (1997) An Ecological Assessment of the Coal River Watershed. West Virginia Department of Environmental Protection, Division of Water Resources, Watershed Assessment Program. Report number - 5050009 – 1997, pp. 93.

This case study deals with a contaminated terrestrial site and an endangered wildlife population. This study illustrates the importance of spatial and temporal scales of causes and effects. Based on mathematical modeling to link causes with population changes, it reverses a prior assessment’s findings.

Effect : Decline in abundance of the endangered San Joaquin Kit Fox Sources : Petroleum drilling, wastes, vehicles and drought Probable causes : Predation and accidents Report : U.S. EPA (2008) Analysis of the Causes of a Decline in the San Joaquin Kit Fox Population on the Elk Hills, Naval Petroleum Reserve #1, California . U.S. Environmental Protection Agency, Cincinnati OH. EPA/600/R-08/130.

This case study applied Stressor Identification to a highly mineralized area of the Colorado Rocky Mountains. Evaluated impairments were reduced vegetation, plant growth and species richness in meadows irrigated with Upper Arkansas River water. This study demonstrates aspects of the assessment process that may differ between aquatic and terrestrial systems.

Effect : Reduced plant growth and plant species richness Sources : Mining, smelting, agriculture Probable causes : Extrinsic metal with decreased pH (floodplain); extrinsic metal (irrigated meadows) Report : Kravitz M (2011) Stressor Identification (SI) at Contaminated Sites: Upper Arkansas River, Colorado . U.S. Environmental Protection Agency, Cincinnati OH. EPA/600/R-08/029.

This synopsis explains that the link between DDT and peregrine falcon decline was not initially recognized. The connection was made by re-examining the impairment description. Eventually it was recognized that the specific effect was reproductive failure due to eggshell thinning.

Effect : Decline of birds of prey Probable causes : DDT/DDE Report : Revisiting the Impairment in the Case of DDT. p. 5-2 in U.S. EPA (2000) Stressor Identification Guidance Document . U.S. Environmental Protection Agency, Washington DC. EPA/822/B-00/025. Guidance, presentations, other : Blus LJ, Henny CF (1997) Field studies on pesticides and birds: unexpected and unique relations. Ecological Applications 7:1125-1132.  Grier JW (1982) Ban of DDT and subsequent recovery of reproduction in bald eagles. Science 218:1232-1234.

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Resilient roads in challenging terrain: a case study of Siddhartha highway in Nepal

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• Published: 18 September 2024
• Volume 1 , article number  76 , ( 2024 )

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• Nishesh P. Chhetri 1 ,
• Rishav Jaiswal 2 &
• Rabina Poudel 1  

Nepal is a country known for its diverse and challenging topography, and it relies heavily on a robust road infrastructure network to connect its remote regions and urban centers. This study addresses the critical need for enhanced road safety and infrastructure resilience on the Siddhababa road section of the Siddhartha Highway, Nepal, notorious for its high accident rates and susceptibility to landslides. Given the road's strategic importance in connecting remote regions and its challenging topographical conditions, our research aimed to identify the most suitable pavement type to mitigate these issues. Through a detailed examination incorporating eight different soil tests, alongside evaluations of traffic loads, weather conditions, and existing pavement performance, we adopted a comparative analysis methodology to assess the viability of flexible versus rigid pavements within this unique context. Results revealed that the soil composition and environmental conditions of the Siddhababa section significantly influence pavement performance, with specific gravity, moisture content, and California Bearing Ratio (CBR) tests indicating a nuanced suitability for both pavement types under varying circumstances. Our analysis concluded that, despite the economic and staged reinforcement benefits of flexible pavements, the durability, safety, and maintenance considerations favor the adoption of rigid pavement for the Siddhababa road section. However, acknowledging the economic constraints, a hybrid approach is recommended, emphasizing rigid pavements for the most vulnerable sections and flexible pavements elsewhere. This study contributes to the pavement engineering field by providing a model for pavement type selection in mountainous regions, aiming to enhance road safety and durability amidst challenging environmental conditions.

Avoid common mistakes on your manuscript.

1 Introduction

Nepal's road infrastructure plays a pivotal role in its socio-economic development, connecting remote and rugged terrains with urban centers and facilitating trade, tourism, and access to education and healthcare. However, the country's diverse and challenging geographical conditions, characterized by mountainous regions, steep slopes, and seismic activity, pose significant challenges to road construction and maintenance. The rugged terrain not only complicates the design and construction process but also increases vulnerability to natural disasters such as landslides, floods, and earthquakes, which can severely impact road safety and durability [ 19 , 32 ]. These challenges underscore the importance of selecting appropriate pavement types that can withstand Nepal's unique environmental conditions and ensure reliable and safe road transportation.

The selection between flexible and rigid pavements is a critical decision in road construction that significantly affects the infrastructure's long-term performance, safety, and cost-effectiveness. The literature provides extensive insights into the advantages, challenges, and application contexts of both pavement types, drawing from experiences and studies conducted globally and within Nepal's unique topographical settings. Flexible pavements, composed of layers of materials with decreasing stiffness from the top (surface) layer down to the subgrade, flex under load, distributing stresses over a broader area of the subgrade. The studies by Laldintluanga et al. [ 23 ] and Rashid and Gupta [ 26 ] have underscored the cost-effectiveness and ease of repair of flexible pavements, particularly in developing countries with limited resources. However, the long-term performance of flexible pavements can be significantly affected by moisture infiltration, requiring effective drainage solutions to maintain their structural integrity and prevent premature failure [ 1 , 23 ]. Rigid pavements, primarily composed of Portland cement concrete, are characterized by their ability to distribute loads over a small area of the subgrade without significant bending or flexing. Their inherent strength and stiffness make them less dependent on the subgrade for structural support, offering superior durability and resistance to traffic loads and environmental conditions. According to Bansal [ 6 ] rigid pavements exhibit better performance in resisting deformation and cracking over time, making them a cost-effective solution in the long run despite their higher initial construction cost [ 4 , 6 ].

The environmental sustainability of pavement materials and construction methods has also become a significant consideration in pavement selection. Research by Papagiannakis and Masad [ 25 ] highlights the potential for both flexible and rigid pavements to incorporate recycled materials and innovative technologies to reduce their environmental impact. These considerations are particularly relevant in the context of Nepal's commitment to sustainable development and environmental conservation [ 25 , 28 ]. The design of pavements in mountainous regions like Nepal presents unique challenges, including variable weather conditions, steep gradients, and susceptibility to natural hazards. Shrestha et al. [ 30 ] conducted a multi-objective analysis of rural road networks in the hilly regions of Nepal, emphasizing the importance of integrating transportation research with local geographical and socio-economic factors [ 30 ]. Comparative studies in the Himalayan regions have shown that the choice between flexible and rigid pavements must consider factors such as slope stability, potential for seismic activity, and the need for regular maintenance [ 7 , 19 , 32 ]. The integration of geotechnical engineering principles with pavement design is essential to ensure the safety and reliability of road infrastructure in these challenging environments [ 16 , 29 ].

In response, this study aims to systematically evaluate the performance of different pavement types in the context of the Siddhababa road section to identify the most suitable pavement design that enhances safety and durability. Specifically, the study seeks to:

Conduct comprehensive soil tests to assess the subgrade conditions unique to the Siddhababa road section.

Compare the advantages and limitations of flexible and rigid pavements, considering the local environmental and traffic conditions.

Propose a pavement design that addresses the identified challenges, aiming to reduce accident rates and improve the longevity of the road infrastructure.

The significance of this study extends beyond the Siddhababa road section, offering valuable insights for the construction and maintenance of roads in similar mountainous terrains within Nepal and other countries with comparable geographical challenges. By providing evidence-based recommendations for pavement selection and design, this research contributes to the broader goal of enhancing road safety, reducing maintenance costs, and improving transportation efficiency in regions where road travel is fraught with risks due to natural and man-made factors. Ultimately, the study aims to support the development of more resilient and reliable road infrastructure, thereby supporting Nepal's ongoing efforts towards sustainable development and improved quality of life for its citizens.

2 Study area description

The Siddhartha Highway, constructed between 1964 and 1971, now handles 1250 commercial vehicles daily. The Siddhababa road section, part of the crucial Siddhartha Highway in Nepal, stretches for 3.5 km from Golpark in Butwal Sub Metropolitan City (ward no. 3) to Dobhan in Tinau Rural Municipality (ward no. 3), Palpa (see Fig.  1 ). It includes both flexible and rigid pavement segments and has undergone multiple emergency and periodic maintenance efforts. Maintenance has focused on patching and overlays, but the entire 3.5 km Siddhababa road section has not been fully reconstructed despite exceeding its service life. This segment is renowned not only for its vital role in connecting urban and rural locales but also for its challenging terrain that typifies Nepal's rugged landscape.

Geographical Map of Nepal showcasing Siddhababa road section [ 17 ]

The existing flexible pavements consist of a surface layer made of asphalt concrete (AC), typically 50 mm thick, a base layer of crushed stone aggregate, approximately 150 mm thick, and a sub-base layer of granular material, around 200 mm thick. The construction technique involved standard compaction and paving processes, but moisture infiltration and heavy traffic loads have led to significant deterioration. The existing rigid pavements feature concrete slabs with a thickness of 200 mm, laid over a base layer of compacted granular material, 150 mm thick. The joints are doweled, and the slabs are reinforced with steel mesh. The primary issues include faulting and cracking due to subgrade weakening and temperature-induced curling.

The road's geographical features include steep gradients and close proximity to the Tinau River valley, heightening the risk of landslides and erosion, particularly during the monsoon season. Climatically, the area is subject to a subtropical highland climate, with a pronounced wet season bringing heavy rainfall and a dry season marked by dust and potential water scarcity. Traffic along this road is diverse, encompassing local commuters, long-distance travelers, and heavy trucks, underscoring the need for a pavement design that can withstand such varied use while ensuring safety and efficiency.

Adding to the complexity of the Siddhababa road section is its cultural and environmental significance, highlighted by the presence of the Siddhababa Temple, a site of high ritual value that attracts pilgrims and increases pedestrian traffic. The existence of a perennial spring and additional seasonal springs along the road further influences its hydrological dynamics and the surrounding ecosystem. These factors together necessitate a multifaceted approach to road design and maintenance, one that considers the safety of both vehicular and pedestrian traffic, the preservation of cultural sites, and the mitigation of environmental impacts. This intricate blend of geographical, climatic, traffic, and cultural considerations makes the Siddhababa road section a compelling case study for developing resilient and sustainable road infrastructure in mountainous regions.

3 Soil testing and analysis

In this study, the soil in the location were tested to evaluate properties such as its grain size, specific gravity, density, direct shear resistance and Atterberg limits. For example, the grain size analysis helped determine soil gradation, essential for assessing drainage and stability, while the specific gravity and density tests provided insights into the soil's load-bearing and compaction capabilities. The direct shear and Atterberg limits tests revealed the soil's shear strength and plasticity, respectively, which are critical for assessing its suitability under different loading and environmental conditions.

3.1 Grain size analysis (sieve analysis):

This test is specified in IS 2720 (part 4) [ 10 ] this method involves passing a soil sample through a series of sieves with progressively smaller openings. The sieves are stacked in order of decreasing mesh size, from top to bottom. Samples were collected from various locations along the road section to ensure a representative analysis of the soil types present. These samples were taken from shallow depths of 0.5 to 1 m, as these depths are critical for understanding the properties of soils that directly support the pavement structure. This test is done to determine the soil gradation, which is crucial for assessing the soil's drainage capacity and stability as a base/subbase material. According to American Association of State Highway and Transportation Officials (AASHTO) soil classification [ 2 ], the soils were classified: Sample 1 as fine sand, Sample 2 & 4 was fine-grained soil with sand and sample 3 as coarse-grained soil with gravel which indicates good drainage characteristics, good stability and suitability for use in pavement layers with proper compaction.

3.2 Specific gravity test (pycnometer method)

This test is specified in IS 2720 (part 4) [ 10 ] which measures the ratio of the density of the soil solids to the density of water, using a pycnometer. Small, oven-dried soil samples were used to minimize moisture content's effect on the measurement. This test is done to assess the soil particles' density, affecting the soil's load-bearing capacity and compaction characteristics.

By using standard formula, G = (W2−W1)/(W2−W1)−(W3−W4), we found the average specific gravity was found to be 2.273 with range of 0.467 and standard deviation of 0.216 (from Table  1 ), suggesting that the soil particles are denser than many types of soils, which is favorable for providing a stable foundation.

3.3 Density test (optimum moisture content and maximum dry density):

The Density Test, specifically the Standard Proctor Test is specified in IS 2720-(Part 7) [ 9 ] plays a pivotal role in road construction and pavement foundation design by determining the soil's Optimum Moisture Content (OMC) and Maximum Dry Density (MDD). This test method involves compacting soil samples at varying moisture levels within a mold to identify the moisture content that allows the soil to reach its maximum density. In this test, soil sample is compacted in a mold with a rammer of 2.5 kg dropped at a height of 305 mm. in three layers, each of 50 mm. The results from the Density Test for the Siddhababa road section reveal varying OMC and MDD values across the four samples, with an average OMC of 12.265% with range of 2.28 and standard deviation of 0.998 and an average MDD of 1.809 g/cm 3 with range of 0.134 and standard deviation of 0.0565 (see Fig.  2 ). These values are within the ideal range for road construction i.e. (8 to 15% for OMC, 1.6 to 2.2 g/cm 3 for MDD from IS), which indicates that with proper compaction and moisture control, the soil can provide a stable and durable foundation for the pavement.

Optimum moisture content and maximum dry density of each sample

3.4 Direct shear test

The Direct Shear Test specified in IS 2720 (Part 13): 1986 [ 12 ] was employed to evaluate the shear strength properties of soil samples under varying conditions of normal stress. After trimming soil samples to 60 mm × 60 mm with a uniform 25 mm thickness, we align and stack shear box halves precisely. Normal stress of 0.5 kg/cm 2 , 1 kg/cm 2 , and 1.5 kg/cm 2 was applied through vertical load using a dead-weight system. Horizontal shear force is applied to the soil through the upper shear box, while measuring shear displacement with a dial gauge. The Direct Shear Test measures the maximum shear stress that soil can resist under a given normal stress, providing insights into its shear strength parameters, namely cohesion (C) and angle of internal friction (Φ). The area of the sampler was consistently set to 36 mm2 to ensure precise application of forces.

The Direct Shear Test results reveal a progressive increase in shear stress with settlement under each level of normal stress, indicating the soil's capacity to resist higher shear forces as compaction increases as seen in Fig.  3 . Notably, Sample 1 demonstrated significant shear strength, particularly under a normal stress of 1.5 kg/cm 2 , reaching a shear stress of 0.239 kg/cm 2 , suggesting robust resistance to lateral forces. The calculated shear forces and corrected areas enabled the determination of specific shear stress values, offering a granular view of soil behavior under load. The derived values of cohesion (C) and angle of internal friction (Φ) across the samples ranged from 19.61KPA to 29.42KPA for C, and 17 to 20 degrees for Φ, respectively, with average values computed as C = 23 KPA and Φ = 18.375 degrees. These parameters are instrumental for pavement material selection and structural design, indicating that the soils possess adequate shear strength for supporting anticipated loads by proper compaction, drainage, and possible stabilization.

Normal stress vs. Shear stress for all samples

3.5 Atterberg limits test analysis

The Atterberg Limits Test, comprising the Liquid Limit and Plastic Limit tests, was conducted to characterize the plasticity and workability of soil samples from the Siddhababa road section which is specified on IS 2720 (Part 5): 1985 [ 11 ]. Liquid Limit (LL) determines the moisture content at which soil transitions from a plastic to a liquid state. The Casagrande method was utilized for this assessment. It indicates how much water a soil can absorb before behaving as a liquid. Plastic Limit (PL) done by rolling into threads of 3 mm diameter, identifies the moisture content at which soil changes from a plastic to a semi-solid state. This limit reflects the soil's ability to be molded or shaped. Plasticity Index (PI) is the difference between the Liquid Limit and the Plastic Limit, representing the range of moisture content where the soil exhibits plastic properties. The results for each sample are summarized as follows in Table  2 .

The average values across the samples were found to be: Liquid Limit = 61.25%, Plastic Limit = 22.675%, and Plasticity Index = 38.625%. The Atterberg Limits Test reveals significant variability in the plasticity of the soil samples, with Plasticity Index values ranging from 33% to 47.4%. The high Plasticity Index values observed in Samples 2, 3, and 4 (all classified as CH) indicate soils with high plasticity, which can undergo significant volume changes with moisture variations.

3.6 Moisture content tests using the oven dry method

In the context of the Siddhababa road section study, moisture content tests were conducted using the Oven Dry Method as per the guidelines specified in IS 2720 (Part 2) [ 8 ] to establish the water content of soil samples. The Oven Dry Method involves weighing a soil sample before and after oven drying to determine its moisture content. This process removes all moisture from the soil, allowing for the calculation of water content based on weight loss. Figure  4 summarizes the moisture content test results for four soil samples collected from the study area.

Total moisture content of each sample

To calculate the moisture content, the weight of the dry soil was determined by subtracting the weight of the container (M1) from the oven-dried weight (M3). The weight of moisture was then obtained by subtracting the weight of dry soil from the wet soil weight (M2–M3). Finally, the total moisture content percentage was calculated using the Eq. ( 1 ):

The moisture content tests revealed variations in water content across the samples, with values ranging from 7.53 to 13.64%. The average moisture content for the soil samples was calculated at 9.575% with standard deviation of 2.72, indicating the soil's natural condition in terms of water content.

3.7 California bearing ratio (CBR) test analysis

The CBR test was performed according to the guidelines specified in IS 2720 (Part 16): 1987 [ 13 ] which measures the resistance of the soil to penetration by a standardized plunger under controlled density and moisture conditions. In the CBR test, a 50 mm diameter plunger penetrates the compacted, soaked sample at a constant rate of 1.25 mm per minute. Loads at 2.5 mm and 5 mm depths are recorded and expressed as a percentage of standard load values to obtain the CBR value. The test results are expressed as a percentage of the resistance to penetration compared to a standard crushed rock material. This test is critical for designing the pavement thickness by assessing the load-bearing capacity of the soil.

Similarly, we would assess the CBR value of each sample using the Eq. ( 2 )-

From Fig.  5 , we can see for a penetration of 2.5 mm, the standard load is typically 1370 kg (13.34 kN), and for a penetration of 5 mm, it is 2055 kg (20.05 kN) and test load is the actual load measured during the test for the same penetration depth (2.5 mm or 5 mm). Example for sample 1, CBR (2.5) = 160*100/1370 = 11.67%

Load vs Penetration plot for each sample

The CBR test results as shown in Fig.  6 , reveal a range of soil strength across the samples, with samples 2 and 4 showing higher bearing capacities, making them more suitable for supporting pavements subjected to regular and potentially heavy traffic. Samples 1 and 3, with lower CBR values, might require soil improvement techniques such as stabilization or the use of geotextiles to enhance their load-bearing capabilities.

CBR value of each sample

3.8 Unconfined compression test analysis

Unconfined Compression Test was conducted according to IS 2720 (Part 10): 1991 [ 14 ]. After completing the sample preparation & setup, a vertical load is applied at a constant rate (0.2 inches/min). Axial load and deformation are recorded until sample failure or a set strain. Maximum load and deformation are noted at the end. The test is performed without lateral confinement, allowing the determination of the soil's Unconfined Compressive Strength (UCS) and providing an indirect measure of the soil's shear strength under saturated conditions. The axial stress at failure divided by the initial cross-sectional area of the sample gives the UCS, which is a crucial parameter in evaluating soil stability and suitability for construction projects.

The average UCS value for the tested samples was found to be less than 0.25 N/mm 2 , with an average undrained shear strength of 0.105 N/mm 2 (see Fig.  7 ), indicating that while some samples exhibit adequate strength for standard pavement applications, others may require stabilization or reinforcement to meet the demands of higher traffic loads or environmental stressors.

Stress versus strain curve of each soil sample

4 Pavement condition assessment

The Siddhababa road section, known for its scenic beauty, is also notorious as one of Nepal's most hazardous routes. This segment has been the site of numerous accidents, prompting an in-depth analysis to identify underlying issues and propose viable solutions. Herein, we outline the principal challenges faced and recommend remedial measures to enhance road safety and efficiency. Most of distress were analyzed through visual inspection & measuring through scale.

4.1 Pothole formation

Potholes were observed approximately every meter along the Siddhababa road section, affecting both flexible and rigid pavement sections as seen on Fig.  8 . The size of these potholes ranged from 8 to 50 cm, with an average size of 18 cm. The primary causes of pothole formation include moisture infiltration, the absence of a prime or tack coat between layers, and neglected alligator cracking. The severity and density of these potholes were determined through regular visual inspections, measuring the diameter and depth with a measuring tape and depth gauge. Nearly all potholes were classified as severe, requiring full-depth replacement patches. This involves removing the damaged pavement layers down to the subgrade, applying a prime or tack coat, and reconstructing the pavement with new materials. This method is recommended based on research by Huang [ 20 ] which indicates its effectiveness in addressing severe potholes by eliminating root causes such as moisture infiltration and alligator cracking. Full-depth patching offers a durable solution compared to surface patching, which only provides temporary relief.

Pothole at Siddhababa road section

4.2 Faulting in rigid pavements

Faulting, characterized by differential settlement at pavement joints, was observed throughout the Siddhababa road section (see Fig.  9 ). This issue arises from subgrade softening and base course weakening, with temperature fluctuations contributing to slab curling and further accentuating the problem. Faults between 3 mm and 12.5 mm were classified as moderate, while those exceeding 12.5 mm were classified as severe. Implementing dowel bar retrofits is recommended for moderate faults, as this technique involves installing dowel bars across the joints to provide load transfer and reduce differential settlement and for severe faults, complete pavement reconstruction is necessary to ensure structural competence and user safety [ 31 ].

Faulting in rigid pavement of Siddhababa road section

4.3 Alligator cracking

Alligator cracking was identified in areas with repeated traffic loading, primarily due to inadequately designed pavements leading to failures in the surface, base, or subgrade layers as seen in Fig.  10 . The severity of alligator cracking was assessed based on crack width and pattern density.

Alligator cracking seen at road section

To comprehensively address these structural failures, targeted full-depth patching followed by milling and resurfacing of the affected sections is recommended. This approach restores the structural integrity and surface smoothness of pavements affected by alligator cracking. Based on research by the Asphalt Institute [ 5 ] this method is effective in managing extensive alligator cracking compared to alternative methods like crack sealing, which only provide temporary relief.

4.4 Rutting

Rutting occurs due to heavy traffic from large vehicles such as trucks and tippers. Rutting severity was classified based on the measured depth. For minor or stabilized ruts, overlay techniques are recommended, involving the application of a new layer of asphalt to restore the pavement surface. However, severe ruts require excavation and replacement with appropriately designed materials to ensure adequate support and durability. These recommendations are based on research by Roberts et al. [ 27 ] which supports the use of overlays for minor rutting and excavation for severe cases to address underlying structural deficiencies.

4.5 Water-induced damage

Water-induced damage was identified through visual inspections and photographic evidence, with measurements taken for affected areas and moisture content using a moisture meter. This damage was observed in pavement sections surrounding spring water sources, leading to slippery surfaces and increased accident risk (see Fig.  11 ). The primary recommendation is to implement an effective drainage system, including underground drainage, to redirect water away from the pavement and towards the opposite side, such as the Tinau River [ 15 ].

a Springs at various section of the road and b Water induced pavement damage

4.6 Inadequate roadside barriers

The Siddhababa road section, situated on high embankments and within hilly terrain, stands approximately 400 m above sea level and is in proximity to the Tinau River. Visual inspections revealed the absence of roadside barriers, posing a serious safety concern. The need for roadside barriers was assessed by evaluating embankment height, slope steepness, and potential fall hazards. To enhance safety, the implementation of guard rails, Longitudinal Channelizing Devices (LCDs), and concrete barriers is recommended. These measures are essential in high-risk areas with steep slopes and significant drop-offs, preventing vehicles from leaving the roadway and redirecting them back onto the road. This recommendation is based on research by AASHTO [ 3 ] which highlights the necessity of such safety installations in hazardous areas.

4.7 Slope stabilization challenges

Slope stabilization challenges were identified through visual inspections and documentation of landslides and rockfalls, with measurements taken for slope angles and soil composition (see Fig.  12 ). The severity of slope instability was assessed by measuring the size and frequency of landslides and rockfalls. Various slope stabilization techniques are recommended, including concrete gravity walls, cantilever walls, gabion structures, baby crib walls, and embankment piles. These methods provide necessary resistance against slope movement, mitigating the risk of small landslides and managing smaller rocks.

a and b Landslides seen at different sections of the road

Additionally, draped mesh or netting is recommended to control the movement of smaller rocks. These recommendations are based on research by Duncan & Wright [ 18 ] which supports the effectiveness of these techniques in preventing landslides and ensuring the safety of road sections in rocky and hilly terrains.

The major issues identified on the Siddhababa road section highlight significant safety and infrastructure concerns, including the presence of heavy vehicles leading to rutting, widespread potholes, faulting in rigid pavements, challenges posed by spring water and poor drainage, dangers associated with high embankments and rocky terrain prone to landslides, and the lack of critical road safety measures. Beyond these substantial problems, there are also numerous other issues such as the absence of essential traffic signboards indicating turns, slippery roads, accident-prone areas, landslide zones, speed limits, construction activities, and parking for Siddhababa temple, among others.

Addressing these concerns, even with relatively minor safety precautions, has the potential to significantly reduce the risk of accidents and save lives. The implementation of recommended measures such as improving drainage, installing road safety barriers, stabilizing slopes, and enhancing traffic sign visibility could greatly enhance the safety and functionality of the Siddhababa road section. This underscores the importance of proactive infrastructure management and safety interventions to protect road users in this challenging terrain.

5 Suitability of pavement types

Siddhartha Highway, constructed in 1964 AD with financial assistance from the Indian government, lacks sufficient historical documentation regarding its original pavement design. Over the years, periodic maintenance was conducted, with a significant upgrade in 2018 aimed at enhancing its condition and safety. This included resurfacing, bridge repairs, drainage improvements, and landscaping. Since its construction, no major overhaul such as full-depth replacement or structural reconstruction has been undertaken. Considering Siddhartha Highway's age, it clearly suggests that Siddhartha Highway may have been designed using older methods. Even if it was designed under IRC guidelines during the 1960s, the IRC was in its early stages and not fully developed at that time.

Our proposed approach involved designing both rigid and flexible pavements according to IRC Guidelines-2015 and IRC Guidelines-2001, respectively, which incorporate new methodologies and prioritize safety. Additionally, factors such as the Department of Roads' temperature gradient standards, current traffic patterns, traffic growth rates, and the introduction of Vehicle Damage Factor (VDF) and Lane Distribution Factor (LDF) in the late 1990s highlight the significant changes over the past 50–60 years. The comprehensive evaluation of the Siddhababa road section, which suffers from various types of pavement failures, underscores the critical need for thoughtful pavement selection to enhance road safety, durability, and travel efficiency. The decision-making process for pavement type involves considering the subgrade strength, traffic conditions, environmental factors, and economic and safety implications.

The 10% California Bearing Ratio (CBR) value of the subgrade suggests a strong foundation, making flexible pavement an appealing choice due to its adaptability to subgrade strength. Flexible pavements offer the advantage of being constructed and reinforced incrementally to accommodate increasing traffic demands. Their initial and maintenance costs are generally lower compared to rigid pavements, providing a cost-effective solution for road construction. The challenging environmental conditions, characterized by frequent landslides and large stones, alongside the road's designation as an accident-prone area, necessitate a pavement solution that prioritizes durability and safety. Rigid pavement, with its robust structure, is capable of maintaining its form under traffic loads and offers superior durability, making it a suitable choice for areas requiring high safety standards and longevity. Although the initial costs of concrete pavement are higher, the long-term benefits of reduced maintenance and a longer design life can justify the investment.

Given the diverse needs and challenges of the Siddhababa road section, a balanced approach that considers both economic efficiency and safety is essential. For the 3.5 km stretch of Siddhababa road, which presents significant safety concerns and challenging environmental conditions, a strong rigid pavement is recommended. This choice is driven by the need for durability and safety in a national highway context, where preserving life and ensuring reliable transportation are paramount. For the remaining sections of the Siddhartha highway, flexible pavement is suggested, capitalizing on its cost-effectiveness, ease of maintenance, and adaptability to traffic growth. This dual approach allows for the optimization of resources, ensuring both economic and safety objectives are met.

By taking a holistic view of the project's requirements, considering the site visits, and analyzing the overall scenario, the conclusion is drawn that adopting a combination of rigid pavement for the high-risk, accident-prone Siddhababa section, and flexible pavement for the rest of the highway, offers the best compromise between safety, durability, and cost-efficiency.

5.1 Design of flexible pavement

To clarify and structure the explanation for the calculation of the design thickness of a flexible pavement based on the given data and requirements, we'll break down the process into its fundamental steps and formulas. It is designed according to Indian Road Congress (IRC) Guidelines-2001 (IRC 37-2001) [ 21 ].

5.1.1 Given data

Average Daily Traffic of Heavy Vehicles (P): 1250 cvpd (commercial vehicles per day)

Number of heavy vehicles per day after adjustment for growth (A): 1393.229 cv/day

Cumulative Number of Standard Axles (Ns) over the design life: 13.5 million standard axles (msa)

Sub-grade California Bearing Ratio (CBR) values from samples: Sample 1: 11.67%; Sample 2: 13.86%; Sample 3: 9.73% and Sample 4: 11.45%

5.1.2 Steps and formulations

Step 1: Calculation of Adjusted Daily Traffic

The adjusted daily traffic A is calculated using the formula:

where, P is the initial traffic load, r is the annual growth rate, and y is the number of years considered. For this study, the adjusted traffic resulted in 1393.229 cv/day, assuming a typical growth rate over the specified period.

Step 2: Cumulative Number of Standard Axles (Ns)

The formula used here is:

where, VDF is the Vehicle Damage Factor, LDF is the Lane Distribution Factor, r is the growth rate, and n is the number of years in the design life. This calculation yielded an Ns of approximately 13.5 MSA (Million Standard Axles).

Step 3: Determination of 90th Percentile CBR

The 90th percentile CBR is interpolated between the 75th and 100th percentile values, simplifying the design CBR to 10% for practical application purposes, facilitating subsequent calculations.

Step 4: Pavement Layer Thickness Design

The thickness of different layer of the road section is taken from the IRC as seen in Table  3 .

Based on the above IRC standard table for flexible pavements for the given cumulative traffic load (Ns) of 13.5 msa along with a sub-grade CBR of 10%, we did calculation by interpolation between known points for 10 and 20 msa. For 13.5 msa, the total thickness is then the sum of these layers plus the base and sub-base layers, equating to 550 mm. Hence, this gets finalized as 40 mm as Wearing Coarse (W/C), 60 mm as Binder layer (DBM), 250 mm as base layer and 200 mm as subbase layer as shown in Fig.  13 . This detailed explanation illustrates the methodology behind designing the thickness of flexible pavements to accommodate traffic loads and sub-grade conditions effectively.

Cross section of flexible pavement

5.2 Design of rigid pavement

We designed rigid pavement according to standard of Indian Roads Congress (IRC) guidelines for the design of rigid pavements (58-2015) [ 22 ].

Step 1: Initial Assumptions and Data

Based on standard practice, for Design wheel load (5100 kg) with equivalent circular area of 15 cm and tire inflation pressure ranging from 6.3 to 7.3 kg/cm 2 , following data are suggested for design purpose.

Traffic growth rate ( r ): 7.5%, Design life ( n ): 20 years.

Construction period ( y ): 3 years

Modulus of subgrade reaction ( k ): 8 kg/cm 3 (determined using standard plate of 75 cm diameter at 0.125 cm deflection)

Flexural strength of concrete: 40 kg/cm 2

Modulus of Elasticity ( E ): 3 × 105 kg/cm 2 , Poisson’s ratio ( μ ): 0.15

Thermal expansion coefficient of concrete (α): 10 × 10 −6 /°C

The temperature gradient for different region is obtained from Department of Road, Nepal [ 24 ] as in Table  4 .

The trial slab thickness starts at 20 cm, based on standard practices and initial estimates of pavement performance under anticipated loads and environmental conditions.

Step 2: Calculate the Radius of Relative Stiffness (l) for the Initial Trial Thickness

Using the initial trial thickness ( h ) of 20 cm:

This calculation is crucial for understanding how the slab will behave under load, considering the stiffness of both the concrete and the subgrade.

Step 3: Determine L/l and W/l Ratios

From Guidelines, taking length of contraction joint (L) = 4.5 m, Width of lane (W) = 3.5 m, the ratios are calculated as:

L / l  = 6.32 and W / l  = 4.92.

Since L / l  >  W / l , L / l is the critical condition for design considerations, focusing on the slab's length.

Step 4: Interpolate the Coefficient Cv (from IRC Chart)

Given L / l ratios, Cv is interpolated for pavement design, resulting in Cv  = 0.9 for the initial thickness of 20 cm.

Step 5: Average Temperature Gradient and Adjusting for Trial Thickness

The average temperature gradient (Δ t ) is calculated by taking the average of the provided gradients for both Hilly and Terai regions. Since the Siddhababa section is not fully in either, an average is used, yielding Δ t  = 14.75 °C for initial calculations. This step is critical in determining the thermal stresses the pavement will experience.

Step 6: Calculate Temperature Edge Stress (fte) (from IRC Chart)

Using Cv  = 0.9 and the average Δ t , fte is calculated, resulting in 20 kg/cm 2 for the initial 20 cm thickness.

Step 7: Residual Stress and Factor of Safety for the Initial Thickness

Residual Stress is calculated as 20 kg/cm 2 (40 kg/cm 2 –20 kg/cm 2 ) and factor of Safety ( fos ) is calculated as 0.714, which is less than 1, indicating the initial thickness is not adequate. Due to the insufficient fos , the trial thickness is increased to 23 cm to improve safety and performance.

Step 8: Recalculation taking h = 23 cm

For h  = 23 cm, l is recalculated, resulting in l  = 84.86 cm, and all calculations are done in similar process. At last, Residual Stress is now found to be 23 kg/cm 2 (40 kg/cm 2 –17 kg/cm 2 ) and fos i mproves to 1.02, indicating the adjusted thickness is safe. Considering the daily traffic and its growth over the design life, the final thickness is determined as 25 cm (23 cm + 2 cm for traffic adjustments).

This comprehensive approach illustrates the iterative process of pavement design, starting from initial assumptions, through critical ratio analysis and thermal stress calculation, to final adjustments based on safety and performance criteria. The increase in trial thickness from 20 to 23 cm, followed by the final adjustment to 25 cm (see Fig.  14 ), ensures the pavement can safely support expected traffic loads and environmental conditions.

Cross section of Rigid pavement

Based on IRC guidelines, with a CBR value of 10% and a k-value of 8 kg/cm 2 , the recommended standard base course thickness is between 150 and 200 mm. We have selected a base course thickness of 175 mm. According to IRC 58-2015, for a slab thickness of 250 mm, the appropriate dowel bar dimensions are 32 mm in diameter with a spacing of 300 mm and a length of 450 mm and for the same slab thickness, the IRC 58-2015 recommends deformed tie bar dimensions are 12 mm in diameter, with a maximum spacing of 720 mm and a minimum length of 640 mm.

6 Conclusions and discussions

The comprehensive study on the Siddhababa road section of the Siddhartha Highway in Nepal has provided valuable insights into the critical decision-making process involved in selecting the most appropriate pavement type for mountainous terrains, faced with unique environmental challenges and safety concerns. The analysis, grounded in extensive soil testing, traffic load evaluation, and environmental condition assessments, highlighted the nuanced performance of flexible and rigid pavements under the specific conditions of the Siddhababa road section. Despite the initial cost-effectiveness and adaptability of flexible pavements, the study concluded that the durability, safety, and reduced long-term maintenance requirements of rigid pavements offer a more viable solution for this particularly vulnerable road segment. The selection of rigid pavements for this project is based on several key considerations that make them more suitable for the mountain environment compared to flexible pavements. Rigid pavements are less susceptible to moisture infiltration and rutting, making them more resilient to the local climatic conditions, including freeze–thaw cycles and temperature variations. Additionally, rigid pavements are designed to distribute heavy traffic loads more effectively, reducing the likelihood of deformation and maintaining structural integrity over time. Empirical data from existing pavements in the region and case studies from similar projects in mountainous areas demonstrate that rigid pavements offer superior performance and durability, with long-term benefits and reduced maintenance needs. This empirical evidence supports the conclusion that rigid pavements provide a more durable solution for the specific conditions of the study area.

The recommendation for a hybrid approach, utilizing rigid pavement for the most susceptible sections to natural hazards and flexible pavement elsewhere, underscores the importance of a balanced and context-sensitive strategy in pavement engineering to enhance road safety, durability, and economic efficiency. The proposed flexible pavement is then the sum of these layers plus the base and sub-base layers, equating to 550 mm which has 40 mm as Wearing Coarse (W/C), 60 mm as Binder layer (DBM), 250 mm as base layer and 200 mm as subbase layer. Also, for the proposed rigid pavement, the standard base course thickness is selected as 175 mm and slab thickness of 250 mm and the appropriate dowel bar dimensions are 32 mm in diameter with a spacing of 300 mm and a length of 450 mm.

This study contributes significantly to the field of pavement engineering, especially in the context of developing countries like Nepal, where road infrastructure must contend with complex topographical, environmental, and socio-economic factors. By adopting a holistic approach that integrates geotechnical assessments with pavement design principles, the research offers a model for addressing the challenges of road construction in mountainous regions. Moreover, the emphasis on a hybrid pavement solution not only paves the way for safer and more resilient road infrastructure but also aligns with sustainable development goals by considering the long-term environmental and economic impacts of road construction projects. Future research could further explore innovative materials and technologies in pavement construction to enhance the sustainability and efficiency of road infrastructure in similar challenging environments.

Data availability

All the analyses were carried out in accordance with the code of investigation and practice. All the analyses were carried out by the authors and are described and clarified in this report.

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Chhetri, N.P., Jaiswal, R. & Poudel, R. Resilient roads in challenging terrain: a case study of Siddhartha highway in Nepal. Discov Civ Eng 1 , 76 (2024). https://doi.org/10.1007/s44290-024-00079-7

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• Published: 19 September 2024

Climate change related litigation in Indonesia

• Linda Yanti Sulistiawati   ORCID: orcid.org/0000-0002-3851-7086 1 , 2  

Communications Earth & Environment volume  5 , Article number:  522 ( 2024 ) Cite this article

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• Climate change
• Climate-change policy
• Environmental studies

Indonesia contributes to greenhouse gas emissions but is also vulnerable to climate change. However, the country does not have a single, overarching law explicitly addressing climate change. Climate litigation is now used in Indonesia to hold governments and corporations accountable. Here, I review the courts’ decisions for criminal and civil climate change-related cases between 2010 and 2020 and highlight trends and examples of case studies, driving factors, and impacts of climate litigation cases in Indonesia. I show that 112 climate change-related cases were brought to Indonesian courts, most of which were criminal cases concerning forestry or forest fires. In addition, there were a number of civil court cases. The cases use phrases concerning climate change in their main claim, argument, evidence, expert witness arguments, and judgments. They are regarded as incidental climate change litigation cases. However, these cases are essential in developing climate change litigation in Indonesia because they open up a discussion of climate change issues in the Indonesian courts and public media.

Introduction

The definition of climate change related litigation varies. For instance, Hilson adopts a broad approach, stating that ‘virtually all litigation could be conceived of as [climate change related litigation]’ given that ‘climate change is the consequence of billions of everyday human actions, personal, commercial, and industrial’ 1 . However, we have seen cases 2 , 3 , 4 , 5 , 6 that have more direct links to climate change: litigation related to mitigation (e.g. directly addressing greenhouse gas (GHG) emissions) or litigation related to adaptation (e.g. predicted impacts of climate change on ecosystems, communities, and infrastructure) 7 . Litigants in those cases may have sought to promote climate change regulation or to oppose existing or proposed regulatory measures 7 .

Climate change can also be raised as a peripheral issue in the litigation process. Here, concerns over climate change motivate the lawsuit, at least in part, but are not explicitly raised in the claims or decision. Peel and Osofsky present their concept of climate change related litigation as a series of concentric circles 7 . Furthermore, Kim Bouwer argues that climate change litigation occurs at varied scales, yet smaller cases at lower levels of governance are as important as more high-profile cases, and engage all elements of a good climate response 8 . She underlines that if we restrict ourselves to only ‘core cases’ of climate change related litigation and ignore the peripheral / smaller cases, we would be losing much potential lessons to be learned from those cases. To take this even further, this study opines that ‘climate change related litigation’, or litigation which incidentally mention climate change issues in their dossiers, would also have an impact on the overall development of climate change litigation, as evident in cases where judicial deliberation and decisions specifically indicate that climate change is a determining factor.

This study aims to show that Indonesia is no stranger to incidental cases of climate change litigation 9 , 10 , through: (1) detecting criminal and civil climate change related cases that have been brought before the courts between the years 2010 and 2020; (2) dissecting examples of case studies; and (3) highlighting the trends, driving factors, and impacts of climate change related litigation in Indonesia. Notably, some reports have not considered Indonesia a country active in climate change litigation during the research period of 2010 to 2020 11 , 12 . For instance, in the Climate Case Chart 12 , as per 2024, there are only 15 cases listed as climate change litigation cases in Indonesia. This is because of the categorization adopted in their ‘global database’, which are: (a) case categories, including the type of defendant and main cause of action; (b) jurisdiction; (c) climate relevant principal law to which the litigation relates; and (d) status of the case. Most of the ‘incidental’ climate change cases are not included, because climate change was not the relevant principal law to which the litigation related to. Similarly, in the 2024 Global Climate Litigation Report Status Review by the United Nations Environment Program (UNEP), Indonesia is listed as only having 12 climate litigation cases until year 2022, as the report utilized the same narrow definition of climate change litigation used by the Sabin Center 11 . In contrast, there are previous studies which have pointed out the typology of climate change related litigation cases in Indonesia 13 and a study on the challenges of climate change related litigation in Indonesia 14 . These studies reveal that Indonesia has had criminal, civil, administrative, and even judicial review cases that include climate change in various stages of their dossiers. In these incidental climate change cases, the issue of climate change was mentioned either in an indictment, a party’s argument, part of submitted evidence, part of an expert witnesses’ argument, judges’ considerations, or in the judgments. These cases are listed in the Supplementary Data  1 , submitted together with this article.

Indonesian climate related regulations

Indonesia ratified the United Nations Framework Convention on Climate Change (UNFCCC) and the Kyoto Protocol. Prior to the 2015 Paris Agreement, Indonesia’s regulations on climate change refer to the UNFCCC. Key examples include: the (1) Presidential Regulation No. 61 of 2011 on National Action Plan for the Reduction of Emissions of Greenhouse Gases (PR 61/2011); and the (2) Presidential Regulation No. 71 of 2011 on the Implementation of a National Inventory of Greenhouse Gases (PR 71/2011). Indonesia ratified the Paris Agreement in 2016, and its’ Nationally Determined Contribution (NDC) is to reduce its GHG by twenty-nine percent independently, and forty-one percent with international support of the business-as-usual scenario by 2030 15 . Indonesia’s enhanced NDC, updated in September 2022, increased independent GHG reduction to thirty-one point eighty nine percent, and forty three point two percent with international support 15 .

Indonesia does not have a single, overarching law specifically on climate change. At the time period of this study (2010 to 2020), Indonesia still relied on its environmental laws as the main framework to help mitigate climate change. Cases referred to in this study therefore uses the legal framework available at that time. The environmental laws include the Indonesian Penal Code on Law No.1/1946, Law No. 32/2009 on Environmental Protection and Management, and Law No. 41/1999 on Forestry. Other regulations in relation to climate change, among others, include: Indonesia’s Civil and Criminal Codes, Law No. 4/2009 (Mineral and Coal Mining Act), Law No.18/2013 (Avoidance of Deforestation and Forest Degradation Act), Law No.39/2014 (Farming Law), and Law No.39/1999 (Human Rights Law).

Indonesian courts

The Indonesian court system is divided in two: (1) a Supreme Court (Mahkamah Agung) to oversee the work of the judiciary and Lower Courts; and (2) a separate Constitutional Court (Mahkamah Konstitusi) 16 . Most civil and criminal trials are run through the hierarchy of District Courts (pengadilan negeri), starting from the regency level (kabupaten), moving to Appeal Courts (pengadilan tinggi), and then obtaining a final cassation from the Supreme Court 17 .

In total, this study analyses 112 court cases from 2010 to 2020 from the District, High and Supreme Courts. There are too many variables to discuss in terms of administrative and review cases in climate change related litigation, and independent research is needed to discuss these issues. For these reasons, only criminal and civil cases are elaborated on in the next sections.

Criminal cases

Out of all the climate change related litigation cases, most (71%) were criminal cases. Of these criminal cases, most are forestry or forest fires related, including matters relating to haze, air pollution, or illegal logging. Climate change was included in the cases, mostly by the expert witness in their testimonies, but also in the judges’ considerations (see Table  1 ). Fourteen cases, in which climate change was used as a theme in the cases’ indictment, were also found. These cases are listed in case no. 1 to 80 in the Supplementary Data  1 , attached.

The first key point from this study is that, in the cases analysed, climate change was not used as the first argument, but rather as an impact of the first argument. For example, in forestry cases involving forest fires or illegal logging, plaintiffs argued that if the forested areas were damaged, the microclimate system will be pressured, thereby exacerbating global climate change 18 , 19 , 20 , 21 , 22 . In Case No. 27/PID.B/2013/PN.WTP (Prosecutor v. Nurung bin Nase, verdict: guilty), one of the bases for the allegations is that “the Defendant’s actions can cause immeasurable non-material losses, namely micro-climate changes at the location of the incident” 18 . Another case, Case No.94/PID.SUS/2014/PN.TBH (Prosecutor v. H. Marbawi, verdict: guilty), the Court noted the report from the Forest and Land Fire Laboratory, Forest Protection Department, Faculty of Forestry, Bogor Agricultural University, that “the land burning caused damage to the 10 cm thick surface layer of the land, which had a detrimental impact on living organisms and the water system. Additionally, the land burning also resulted in greenhouse gases emissions” 19 . It is noted that, in these cases, climate change was often mentioned as a ‘future’ impact without really going into detail as to the impact themselves. These phrases are clearly inserted to highlight the climate and environmental impacts suffered by the prosecutor/claimant. On the whole, climate change had been considered by judges in their verdicts (twenty-eight cases), were mentioned by experts in their expert witness testimony (thirty-two cases), and were cited in the indictment submitted by the prosecution (fourteen cases). These cases are listed in the Table of Cases-Climate Change Related Litigation 2010–2020 Indonesia (Criminal Cases), as Case no. 2 and no. 4 in the Supplementary Data  1 , attached.

Second, based on the Courts’ files for these criminal cases, the understanding of climate change proves to be superficial. This is evidenced by some judgments and indictments 23 , 24 , 25 which mention climate change as an impact of illegal logging or forest fires in the same way that floods, droughts, and landslides are mentioned: merely as part of a list of consequences of changing the forest system. These findings demonstrate an insufficient understanding of precisely how the acts exacerbate climate change, which worsens extreme weather events and ecological breakdown 26 . Seventy-one cases were settled at the District Court level, while four cases proceeded to the appellate courts and another four cases went to proceeded to the Court of Cassation. Given that a majority of cases are not appealed, this indicates that either most defendants are satisfied with the outcome of the case, or that there are other administrative burdens which disincentivised the defendants from filing an appeal (eq. high court fees, lawyer fees, etc) 27 . Seventy-six out of eighty of criminal climate related cases received guilty verdicts, and of the seventy-six, twenty-eight clearly mentioned key phrases of climate change or climate change impacts in the judges’ considerations. The fact that climate change was included in these criminal cases shows that Indonesian legal enforcers were familiar with climate change as a disaster caused by human action. While this can be considered a breakthrough in Indonesian criminal cases, there remains a need to empower legal practitioners and judges with education and training on climate change.

Third, since most of these cases are forestry and environment related cases, it is more likely that the judges deciding these cases understood the severity or possibility of detrimental environmental/climate impacts in these cases. There are judges’ certification on environmental law in Indonesia’s judicial system, and around 425 judges (or 10% of the total judges in Indonesia) have received training and said certification 28 . The ability of the judges to listen and set aside biases, leadership of the judges, and detachment of the judge are also among other things needed 29 . However, judicial education and training on environmental law issues (including climate issues) still needs to be deepened as most verdicts are based upon superficial related climate arguments—as elaborated in the second point above.

Fourth, most cases (seventy-two cases) involved forest fires or other forestry related matters. This reflects how forestry cases are very close to climate change issues and that there is available scientific evidence linking them both. By linking forestry issues with the scientific evidence of climate change in these cases, the chances of prosecution for these cases have increased. This is further elaborated upon in the Discussion section below.

Furthermore, these cases also utilise human rights arguments in relation to climate change. Several forest fires and mining cases 30 , 31 highlighted how the local communities lost their access to clean air, clean water, and an overall good quality of life. For example, the Pangkalan Bun District Court in Prosecutor v Hairil (Case no.168/PID.B/LH/2018/PN Pbu, verdict: guilty) stated that the defendant purposefully set fire in the farming and forest area, resulting in excessive smoke which exceeded the limit permitted in his farming area. The judges considered that “physical and environmental biota play a very important role in supporting human livelihood and welfare. Therefore, land degradation resulting from burning practices will have an impact on the existing climate”. Further, in Prosecutor v Danar Bata (Case no. 6/PID.SUS.TPK/2020/PN Gto in Gorontalo District Court, verdict: guilty), where the defendant was found guilty of embezzlement during the development of a water dam project, one of the witnesses stated that: “the purpose of building these reservoirs and dams is to provide facilities and infrastructure for water resource management in order to address the impacts of climate change, thus making it possible to utilize them as a source of irrigation water”. In that case, the defendant’s embezzlement hampered the dam development to the extent of hampering the local community’s right to receiving adequate water supply. All of these are basic human rights that relate closely to climate change. However, these cases did not directly mention human rights, which would have given more substantiation toward linking human rights and climate change impacts 27 . These cases are listed in the Table of Cases-Climate Change Related Litigation 2010–2020 Indonesia (Criminal Cases), as Case no. 10 and no.11 in the Supplementary Data  1 , attached.

Civil cases

This study found that fourteen climate change related litigation cases were heard in the Indonesian Civil Courts between 2010 and 2020 (see Table  2 ). Environmental cases in Indonesia come under the purview of Environmental Protection and Management Law 2009. This law states that a lawsuit can only be brought before any court if all other alternative dispute resolution methods have been declared unsuccessful by one or all disputing parties. Thus, it is possible that the number of cases identified in this study form only a small part of the total number of climate change related disputes, while the rest have been settled through alternative dispute resolution processes prior to court proceedings.

First, the number of climate change related litigation cases in civil law are much smaller than that in criminal law. However, arguments involving climate change run deeper and are more meaningful. In civil cases, climate change has often been brought up in arguments either as scientific evidence or in requests to the government to enact or revise regulations to mitigate or adapt to to climate change. For example, in the case of Ari Rompas and friends v. the Government of Indonesia (Case no. 980 PK/PDT/2022, verdict: in favour of the plaintiff) climate change was part of their claim that the Indonesian government failed to fulfil its responsibility to regulate and implement policies on climate change and ozone layer protection 32 . All levels of the Courts accepted the claims and requested the government to revise and remand the regulations, although recent developments in 2022 showed that Government of Indonesia (GoI) submitted a successful case review ( peninjauan kembali ), which annulled previous decisions 33 . This case is listed the Table of Cases-Climate Change Related Litigation 2010–2020 Indonesia (Civil Cases), as Case no. 5 in the Supplementary Data  1 , attached.

Second, eighty percent of the cases were settled in first instance courts, indicating that most litigants had already obtained the justice they desired in the District Court rulings. However, out of these cases, five of twelve of them were declined due to various reasons, such as error in persona (wrongfully inputting the details of the defendant), legal standing issues (plaintiff did not have standing for the case), plurium litis consortium (claim lacked parties; the claim should have included governor and/or head of district as the responsible party), and obscuur libel (unclear claim) 34 , 35 , 36 . These reasons do not have anything to do with climate change. Rather, they demonstrate that external factors may complicate the process and outcome of climate change related litigation.

Third, the rigidity of legal standing rules has proven to be problematic. There are five types of standing for civil cases in Indonesia: citizen lawsuit, class action, non-governmental organisation (NGO) claim, state (or ministries) claims against company and/or individual, and regular claim. In practice, filing a lawsuit is complicated for environmental organisations. Article 92 of the Environmental Protection and Management Law 2009 states that in order for an environmental organisation to bring a lawsuit for environmental conservation purposes, it must: (a) be incorporated 37 ; (b) have asserted in its statute that the organisation was founded for the sake of environment conservation 37 ; and (c) have had undertaken concrete activities in accordance with its statute for at least two years 37 . Furthermore, the right to bring this lawsuit is limited to demands to perform certain actions without any claim for compensation, except for the costs or real expenses 37 . As such, we can see that not only is establishing legal standing for environmental cases is limited, its potential scope and impact are likewise limited.

It is interesting to note that the Indonesian Ministry of Environment and Forestry was a party in all of these cases, either as a plaintiff or as a defendant. Evidently, the Ministry of Environment and Forestry is committed to being involved in climate change related cases and is using climate change related litigation to resolve climate change disputes. Other stakeholders, such as private businesses and NGOs, are also involved in these climate change related litigation cases 38 .

Fourth, in civil climate change related litigation cases, scientific evidence of climate impacts have often been used as the basis for plaintiffs’ claims and have also been attested to in expert witness testimonies. Moreover, the arguments related to climate change and its impacts were then linked to the loss of human rights. We see this in the citizen lawsuit claims, such as Komari v. Mayor of Samarinda 39 (verdict: in favour of plaintiff) and Ari Rompas v Government of Indonesia 32 (verdict: in favour of plaintiff, but then annulled in the Supreme Court in 2022), as well as in claims made by organisations, such as WALHI v Government of Indonesia 35 (lawsuit inadmissible) and even in claims made by the government, such as Ministry of Environment and Forestry v PT. Palmina Utama 36 (verdict: in favour of plaintiff) and Ministry of Environment and Forestry v PT. Arjuna Utama Sawit 40 (verdict: partially granted). These cases are listed in the Table of Cases-Climate Change Related Litigation 2010–2020 Indonesia (Civil Cases), as Case no. 2, 5, 6, 7 and 8, in the Supplementary Data  1 , attached.

Driving factors of climate change related cases in Indonesian court during 2010–2020

Climate change related litigation cases within the period of 2010 to 2020 are shown in the graphs above (see Figs.  1 and 2 ). This study discovered that this progress is attributable to several driving factors. Firstly, the development of science in climate change issues, such that litigants can use them as grounds for their claims. Consistent with Burger’s argument 41 , we have seen how climate change related litigation cases in Indonesia have been utilising scientific developments by: (i) introducing expert scientific testimonies and reports as evidence in criminal and civil cases to explain the causal links between GHG emissions and climate change; and (ii) challenging government failure to regulate GHG emissions in civil cases.

This figure shows the upward trend of climate change related litigation on criminal cases in Indonesian court during the period of 2010–2020.

This figure shows the trend of climate change related litigation on civil cases in Indonesian court during the period of 2010–2020.

Expert witness testimony has played, and continues to play, an important role in linking climate change science to the cases. In criminal cases, thirty nine out of eighty cases have included expert witness testimonies elaborating on the climate change implications of forest-related incidents. For example, in the Case No. 254/PID.SUS/2017/PN PLW (on illegal logging, verdict: guilty), the expert witness testimony stated that “ecologically, the Defendant’s actions can lead to the conversion of forest functions into plantation areas. Additionally, the damage to the Kerumutan Forest can result in the disruption of the ecosystem, climate, and the extinction of several wildlife species”. In the Case 140/Pid.Sus/2013/PN. PLW (on encroachment, verdict: guilty), the expert witness testimony highlighted, “the actions of the defendant, utilizing the Tesso Nilo National Park (TNTN) for palm oil and rubber plantations, are not in accordance with its designated function. This has led to the loss of TNTN’s ability to maintain its role as a flood control area, carbon dioxide absorber, oxygen supplier, and regulator of global climate, among other functions”. Here, we see the concrete link between the scientific evidence of climate change and climate catastrophe. In civil cases, two out of fourteen cases studied had expert witness testimonies featuring climate change considerations. This number is small, but it indicates that judges take into consideration climate science when adjudicating. Moreover, the remaining twelve cases featured climate change in their claims. These cases are listed in the Table of Cases-Climate Change Related Litigation 2010–2020 Indonesia (Criminal Cases), as Case no. 8 and no. 16 in the Supplementary Data  1 , attached.

Out of fourteen civil cases studied, seven cases challenge the Government on the basis of their failure to regulate GHG emissions. Both local and national Governments were involved; requests were made to the local leaders (mayor or governor), or the Minister of Environment and Forestry to revise or revoke current regulations and any implementation efforts thereunder. In three cases, such requests were even aimed at the President of Indonesia. This shows how plaintiffs in these cases understand the importance of GHG emission reduction on mitigating climate change, and that enacting and implementing the relevant regulations forms part of the Government’s responsibility.

Secondly, the development of nexus between human rights and climate change, as litigants can use the link between their human rights issues to climate change impacts. In the international sphere, the nexus between human rights and climate change has been increasingly acknowledged. The preamble of the Paris Agreement specifies that parties ‘should when taking actions to address climate change, respect, promote and consider their respective obligations on human rights’ 42 , and the UN Human Rights Council (HRC) had adopted 11 resolutions on human rights and climate change 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50 , 51 , 52 , 53 . This development helps national and sub-national actors to easily link the effects of climate change to the fulfillment of human rights in climate change cases.

Specifically, climate change compromises the human right to life, right to adequate food, right to the enjoyment of highest attainable standard of physical and mental health, right to adequate housing, right to self-determination, right to safe drinking water and sanitation, right to work and the right to development 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50 , 51 , 52 , 53 . In the cases examined in this article, we have seen arguments highlighting how environmental damage would lead to a deterioration of the quality of life of the people living in the affected areas. In deforestation cases, the argument most used in relation to the impact of climate change on human rights was that deforestation caused the forest to lose its water retaining capacity, consequently endangering access to clean water and/or a good quality of living. Although these links might seem obvious and simple, there is potential to explore their nuances and implications. Therefore, it is expected that as climate change related litigation continues to grow, so too will the nexus between human rights and climate change.

Thirdly, judicial training and certification on environmental law, so they know how to proceed with environmental cases. Indonesia had initially planned to establish an environmental court system 54 , but decided to install ‘green judges’ or ‘green benches’ in the general courts instead 37 . This demonstrates Indonesia’s aspiration to have regular court judges proficient in environmental issues 11 . Judges who have been trained in environmental issues are given an ‘environmental judges certification’ to certify their expertise in handling environmental issues. Furthermore, all environmental cases are tried with at least one certified judge 55 . However, as discussed, this training and certification needs to be amped up and pushed for as current statistics reveal that only 10% of judges in Indonesia have the environmental law certification 11 .

Fourthly, increased transparency and public pressures on climate change court cases. For example, the Indonesian Supreme Court started a website publishing all court documents on their website in 2011. As such, environmental cases can be accessed, read, and analysed by the public. Moreover, a new service had also been added to the Court’s website: an ‘ e-Court ’ wherein plaintiffs can register, get an e-summon, engage in e-litigation, receive an e-copy of the verdict, and e-sign documents.

Furthermore, Law No. 14 of 2008 on Public Information Disclosure obliges the Government to provide accurate information in timely manner to the public. Fulfilling this obligation thus requires the Government to provide facilities such as buildings or rooms for complaints, a complaint desk, and an online complaint network.

On top of that, public pressures from the civil society and environmental NGOs in Indonesia have been increasing. The number of environmental NGOs in Indonesia has grown immensely: there were 8720 in 1990 and this figure grew to 13,400 in 2000 56 . Although there have been criticisms on the effectivity and transparency of these environmental NGOs, these NGOs are generally recognised and relied upon as watchdogs who monitor the government and court activities in relation to the environment and climate change 57 .

Lastly, government support and political will for climate change related litigation. The support can be in the form of moral and political support, where the government conferred the courts with legal authority to work independently, providing them with a sufficient budget, infrastructure, human resources, and security. In criminal and civil climate change cases, we saw that the government, especially the Ministry of Environment and Forestry (MoEF), was extensively involved. In the criminal cases, we saw that the prosecutors often referred to MoEF reports and/or permits for evidence, or as expert witness providing testimony for the cases; in civil cases, the MoEF was directly involved as litigants, despite, as we had previously examined, how the GoI is adamant in pushing for the annulment of unfavourable verdicts through cassation and case review (peninjauan kembali). This shows conflicting governmental priorities in Indonesia. Indeed, climate change related litigation appears to be in tension with the governmental pursuit of economic development based on a carbon-intensive economic growth model, because it may upend the current political and economic system, the system that gave rise to the climate crisis in the first place 14 .

In terms of political will, environment and disaster resilience was listed as priority under Agenda 9 of the National Development Medium Term Plan (Rencana Pembangunan Nasional Jangka Menengah, RPJM) 2009-2014 58 . Subsequently, the RPJM 2015–2019 listed not only environmental and disaster resilience, but also included climate change issues into the cross-sectoral development plan 59 . The latest RPJM 2020-2024 builds on the previous RPJMs and lists climate change as a priority and includes low carbon development within the agenda 60 . In addition, it should be noted that each RPJM explicitly highlights the development of equity and justice within the courts of Indonesia. Each of the RPJMs would list accomplishments of the last RPJM and include more ambitious goals, just like what we have seen with climate change issues. For example, abatement of forest fires was a priority within the disaster and climate resilient agenda of RPJM 2015–2019. As a result, Indonesia’s annual forest fires have been reduced by seventy-five percent from 1990 levels in 2020 61 .

The roles of climate change related litigation cases in Indonesian courts

Even though these cases are incidental cases on climate change, this study argues that they hold important roles in the evolution of climate change issues in Indonesian courts. Their roles include firstly, opening a discussion on climate change in the Indonesian courts. Litigants, law enforcers, and the Courts have familiarized themselves with these issues because of these cases. These cases show that through the years, the inclusion of climate change as a claim increases the confidence of litigants.

Secondly, some of these cases (especially the civil cases) became popular and were taken up by national and international media. Media coverage brought attention to the cases and issues at hand, making the public more aware of the legal proceedings. The increased visibility led to greater accountability for the justice system, as the actions and decisions of judges, lawyers, and other stakeholders were scrutinized by a wider audience. Media coverage also contributed to a more transparent legal process, shaped public opinion about the cases and the parties involved, and introduced the public to the discourse of climate change in the courts. In broader terms, media coverage also influenced public trust in the justice system. Fairness and effectiveness of the legal process for these cases were shown in the open such that the public could directly see and build perceptions of the performance of the courts.

Thirdly, these cases can increase the social and political charges towards the Courts and the Government. With the exposure of climate change as an issue in court cases, aside from triggering social and political discussions, it can also lead to action and changes in laws, policies, or regulation related to the issues raised by these cases. As seen in Komari v. Mayor of Samarinda 39 and Ari Rompas v Government Indonesia 32 , these cases had the potential to push the government to change the current regulations to the betterment of the climate and the environment. Even though both cases were rejected at the Supreme Court level, the discourse of climate change had already taken place in the country, and actions and changes had taken place in Indonesia. Many campaigners, public discussions, as well as books and research reports pushed the government of Samarinda and Palangkaraya to upgrade their policies and regulations for the betterment of the climate and the environment. These cases built a bridge for more ‘core’ climate change litigation cases in the Indonesian judiciary.

Overall, these results demonstrate the complexity of climate change related cases in Indonesia. Nevertheless, there is improvement from the fact that law enforcers and litigants are using climate change as a basis for their claims. This shows that the issue of climate change has been accepted as increasingly important, to the extent that it is accepted as an argument in court, and possibly beneficial one at that. Indonesians are fully aware of their own rights and obligations and understand that it is the responsibility of the State to protect these rights, including the human right of being safe from the threats posed by climate change. This might be the dawn of the new beginning for the future of ‘core’ climate change litigation in Indonesia. Further research needs to be done in other jurisdictions, to see whether this situation of incidental climate change cases exists and are playing vital roles to give opportunities for more ‘core’ climate change litigation cases to thrive.

In conclusion, climate change is a crucial issue in Indonesia, and its importance is attested to by its growing presence in Indonesian litigation. Climate change related issues are being contested in Indonesian courts in the study period of 2010 to 2020. They are not ‘core’ climate change litigation cases, but rather, are ‘incidental’ climate change litigation cases which can easily being overlooked as ‘climate change issues’ are not the core argument discussed in those cases. However, this study concludes that in the 112 ‘incidental’ climate change related litigation cases in Indonesia from 2010 to 2020, most of the cases were pushing upon favourable outcomes toward climate change mitigation, adaptation, and loss and damage compensation. In the 80 criminal cases, 42 of them are looking for mitigation and compensation for loss and damages, 2 are corruption cases which seek damages toward the environment, 18 are natural resources related which requested for reclamation of the environment and mitigation of climate change. In the 14 civil cases, all of them requested for the betterment of policies and regulations involving the environment, including climate change. This means that these civil cases are pushing for adaptation, and mitigation action from the Government.

Even though these cases are ‘incidental’ climate change litigation cases, this study contends that they have opened a discussion on climate change issues in the Indonesian courts during the study period, managed to expose climate change issues in the media, and in turn, increased social and political charges toward the Courts, the Government, and the justice system in the country, building a bridge for a brighter future of climate litigation in Indonesia.

Methodology

In light of the increasing urgency of climate change, this article gives an overview of the state of climate change related litigation in Indonesia during the period of 2010 to 2020. It does so by (1) detecting criminal and civil climate change related cases that have been brought before the courts between the years 2010 and 2020; (2) dissecting examples of case studies; and (3) highlighting the trends, driving factors and impacts of climate change related litigation in Indonesia.

Translation

All of these data bases are in Bahasa Indonesia (Indonesian language), so translation was done by the author, in order to have an English language summary of the cases.

Case selection method

My research assistants and I went through the website, using their search engine to identify and pinpoint cases using the phrases of: ‘climate change’, ‘global warming’, ‘greenhouse gasses (GHG) reduction’, ‘microclimate’, ‘macro climate’, ‘mitigation’, and ‘adaptation’ in all court documents available for criminal and civil cases in Indonesian courts (District courts, Appellate courts, and the Supreme Court) that are filed during the period of 2010 to 2020. I chose these phrases because to include a discussion on climate change in a court case, one would have to at least bring about one of these phrases. I did not choose other phrases (for example: fossil fuels, or palm oil) because the case can only be discussing about fossil fuels (or palm oil) without touching upon climate change at all. On the other hand, using the chosen phrases above, directed us to exact cases which use climate change in their court files.

The search engine in the Supreme Court’s directory would let us search one phrase at a time. So we started with ‘climate change’ as our first search phrase, collected the cases, and then continue to our second search phrase: ‘global warming’, then continue with each search phrases as mentioned above. Each case is counted as one case, even though they might contain 2 or 3 of the search phrases. After all the search phrases were inputted, we found 112 (one hundred and twelve) cases which are in relation to climate change litigation. All of these cases are listed in the Supplementary Data  1 , submitted together with this article.

Types of disputes and the names of parties

Data was retrieved from the collected court documents. All related cases then are clustered based on their type of case (criminal, civil, administrative, and judicial review). This study focuses on two basic kinds of legal disputes: civil and criminal. In a civil case, one party sues the other, requesting that the court compel them to pay him money or to do or not do something. Damages are monetary awards, while an “injunction” is a directive to carry out or desist from carrying out a certain action. The “plaintiff” is the individual filing the case, while the “defendant” is the party being sued. In a criminal case, there is no plaintiff nor lawsuit. A government prosecutor fills the position of the plaintiff. The prosecutor submits criminal “charges” as opposed to bringing a lawsuit (or, equivalently, “suing” someone). The prosecutor urges the court to punish the defendant by sending them to jail or fining them instead of asking for money damages or an injunction. The accused is referred to as the defendant, exactly like the individual who is being sued in a civil case.

Level of courts

Each type of case was further segmented according to the level of the court involved (district, appeal, or supreme courts). Each case is inputted into an excel spreadsheet, where we identify the types of the case, parties of the case, substance of the case, level of the court, where climate change argument was made in the case, result of the case, and status of the case (Annex-1: Table of Identified Climate Change Related Cases in Indonesia 2010–2020).

This method has error possibility or would fail to detect climate change related case/s if the Supreme Court Directory somehow missed to upload any cases within the time range period (2010–2020).

Case analysis method

This study uses the case law review as its’ methodology. Case law review often referred as a ‘legal case review’ or ‘legal case analysis’, is a process in which legal scholars examine and analyse a specific legal case 5 . This process involves studying the facts, arguments, legal principles, and outcomes of the studied cases to gain understanding of its significance, implication, and potential impact on the broader legal landscape. This study is a case law review, focusing only on criminal and civil cases 6 of climate change related litigation in Indonesia.

Criminal cases were organized into categories based on the defendant, the case’s verdict type, the primary topic of discussion, and where climate change was brought up during the proceeding. In civil cases, cases were categorized based on the type of verdict, plaintiff type (citizen lawsuit, class action, organization, state, or individual claim), level of court (district, appeal, or supreme court), and how climate change had been raised in the case (e.g. as a claim, as a reply, as an argument in the appeal, or in the expert witness argument). To get at the findings and conclusions of the study, data was then verified using additional sources of literature (books, journal articles, and reports from various organizations).

I examine the trends and motivating factors for the use of climate change in court filings, as well as the effects of doing so, based on these cases. To compare annual amounts over a 10-year period for cases that have patterns in the use of climate change in their court pleadings, cases are grouped by year over the 10-year period. These findings are then examined to determine what motivating factors led to the use of “climate change” in court filings. Additionally, based on this, an analysis is conducted to determine the effects of referencing climate change in court documents at the time.

Suitability of case law review method in climate change litigation research

The “case law review method” is a systematic approach to studying and analyzing climate change-related legal cases in the context of climate change litigation research. In a number of respects, this approach complements previous initiatives in climate change litigation research. These are: (1) Jurisprudence: Climate change related litigation often involves novel legal arguments and interpretations. Insights into how courts have handled similar challenges, set precedents, and formed jurisprudence regarding climate change and environmental law can be gained by reviewing earlier cases, which is helpful to researchers.

(2) Identifying trends and patterns: this method allows researchers to identify trends and patterns in how courts have ruled on climate change related cases. This knowledge can help lawyers and advocates adjust their strategy by indicating which claims or arguments have a higher chance of being accepted.

(3) Contribute to strategic decisions making: Research on climate change related lawsuits includes an awareness of the tactics that have worked in the past instances. By analyzing case law, academics can pinpoint persuasive legal justifications on the issue of climate change, proof techniques, and litigation strategies that can direct future work.

(4) Evaluate drivers, impacts and outcomes: this method provides tools to evaluate drivers, impacts, and methods of climate change litigation research. This informs an understanding of the tangible impact of legal actions on climate issues.

(5) Highlight gaps and challenges: through case law review, researchers can identify the gaps and challenges in the legal frameworks, where litigation has been successful or not successful, and challenges faced by parties.

(6) This method also increases transparency and accountability of courts, by analyzing how the courts have handled climate change related litigation cases. It ensures that legal decisions are well-documented and can be reviewed by stakeholders all over the world.

(7) Climate change related litigation research based on case law review contributes to academic scholarship and the broader understanding of how the legal system intersects with environmental and climate issues.

Data availability

Data on cases used and quoted in the study have been deposited in Mendeley Data Repository: Sulistiawati, Linda (2024), “Climate Change Related Litigation in Indonesia 2010–2020”, Mendeley Data, V1, doi: 10.17632/8djzxvdf3h.1. The data on cases that support the findings of this study is available at https://putusan3.mahkamahagung.go.id/ . This data base on all cases processed in Indonesian court since 2011 onwards is hosted by the Indonesian Supreme Court. The author declares that all data supporting the findings of this study are publicly available, and are available within the paper and its supplementary information files. Source data for figure(s) [number(s)] are provided with the paper. Every case in the analysis is current as of August 1, 2023, which is the research’s cutoff date. The Directory- Indonesian Supreme Court Website is the primary resource for this research. It is an official Directory of Verdicts of the Indonesian Supreme Courts, and all other courts under the Supreme Court, they are-- all levels of: Religious Court, Civil Court, Criminal Court, Special Criminal Court, Administrative Court, Special Civil Court, Military Criminal Court, Tax Court, and Justiciability Dispute. The website is organized and maintained by the Indonesian Supreme Court since 2014. As of today, this is the most reliable source of cases of the courts in Indonesia. However, some cases are also uploaded in their original district and high courts’ online directory, some which are available online. We use these district and high courts’ online directories as supplemental source to the supreme court’s directory.

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Acknowledgements

I would like to acknowledge my host institution the Asia-Pacific Centre for Environmental Law in National University of Singapore Law, Singapore, and my home institution the Faculty of Law Universitas Gadjah Mada, Indonesia, for their support in writing this research. I would also like to thank and greatly appreciate my research assistants for their tireless work in assisting me during the nitty gritty of research and inscription this article, they are: Mochammad Adib Zain (2017–2019), Frendy Tanoto Yoga (2018–2019), Nanda Zyitta Puspitasari (2019–2020), Ibrahim Hanif (2023), and Wibisena Caesario (2023-2024). Without every single one of you I will not be able to complete this study.

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Sulistiawati, L.Y. Climate change related litigation in Indonesia. Commun Earth Environ 5 , 522 (2024). https://doi.org/10.1038/s43247-024-01684-1

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Received : 06 June 2023

Accepted : 04 September 2024

Published : 19 September 2024

DOI : https://doi.org/10.1038/s43247-024-01684-1

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