This podcast explores the origins and implementation of rights of nature in the US, including a tribal court case involving wild rice, the impact of a court decision on dark money in politics, a lawsuit against Disney over a proposed ski resort, the challenge to the concept of nature as property, and the global perspective on rights of nature.
The idea of recognizing the rights of nature in the legal system originated from a case in which Walt Disney Productions wanted to build a ski resort in Sierra National Forest and was sued by the Sierra Club to try to stop it.
The United States faces difficulties in integrating the concept of rights of nature into its legal system due to the Supreme Court's decision in the Citizens United case, which granted First Amendment rights to corporations, the focus on corporate property rights, and the outdated mechanistic view of nature in Western law.
Deep dives
The push for rights of nature started with a lawsuit against Walt Disney Productions
In the 1970s, Walt Disney Productions wanted to build a ski resort in Sierra National Forest, which was sued by the Sierra Club to try to stop it. This case sparked the idea of recognizing the rights of nature in the legal system.
The challenges of integrating rights of nature in the American legal system
The United States faces difficulties in integrating the concept of rights of nature into its legal system. The Supreme Court's decision in the Citizens United case, which granted First Amendment rights to corporations, contributed to the resistance towards recognizing ecosystems as having legal rights. The focus on corporate property rights and the outdated mechanistic view of nature in Western law further hinder the adoption of rights of nature.
Efforts to recognize rights of nature in different countries and communities
Various countries and communities around the world have been exploring the recognition of rights of nature. Ecuador became the first country to include rights of nature in its constitution in 2008. Other regions, such as New Zealand, India, Colombia, and Mexico, have also been considering introducing rights of nature into their legal frameworks. The movement is framed differently in each context, reflecting cultural and environmental perspectives.
Challenges and questions surrounding rights of nature
As the recognition of rights of nature spreads, challenges arise regarding implementation and decision-making. Determining which ecosystems have rights, defining appropriate guardians for nature, and addressing conflicting rights between ecosystems are all areas of concern. The legal system is grappling with integrating this new concept in order to balance human interests with the inherent value of nature.