This article by Alex Brown was published on the Pew Charitable Trust website on October 30, 2019.
When members of the White Earth band of Ojibwe in Minnesota take out their canoes to harvest wild rice, they’re gathering a source of nourishment and following a tradition that has connected them to the land for generations.
But to the White Earth people, manoomin isn’t just a resource to be used — it’s an independent entity with the right “to exist, flourish, regenerate and evolve.”
Other tribes and even some cities also are embracing the idea that Mother Nature has legal rights — setting the stage for court battles that could shake governments, businesses and the environmental movement.
Earlier this year, voters in Toledo, Ohio, passed the Lake Erie Bill of Rights, which declared “irrevocable rights for the Lake Erie Ecosystem to exist, flourish and naturally evolve.” The measure would give the ecosystem legal standing, which means that the lake — with help from a human guardian — could enter the court system as a plaintiff and sue polluters.
Recognizing “rights of nature,” as the concept is known, also would shape city and state permitting and planning decisions. And it might become a powerful tool in fighting climate change and habitat loss.
But it’s still uncertain if any of the forms the movement has taken — protecting specific watersheds, habitats and species — will prove most effective as a legal tactic. And critics in business and government contend that overly broad declarations could paralyze important development and infrastructure if entire habitats are rendered untouchable.
“Our legal system gives corporations rights, but treats nature as property that can be exploited,” said Tish O’Dell, Ohio organizer with the Community Environmental Legal Defense Fund, which helped back the ballot measure. “If we don’t have the right to clean air and clean water in the Constitution, that was because our Founding Fathers couldn’t even fathom that would be something you’d need to write in.”
(To read the rest of this article at its original source please click HERE.)