Rights of Nature
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Rights of Nature is a legal movement focused on enshrining specific rights for non-human entities in local, state, or federal law. This builds on the concept that corporations (which are entities made of humans) have distinct rights. Under a rights of nature scenario, humans may assume guardianship or trusteeship and sue for the purpose of Protection, Regulation or make a claim of damages and demand Restoration,. Because ecosystems cannot advocate for themselves, the body and interests of natural entities are largely to-be-defined.
International and National Examples[edit]
- Equador?
- New Zealand?
Efforts in the Salish Sea[edit]
- The Earth Law Center as started an initiative to call for a state law recognizing rights of orca to certain conditions that support their communities. It is proposed then that private entities could then pursue legal action to contest violations of those rights on behalf of the Southern Resident Killer Whale
- A FAQ Sheet best describes their analysis, and provides links to additional resources.
- The City of Gig Harbor has passed a resolution calling for a rights of nature approach.
- The City of Port Angeles has passed a resolution calling for rights for SRKW (need to find citation)
- Community Rights of San Juan Islands are exploring rights of nature issues.
- Protect Lane County Watersheds is pursuing a rights of nature approach in the Upper Willamette Watershed.
- https://www.seattletimes.com/seattle-news/environment/rights-of-nature-movement-gains-steam-in-pacific-northwest-can-it-help-species-on-the-brink/
- 2024 - City of Everett passed an ordinance 24-03, assigning rights to the Snohomish River.
- Snohomish County Community Rights - Workgroup https://sccr2017.org/
- 2024 May 22 - Snohomish Tribute Article
- 2024 Oct 29 - Pacific Legal Foundation Opinion Piece
- 2024 Dec 5 - Inside Climate News Article
Questions[edit]
- How do these efforts define the interests of a river? What defines existance, thriving, or wellbeing which can be harmed?
- How do these efforts define the body of the river--that which can be harmed? Does it have physical or biological boundaries?
- How do these efforts define a legal standard for proof of harm?
- How does this related to trustee-based damage claims under NRDA?