TREES SHOULD HAVE STANDING – Sierra Club v. Morton: some Justice Wm. Douglass dissent

Inanimate objects are sometimes parties in litigation. A ship has a legal personality, a fiction found useful for maritime purposes. The corporation sole — a creature of ecclesiastical law — is an acceptable adversary, and large fortunes ride on its cases. The ordinary corporation is a “person” for purposes of the adjudicatory processes,² whether it represents proprietary, spiritual, aesthetic, or charitable causes.
So it should be as respects valleys, alpine meadows, rivers, lakes, estuaries, beaches, ridges, groves of trees, swampland, or even air that feels the destructive pressures of modern technology and modern life. The river, for example, is the living symbol of all the life it sustains or nourishes — fish, aquatic insects, water ouzels, otter, fisher, deer, elk, bear, and all other animals, including man, who are dependent on it or who enjoy it for its sight, its sound, or its life.* The river as plaintiff speaks for the ecological unit of life that is part of it. Those people who have a meaningful relation to that body of water — whether it be a fisherman, a canoeist, a zoologist, or a logger — must be able to speak for the values which the river represents, and which are threatened with destruction.
Mineral King is doubtless like other wonders of the Sierra Nevada such as Tuolumne Meadows and the John Muir Trail. Those who hike it, fish it, hunt it, camp³ in it, frequent it, or visit it merely to sit in solitude and wonderment are legitimate spokesmen for it, whether they may be few or many. Those who have that intimate relation with the inanimate object about to be injured, polluted, or otherwise despoiled are its legitimate spokesmen.


* emphasis mine
¹ [p742] 
² [p743] 
³ [p745]
[p749] “the recurring question which has plagued public regulation of industry [is] whether the regulatory agency is unduly oriented toward the interests of the industry it is designed to regulate, rather than the public interest it is designed to protect.”
[p750] The voice of the inanimate object, therefore, should not be stilled. That does not mean that the judiciary takes over the managerial functions from the federal agency. It merely means that, before these priceless bits of Americana (such as a valley, an alpine meadow, a river, or a lake) are forever lost or are so transformed a to be reduced to the eventual rubble of our urban environment, the voice of the existing beneficiaries of these environmental wonders should be heard.


Thank you Notorious RBG & “Notorious RBG,” the book

  Great point made by a Swedish journalist on parenting: “Actually, there is no biological connection whatsoever between the function of giving birth  to and nursing a child and the function of washing its  clothes, preparing its food, and trying to bring it up to be  a good and harmonious person, Both  men and women…

Justice William O. Douglass: trees have standing

  For over a decade, now, I have always, always had a digital voice recorder. I have also always required constant pencil and paper – something I’m never without. The bulk of the space on my Dig Voice Recorders – running on 3A batteries which rocks more than you can know unless you know, is bullshit like this. Verbal journaling…

Justice and the Course of History

(extracted from the rambling version that includes “how we play chess”) Justice and the Course of History And so now I will attempt to briefly set down my idea that could practically be accomplished right at this moment – depending on whether the U.S. Supreme Court could be persuaded to address the issue, which I believe…

Meet Your Supreme Court Judge: Justice Ginsburg

Justice Ginsburg’s Senate Confirmation hearings were extraordinarily collegial, even for that time in history. Both Democrats and Republicans were awed by the extremely  high ethical bar she set for herself, not only as a jurist in the D.C. Court, but also as an advocate in the years preceding her appointment to the bench. Despite the overflowing praise…

I don’t see any way this doesn’t end up in front of SCOTUS

Case Name Sarsour v. Trump IM-VA-0005 Docket / Court 1:17-cv-00120 ( E.D. Va. ) State/Territory Virginia <!—-> Case Type(s) Immigration Special Collection Civil Rights Challenges to Trump Immigration/Refugee Orders Case Summary <!– compress summary –> This class action, filed January 30, 2017, challenges President Trump’s Jan. 27, 2017 Executive Order ban on admission to the…

justice

**For those uninterested in my alterations on the game of chess or other random free-flowing thoughts and want only to skip straight to changing the world, scroll down to “Justice and the Course of History.” (as an aside i apparently seem done with capitalization. we’ll see if that changes. Okay. Fuck. Oh, well, it was worth…