Editorial

Beware the ‘rights of nature’

Wesley J. Smith Senior Fellow, The Discovery Institute
Font Size:

Mother Earth has rights too! At least that’s what radical environmentalists say. And they mean it literally. Deep ecologists, global warming alarmists and other assorted green radicals want to accord legally enforceable “rights” to “nature,” thereby subverting human exceptionalism by demoting us, in effect, to just another species in the forest.

This isn’t a future threat. “Nature rights” has been legally adopted in Ecuador and Bolivia, as well as more than 20 American municipalities — including Pittsburgh, which included the rights of nature in an ordinance preventing natural gas fracking within the city’s boundaries.

What would the rights of nature entail? Ecuador’s constitution defines what is meant very clearly. First, they are co-equal with those of people:

Persons and people have the fundamental rights guaranteed in this Constitution and in the international human rights instruments. Nature is subject to those rights given by this Constitution and Law.

Article 1 then provides the functional equivalent of a right to life:

Nature or Pachamama [the Goddess Earth], where life is reproduced and exists, has the right to exist, persist, maintain and regenerate its vital cycles, structure, functions and its processes in evolution.

Promoting nature rights has also become part of anti-global warming advocacy. Indeed, it has been proposed for inclusion in the draft United Nations treaty to combat climate change, stating that the nations of the world should be bound legally to recognize and defend “the rights of Mother Earth to ensure harmony between humanity and nature.”

Rights of Mother Earth!? Pachamama? Sounds disturbingly like the proposed legal establishment of a neo earth religion to me.

Metaphysics aside, think about the adverse impact that granting rights to nature would have on human thriving. Pond scum and pollywogs are part of nature. So are stink bugs, grass, poison ivy, pigeons and all other flora, fauna and indeed, if applied literally, so too are mountains, rivers and other inanimate natural objects. If these individual and collective aspects of the natural world have the “right” to “exist, persist, maintain and regenerate,” it could stop most development and exploitation of natural resources in their tracks — which, of course, is precisely the point.

At the very least, “nature rights” would require us to give equal consideration to creatures and other organisms that might be impacted adversely by human activities, and more subversively, open the courtroom doors to radical environmentalist lawyers who would surely fire a continual barrage of lawsuits seeking to uphold the rights of their animal and vegetable clients. Indeed, the Community Environmental Legal Defense Fund — a driving force within the Nature Rights Movement — states on its website:

What happens when nature’s rights and human rights conflict?

The same thing that happens when different human rights conflict — a court weighs the harms to the interests, and then decides how to balance them. Given that ecosystems and nature provide a life support system for humans, their interests must, at times, override other rights and interests. Otherwise, we wouldn’t have a planet to inhabit that would support our continued existence. Of course, humans are an integral part of nature as well, which means that human needs must also be considered when the rights and interests of ecosystems come into conflict with those of humans.

Talk about a full employment guarantee for lawyers! Imagine the courtroom backlog that would be created if “nature” could sue every time enterprising humans wanted to act enterprisingly with their own property. Indeed, imagine trying to obtain a liability insurance policy. Good luck with that! But then, nature rights would prevent us from truly owning property. We would become, at best, mere trustees for all of the life forms on the particular tracts of land that we no longer truly owned.

If nature rights can be viewed as a shield preventing people from exploiting and developing natural resources, a new “sword” has emerged that would criminally punish large-scale development as an “international crime against peace.” Called “ecocide,” it is promoted by activists as legally equivalent to the most heinous international crimes, such as genocide.

Here is how ecocide is defined by its promoters:

Ecocide is the extensive destruction, damage to or loss of ecosystem(s) of a given territory, whether by human agency or other causes, to such an extent that peaceful enjoyment by the inhabitants of that territory has been severely diminished.

Please pay very close attention: The word “inhabitants” does not necessarily — or even, primarily — mean human beings. Rather, it mostly refers to flora and fauna, which means that the interests of denizens of the natural world are deemed to be of equal (or greater) importance than human thriving.

Ecocide would profoundly undermine prosperity by criminalizing large-scale human resource or land development. Thus, a mock trial was held recently in the chambers of the United Kingdom’s Supreme Court, charging the CEO in charge of developing the Alberta Tar Sands with ecocide. Of course, he was found guilty. Were ecocide really a crime, he would face life in prison like Rudolph Hess.

Radical environmental misanthropy is on the march. Its activists are well-funded and ideologically committed. The time has come to stop rolling our eyes at the seeming insanity of the proposals and take the threat of granting rights to Mother Earth seriously. The future of human prosperity and thriving could well depend on it.

Wesley J. Smith, an attorney and author, is a senior fellow at the Discovery Institute’s Center on Human Exceptionalism.

PREMIUM ARTICLE: Subscribe To Keep Reading

Sign up

By subscribing you agree to our Terms of Use

You're signed up!

Sign up

By subscribing you agree to our Terms of Use

You're signed up!
Sign up

By subscribing you agree to our Terms of Use

You're signed up!

Sign up

By subscribing you agree to our Terms of Use

You're signed up!
Sign up

By subscribing you agree to our Terms of Use

You're signed up!

Sign Up

By subscribing you agree to our Terms of Use

You're signed up!
Sign up

By subscribing you agree to our Terms of Use

You're signed up!
Sign up

By subscribing you agree to our Terms of Use

You're signed up!
BENEFITS READERS PASS PATRIOTS FOUNDERS
Daily and Breaking Newsletters
Daily Caller Shows
Ad Free Experience
Exclusive Articles
Custom Newsletters
Editor Daily Rundown
Behind The Scenes Coverage
Award Winning Documentaries
Patriot War Room
Patriot Live Chat
Exclusive Events
Gold Membership Card
Tucker Mug

What does Founders Club include?

Tucker Mug and Membership Card
Founders

Readers,

Instead of sucking up to the political and corporate powers that dominate America, The Daily Caller is fighting for you — our readers. We humbly ask you to consider joining us in this fight.

Now that millions of readers are rejecting the increasingly biased and even corrupt corporate media and joining us daily, there are powerful forces lined up to stop us: the old guard of the news media hopes to marginalize us; the big corporate ad agencies want to deprive us of revenue and put us out of business; senators threaten to have our reporters arrested for asking simple questions; the big tech platforms want to limit our ability to communicate with you; and the political party establishments feel threatened by our independence.

We don't complain -- we can't stand complainers -- but we do call it how we see it. We have a fight on our hands, and it's intense. We need your help to smash through the big tech, big media and big government blockade.

We're the insurgent outsiders for a reason: our deep-dive investigations hold the powerful to account. Our original videos undermine their narratives on a daily basis. Even our insistence on having fun infuriates them -- because we won’t bend the knee to political correctness.

One reason we stand apart is because we are not afraid to say we love America. We love her with every fiber of our being, and we think she's worth saving from today’s craziness.

Help us save her.

A second reason we stand out is the sheer number of honest responsible reporters we have helped train. We have trained so many solid reporters that they now hold prominent positions at publications across the political spectrum. Hear a rare reasonable voice at a place like CNN? There’s a good chance they were trained at Daily Caller. Same goes for the numerous Daily Caller alumni dominating the news coverage at outlets such as Fox News, Newsmax, Daily Wire and many others.

Simply put, America needs solid reporters fighting to tell the truth or we will never have honest elections or a fair system. We are working tirelessly to make that happen and we are making a difference.

Since 2010, The Daily Caller has grown immensely. We're in the halls of Congress. We're in the Oval Office. And we're in up to 20 million homes every single month. That's 20 million Americans like you who are impossible to ignore.

We can overcome the forces lined up against all of us. This is an important mission but we can’t do it unless you — the everyday Americans forgotten by the establishment — have our back.

Please consider becoming a Daily Caller Patriot today, and help us keep doing work that holds politicians, corporations and other leaders accountable. Help us thumb our noses at political correctness. Help us train a new generation of news reporters who will actually tell the truth. And help us remind Americans everywhere that there are millions of us who remain clear-eyed about our country's greatness.

In return for membership, Daily Caller Patriots will be able to read The Daily Caller without any of the ads that we have long used to support our mission. We know the ads drive you crazy. They drive us crazy too. But we need revenue to keep the fight going. If you join us, we will cut out the ads for you and put every Lincoln-headed cent we earn into amplifying our voice, training even more solid reporters, and giving you the ad-free experience and lightning fast website you deserve.

Patriots will also be eligible for Patriots Only content, newsletters, chats and live events with our reporters and editors. It's simple: welcome us into your lives, and we'll welcome you into ours.

We can save America together.

Become a Daily Caller Patriot today.

Signature

Neil Patel