The recent landmark decision in the Held v. Montana case has highlighted the importance of recognizing the right of young people to a safe climate and using it as a foundation for essential environmental protections. This legal recognition demonstrates the power that comes with acknowledging environmental protection as a basic right belonging to all people. While progress has been made in protecting the rights of people to a healthy environment, there is still work to be done in securing similar protections for the rights of nature.
Across the United States, the rights of people and nature to a clean, safe, and healthy environment are often sacrificed for political gain. In response, efforts are being made to shift this power dynamic, allowing for legal action to be taken when government actions pose threats to communities and nature through environmental pollution and destruction.
Two different but complementary pathways are emerging – one focused on securing a constitutional right of people to a clean, safe, and healthy environment, and the other on giving legal rights to nature within the US judicial system. These movements seek to elevate the rights of all communities, both human and nonhuman, who share the planet.
The Green Amendments Movement
The national Green Amendment movement aims to secure a constitutional right for people to a clean and healthy environment. On the other hand, the Rights of Nature movement focuses on empowering nature itself to enforce its own right to exist and thrive.
Both movements play important roles in shifting the way people view and protect the natural world. They seek to raise expectations for environmental protection from elected officials and provide legal mechanisms for accountability when environmental laws are violated.
While Green Amendments focus on securing enforceable constitutional rights for people, Rights of Nature aims to give nature a legal standing in the courts to enforce existing environmental protection laws independently of human harm.
Empowering Nature in the Courts
The Rights of Nature movement seeks to ensure that nature itself has the right to go to court to enforce environmental protection laws. This recognition allows for legal accountability where nature itself can be its own champion, independent of human interests.
Both Green Amendments and Rights of Nature initiatives aim to raise the bar for environmental protection, providing legal mechanisms to hold government officials accountable and protect nature for the benefit of all people and future generations.
As we navigate the changing legal landscape, we must recognize the importance of empowering both people and nature to protect the environment and uphold the rights of all communities.
About the Author
Maya K. van Rossum is founder of the national Green Amendments For the Generations movement and organization and leader of the Delaware Riverkeeper Network.
