Showing posts with label Aldo Leopold. Show all posts
Showing posts with label Aldo Leopold. Show all posts

Friday, August 12, 2016

Environmental views on the US Supreme Court

A year ago we noted Jed Purdy's review of Jonathan Cannon's Environment in the Balance: The Green Movement and the Supreme Court (Harvard UP, 2014). Now we have Anthony Penna's review of the same in Environmental History. An excerpt:
Jonathan Z. Cannon’s Environment in the Balance argues that the majority of the Supreme Court’s decisions regarding environmental legislation reflected a struggle between competing and conflicting beliefs and values. Environmental laws embraced “an ecological model of the world” (p. 1) that posits interconnections among humans and the natural world and seeks to protect it from potentially harmful human activities across place and time. In contrast, the Supreme Court’s conservative majority during the last forty years (highlighted by the appointment of Associate Justice Scalia in 1986) represented a different set of values and beliefs, stressing individualism, property rights, economic growth, and limited government.
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It is difficult to imagine a more complete analysis of the Supreme Court’s conservative direction when interpreting environmental legislation. Chapter 2, “Environmental Law, the Court, and Interpretation,” provides the background for thirty selected cases from a group of 150 significant environmental cases decided between 1970 and 2014 and an interpretive guide for categorizing majority and minority positions. Chapter 3, “Environmental Urgency and Law,” reinforces the author’s thesis that the deep-seated beliefs and values of justices inform their decisions when interpreting environmental laws.
Chapter 4, “Law for the Environmental Other,” explores the Court’s findings when the rights of the other conflicts with human use and benefit. In cases in which species protected by the Endangered Species Act, 1964 and the Marine Mammal Protection Act, 1972 were litigated, the Court rejected arguments that reflected Aldo Leopold’s ecocentric perspective.
In Chapter 5, “Efficiency,” Cannon notes that from 1972 to 2007 the Court resisted using cost-benefit-analysis in environmental and worker safety statutes. 

Wednesday, January 7, 2015

Worster on the Wilderness Act

The last year has seen a lot of reflection of the US Wilderness Act of 1964, including a symposium, a special issue of Environmental Law, a website, and books. The October issue of Environmental History includes several pieces on the Act as part of its Reflections and Gallery sections. First is environmental historian Donald Worster's "The Higher Altruism", which moves from history to thoughts on ecocentrism and environmental justice:
Only the human species could mourn another creature’s extinction or work to protect earth’s ecosystems. It is our unique contribution to conservation. The conservation of energy and matter for the sake of survival are common behaviors throughout the plant and animal kingdoms, but not the conservation of otherness, of wholeness and balance, of endangered communities of life. Those require the evolution of what we might call the higher altruism, an intentional selflessness that may have an element of self-interest but expands to find moral purpose in the act of preservation. Aldo Leopold called it a “land ethic,” but we can also call it a more thoughtful and ambitious preservation of diversity, ecological integrity, and wildness on the planet.
America reached a high point of ecological altruism in 1964 with the passage of the Wilderness Act. Like most moral visions, this one was layered over with vestigial language from the past: wilderness as a “resource,” wilderness as a place to “use and enjoy,” wilderness as an opportunity for “solitude or a primitive and unconfined type of recreation.” Those well-worn justifications were the result of more than sixty revisions needed to gain the approval of two houses of Congress, as well as various conservationist groups, who often were still thinking in anthropocentric and utilitarian terms. But unmistakably the act changed the focus of conservation, away from human needs and material demands to the needs of the other than human world.
Signs in Kalmiopsis Wilderness (Rene Casteran, wilderness.net,
reproduced on front cover of Environmental History
Further on:
The moral cause of preservation remained politically strong until the presidency of Ronald Reagan, who led a backlash that tried to brand preservation as a kind of selfishness that would prevent the majority of Americans from improving their standard of living. True, Reagan signed bills adding nearly 11 million acres of protected wilderness. At the same time, however, he appointed to office people who worked relentlessly to open all public lands to oil, gas, and coal development, to tree cutting, mineral extraction, road building, and motorized recreation, who were determined to block the change in moral perspective that wild lands preservation signified. The subsequent rise of neoconservatism in American society has tended to accept conservation for narrow economic purposes while rejecting conservation for more altruistic ends. The Reagan legacy has often forced preservationists to reemphasize more human-centered goals (e.g., wilderness protection for its tourist potential) and to pursue their more radical goals on private instead of public lands.
More surprisingly, the moral vision of the preservation movement, its commitment to saving and freeing the earth’s community of life, has recently come under fire by critics on the left, who make strange bedfellows with the neoconservatives. Preservationists, we are now told by a growing number in the “save the humans” party, lack a sense of social justice. They want to protect nature from exploitation not only by capitalist ranchers, oil companies, and real estate developers but also by those who are relatively weaker in terms of power or money, whether they are American Indians or peasant farmers in Africa. Anyone who pursues a preservationist vision stands accused of indifference toward the economic needs of the world’s poor. Protecting wilderness and wildlife has become, by this reasoning, an act of aggression against vulnerable people who want and need to exploit the oil, wood, or game that nature offers. To exclude people from any part of the natural world, it is argued, is to deny those people’s rights and to collude in their mistreatment.

Sunday, June 15, 2014

Protected areas in history

H-Environment's latest Roundtable Review is of Peter S. Alagona's After the Grizzly: Endangered Species and the Politics of Place in California  (UC Press, 2013) (we mentioned the book in a post last year). Laura Watt writes in her contribution that Alagona's "marvelous book... gives a detailed history not only of how species often become proxies for broader environmental debates, but also how protected areas, usually publicly owned, have become the go-to solution for almost all wildlife management conundrums."
Alagona reminds us that this landscape approach did not begin with the ESA.  He traces it all the way back to the last California grizzly, “Monarch,” to die in captivity. Having been captured on orders from William Randolph Hearst, and then settled into his new home at the San Francisco Zoo, Monarch’s fate seemed regretful to his captor, reporter Allan Kelly, who recalled feeling that “he ought to be free in his native mountains” (17).  From there, scientists like Joseph Grinnell and his students, wildlife managers in state and later federal agencies, and environmental advocates and activists increasingly presumed that habitat preservation was the key to species’ recovery from the brink of extinction.
AfterTheGrizzly-PeterAlagona.jpgExcept that in many cases, they were wrong.  Alagona describes reserves as necessary but insufficient, and concludes that results to date have been mixed.
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Protected areas are legally bounded but ecologically porous, meaning that the ecological relationships within them can and will change over time, and creating them can often be politically controversial, particularly they are established to the detriment of local communities. Yet this “protected areas paradigm” remains dominant in conservation work and advocacy. 
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In some ways, it seems that endangered species pose management questions we simply do not have answers for, either ecologically or politically.  Alagona quotes Aldo Leopold as writing that “the government can’t buy ‘everywhere,’” and that “…a protected area paradigm that attempts to wall off wildlife and confine its management to a small community of experts risks doing the exact opposite of what Leopold advised” (232).  Yet it is not always clear what alternatives we have.

Monday, December 23, 2013

Environmental law and the collapse of New Deal constitutionalism

Arthur McEvoy's recent article, "Environmental law and the Collapse of New Deal Constitutionalism", he writes, is a prĂ©cis for a book in progress about the history of late twentieth-century U.S. environmental law, a book to which I am very much looking forward. (His The Fisherman's Problem (Cambridge UP, 1986) is a key work of environmental-legal history.) The article, he writes:
FDR
argues that our modern environmental law is peculiarly a creature of the New Deal. Despite its obvious legacy from common-law nuisance and Progressive regulation, what makes modern environmental law different from anything that came before is the way in which reformers built it out of parts copied from New Deal reform projects: cooperative federalism, the tax-and-spend power, representation-reinforcing, rights trumps, and so on. Environmental law’s history, its character, its accomplishments, and its shortcomings thus entwined with those of the New Deal regime as a whole, as it reached the peak of its vigor in the early 1970s and decayed gradually but steadily thereafter.

Thursday, June 27, 2013

Aldo Leopold's last talk

Dan Ernst at the Legal History Blog has this post:
A Sand County Almanac was a big book for me as an adolescent, so I’m especially happy to note that Eric T. Freyfogle, University of Illinois College of Law, has posted Leopold's Last Talk, which appears in the Washington Journal of Environmental law and Politics 2 (2012); 236.