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Archive for Linda Sheehan

Stepping stones – Tom Brenan reviews Exploring Wild Law

From Ecologist, by Tom Brenan

Tom Brenan discovers a wide range of voices from Earth law proponents around the world……

“In his preface to this collection of short articles, the editor Peter Burdon, says that the book is intended to be one step towards fulfilling Thomas Berry’s call for the Great Work ‘to carry out a transition from a period of human devastation of Earth to a time when humans would be present to the planet in a mutually beneficial manner’. While it is focused on law it also aims to appeal to those engaged in science, philosophy, religion and cultural studies.”

…”it is … a very important summary of Earth Jurisprudence’s evolution. Maybe the steps needed aren’t so big after all.”

Read Tom Brenan’s full review at TheEcologist, Stepping Stones

More about Exploring Wild Law from Wakefield Press:
Exploring Wild Law: The Philosophy of Earth Jurisprudence, Peter Burdon (ed.), Wakefield Press, 2011, ISBN 9781862549463
Exploring Wild Law The Philosophy of Earth Jurisprudence

Wild Law is a groundbreaking approach to law that stresses human dependence on nature. For the first time, this volume brings together voices from the leading proponents of wild law around the world.
Exploring Wild Law, The Philosophy of Earth Jurisprudence introduces readers to the idea of wild law and considers its relationship to environmental law, the rights of nature, science, religion, property law and international governance.

Compiled and edited by Peter Burdon, Exploring Wild Law is a collection of essays written by leaders in the field of Earth Jurisprudence! Among the authors are Thomas Berry, Ng’ang’a Thiong’o, Peter Burdon, Cormac Cullinan, Klaus Bosselmann, Linda Sheehan, Mari Margil, Judith E. Koons and many others.

Santa Monica Recognizes Legal Standing for Ecosystems

Legalizing Sustainability? Santa Monica Recognizes Rights of Nature

11th April, 2013 – Posted by Shannon Biggs
Reprinted from Global Exchange Media Release

First-in-California law seeks to make sustainability legal

On April 9, the City Council of Santa Monica voted 7-0 to adopt the state’s first ever Bill of Rights for Sustainability, directing the city to “recognize the rights of people, natural communities and ecosystems to exist, regenerate and flourish.” Santa Monica joins dozens of U.S. communities, the nations of Ecuador, Bolivia, and New Zealand in the fast-growing movement for Nature’s Rights.

With the passage of this ordinance, Santa Monica challenges the legal status of nature as merely property, and empowers the City or residents to bring suit on behalf of local ecosystems. While not eliminating property ownership, these new laws seek to eliminate the authority of a property owner to destroy entire ecosystems that exist and depend upon that property. The ordinance also mandates the City to follow the Sustainable City Plan as a guide for decision-making to maximize environmental benefits and reduce or eliminate negative environmental impacts.

“As a city with very little green space or fresh local water, becoming a model for sustainability and moving toward self-reliance is important for our community’s long term well-being,” says Cris Guttierez, organizer for Santa Monica Neighbors Unite!, a group that organized and mobilized residents to support the law. “We’re proud to be on the cutting edge of environmental protection.”

The idea came about from conversations between Mark Gold, the 20-year Chair of Santa Monica’s Task Force on the Environment, and Linda Sheehan, who now directs the nonprofit Earth Law Center. “Linda and I had been pretty successful over the years in the water quality arena,” says Gold. “But we realized that despite all our good work protecting public health and environmental resources, we were still as a society going backwards in the big picture. It was time to shake things up, recognize the existing environmental laws just weren’t doing the job and that sustainability wasn’t actually possible as long as we treat nature as a thing to be exploited.”

Sheehan, also an environmental attorney, brought in California-basedGlobal Exchange and Pennsylvania law group, theCommunity Environmental Legal Defense Fund(CELDF), organizations specializing in assisting communities to write new laws to place the rights of communities and ecosystems above corporate profits, to hold a 3-day “Democracy School” training in Santa Monica.

Sheehan and Global Exchange’s Community Rights program director, Shannon Biggs then presented draft ordinances to the Task Force on The Environment. As Shannon Biggs, Community Rights Director for Global Exchange told the Task Force, “Recognizing rights for nature does not stop development; rather it stops the kind of development that interferes with the existence and vitality of those ecosystems.”

The process took about three years in total, and the ordinance went through several changes during the course of numerous Task Force and other public meetings.  The ordinance was eventually submitted to the city council in 2012.  At that time, before a packed chamber, dozens of residents spoke in support of the ordinance, spurring the council to pass a resolution in support of its Rights of Nature provisions.

Then, in a surprise move, Santa Monica’s City Attorney, Marsha Jones Moutrie, met with Sheehan and Gold to talk about the ordinance and its framework of rights, and ended up drafting a new version — ultimately becoming the ordinance that passed by unanimous vote of the Council this year. “The final ordinance is not as strong as the original, notes Global Exchange’s Biggs, citing a few examples, “it doesn’t strip Constitutional protections like corporate personhood or the Commerce Clause that enable corporations to override community concerns, and it doesn’t strictly prohibit any activities, which means it is up to the community to keep the pressure on the city to enforce it when something comes up. But it’s a step forward for brand new environmental protections.”

Gold and Guttierez don’t believe holding the City’s feet to the fire will be a problem, and the ordinance does mandate regular public reviews of the Sustainability City Plan and forces the city to take action if goals aren’t being met. As Guttierez notes, “Working to educate people about rights of nature and the ordinance was a challenge, but now our work really begins. Many goals we could not lay out in the ordinance, but at the same time, that’s what we should be driving for, practical measurable goals. Turning it into an educational tool is exciting. Sustainability is now our legal commitment.”

Earth guidebook: Cullinan’s ‘Wild Law’

In response to the growing Rights of Nature movement in Vermont, including the proposed Rights of Nature amendment to the Vermont State Constitution, the Burlington Free Press, Burlington, VT has published three articles:

Earth guidebook: Cullinan’s ‘Wild Law’ by Cormac Cullinan, includes excerpts from Cullinan’s “Wild Law: A Manifesto for Earth Justice”.  Cormac Cullinan is a South African Environmental Attorney.  A founding and Executive Team member of the Global Alliance for Rights of Nature, Cormac is a global advocate for Rights of Nature.

The law, Marx and Mother Earth by Free Press Staff Writer Joel Banner Baird details the Vermont movement to implement Rights of Nature in the State Constitution as proposed by Stephen Marx.

Earth Law’s long reach by Free Press Staff Writer Joel Banner Baird interviewing Linda Sheehan, Executive Director of the Earth Law Center and instructor of the Earth Law class at Vermont Law School.  Stephen Marx audited Sheehan’s class in 2012.

The law, Marx and Mother Earth

See you in court? Mother Earth has an ally in Stephen Marx on the march for her legal rights in Vermont.

Read the full article The law, Marx and Mother Earth in the Burlington Free Press, by Joel Banner Baird, Burlington, VA.

Joel Banner Baird details Stephen Marx’s determination to add “Ch.1, Article 22 (Rights of Nature). That the natural environment of Vermont, including its forests, natural areas, surface and ground waters, and fish and wildlife populations, has certain natural, inherent and unalienable rights to clean water and air.” to the Vermont State Constitution.

In 2012, Marx’s home town of Strafford voted to approve the amendment to grant legal rights to Nature.  The amendment is moving forward to other townships in Vermont.

Baird references allies who have taken similar steps, from Ecuador to the City of Pittsburgh, PA.

In response to a threat to groundwater posed by hydro-fracking, the city of Pittsburgh passed a law, a section of which reads:

“Natural communities and ecosystems, including, but not limited to, wetlands, streams, rivers, aquifers, and other water systems, possess inalienable and fundamental rights to exist and flourish within the City of Pittsburgh. Residents of the City shall possess legal standing to enforce those rights on behalf of those natural communities and ecosystems.”

Dozens of other jurisdictions have similar laws on the books, documented on the Earth Law Center website: earthlaw.org.

Why did Stephen Marx initiate the State Constitution amendment process?

The 2010 U.S. Supreme Court decision in favor of “corporate personhood” (in Citizens United vs. Federal Election Commission) tipped the scales.

“It was really bothering me. I was getting angrier and angrier,” Marx remembers. “I tend to shut down when I’m angry, so I walked up the hill with May (his dog). I said to myself, ‘Wait a second — corporations have rights. We gave them rights; I gave them rights’ — I mean, I vote; I accept responsibility. It means that corporations can do whatever they want, but the Earth can’t. And that was it.

Everyone had been saying ‘We can change this,’” Marx continued. “And then it came to me: We can’t change this — no one’s going to change multinational corporations. But maybe we can make it an even playing field. It became something positive, instead of a negative.”

Then he audited the Earth Law course at Vermont Law School taught by Linda Sheehan, Executive Director, Earth Law Center.

Read the full article The law, Marx and Mother Earth in the Burlington Free Press, by Joel Banner Baird, Burlington, VA.

Rights of Nature on Terra Verde KPFA Radio

Terra Verde, for January 11, 2013 – 1:00pm

Linda Sheehan - Earth Law Center

Linda Sheehan – Earth Law Center

How would environmental protection, both in California and around the world, change if nature were given legal rights to exist and thrive? Terra Verde explores the Rights of Nature movement with Shannon Biggs of Global Exchange and Linda Sheehan of Earth Law Center.

Click to Play:  at Terra Verde http://www.kpfa.org/archive/id/87947

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Shannon Biggs on Rights of Nature

Shannon Biggs – Global Exchange

Resources referenced during the show:

Rights of Nature: Planting Seeds of Real Change

Rights of Nature: Planting Seeds Of Real Change

Download the full report. (.pdf)

Global Exchange - Rights of Nature

Also read:  Earth Law CenterDoes Nature Have Rights?

2012 in Review: Progress for Nature’s Rights

Congratulations to Linda Sheehan and the Earth Law Center for the many ways you are in action advancing Rights of Nature and earth jurisprudence your first year!

From Earth Law Center By Linda Sheehan

Earth Law Center hurricaneAs 2012 draws to a close, the U.N. climate change conference is wrapping up in Doha, Qatar. Despite scientists’ warnings that we consistently underestimate the extent of climate change, international leaders in Doha have again failed to commit to the significant reductions in greenhouse gases needed to prevent further warming. 

Climate change fundamentally threatens both the rights of the natural world and the rights of people to be healthy and thrive.  In its first full year of operation, Earth Law Center has worked to advance these rights through advocacy, outreach and education. 

Click to read Earth Law Center’s review of 2012.  And more at Earth Law Center http://earthlawcenter.org

Clean Water Act 2.0: Rights of Waterways by Linda Sheehan

From HuffingtonPost.com October 15, 2012 by Linda Sheehan of Earth Law Center.

In a decisive display of bipartisanship, Congress passed the U.S. Clean Water Act into law on October 18, 1972, overriding President Nixon’s veto. The Act faced significant hurdles; for example, my own, pre-Clean Water Act childhood in Massachusetts included sewage-choked beaches radiating illness toward those brave enough to approach beckoning waves, and industrial waste discharges that poisoned my favorite fishing runs.

The Act responded to such highly visible insults with clear goals: achieve fishable and swimmable waters by 1983, eliminate the discharge of pollutants into navigable waters by 1985, and prohibit the discharge of toxic pollutants in toxic amounts. Fueled with funding for essential treatment infrastructure, and catalyzed by citizen lawsuits against major polluters, the Act steadily picked off much of the low-hanging pollution fruit.

Read the complete article …

Global Exchange Brings Rights of Nature to the 2012 Earth Summit (Rio+20)

by Shannon Biggs

In partnership with the Global Alliance, Shannon Biggs and Global Exchange will be a strong voice advocating Rights of Nature at 2012 Earth Summit Rio+20.  The following includes excerpts from Shannon’s blog of 7th June 2012.

Read her complete blog at Global Exchange Brings Rights of Nature to the 2012 Earth Summit (Rio+20)

So why should we care about the Rio+20 (years) Earth Summit this June?

Earth Rights Now For many activists currently packing their bags for Rio, the goal is to protest the “Green Economy”, the name given to the primary agenda for the Rio + 20 negotiators. What could be wrong with a Green Economy, you may ask? Haven’t environmental activists been promoting such a thing for years?

The Green Economy put forward by the United Nations Environment Program (nicknamed the “Greed Economy” by many) is about promoting the idea that we can only “save” nature by putting a price tag on what nature “does” for us. Proponents call it “ecosystem services” and from forests generating the air you breathe to the decomposition process resulting in the ground you walk upon, everything has its price, and corporations are wringing their hands with anticipation of what the Greed Economy could do for profit margins.

But the human connection to the rest of our living system is not contained in the calculation of the “flow of value to human societies.” Our Earth’s value is not merely that which serves people. You cannot put a dollar value on what is truly lost when island nations like the Maldives succumb to the rising tides of climate change, or when the seas themselves are void of fish—both of which are projected to occur in the next 50-100 years. So how is it possible to put a price on the system that governs all life, or break down an ecosystem into units of “service” and to what end?

Confronting the Greed Economy: The Rights of Nature goes to Rio

Rights of Nature: Planting Seeds of Real ChangeRights of Nature: Planting Seeds of Real Change report being released for Rio+20

Those of us working on the rights-of-nature framework are seeking to reconnect humanity with the rest of species. We seek to change human law that can only “see” nature as a thing — separate and apart from us, property to be owned and destroyed at will. We seek to change the law because our own salvation can only come from a cultural mindset enforced by an earth jurisprudence that we are a part of nature.

Global Exchange and our partners at the Global Alliance for the Rights of Nature (GARN), a growing network we co-founded, don’t believe putting a price on nature is the path to protecting nature, and in fact is a faster-track to privatizing and commodifying nature. But we’re not showing up just to stand up for what we’re against, but to articulate what we’re for, and to build the movement for Rights for Nature. We’ll be blogging from Rio, convening strategy meetings with new allies, talking with media and unveiling our new report at a special panel and signing ceremony for the Universal Declaration on the Rights of Mother Earth.

Rights of Nature Panel and Formal Signing Ceremony: Sunday June 17, 9:30am RioCentro T3

Rights of Nature Speakers:

·Nnimmo Bassey – Environmental Rights Action / Friends of the Earth, Nigeria

· Shannon Biggs – Global Exchange, USA

· Cormac Cullinan – EnAct International, South Africa

· Tom Goldtooth – Indigenous Environmental Network, USA

· Natalia Greene – Fundación Pachamama, Ecuador

· Osprey Orielle Lake – Women’s Earth and Climate Caucus, USA

· Linda Sheehan – Earth Law Center, USA

· Dr. Vandana Shiva – Navdanya, India

· Pablo Solon – Focus on the Global South, Former Ambassador to the UN, Bolivia

The report directly confronts the notion of the Gree(d)n Economy of course, and is full of examples from around the world. But it is also a call out about what a true rights of nature framework would offer the world—and includes examples and updates of the growth of this movement, and new laws taking hold. And lastly, the report asks: if nature had rights, how different would our organizing look around water, Tar Sands extraction and Indigenous rights? And what would the economy look like? Contributors to the report include Dr. Vandana Shiva, Pablo Solon, Tom B.K. Goldtooth, Mari Margil and many others.

The report, Rights of Nature: Planting Seeds of Real Change will be available for free download from our website on June 15. Until then, we’ve selected two chapters for free preview and download now:

For more information on Global Exchange’s Community Rights Program and our international work advocating for Rights of Nature, please visit our website.

For a full calendar of Rights of Nature events at the upcoming Rio+20 Earth Summit, go here.

The Community Rights Program has entered a contest to win $5,000 towards advancing our work around engaging youth in the Rights of Nature movement! Please vote for our project on the Doing Good This Summer website. Voting begins Friday June 8th at 12pm and ends Friday June 29th at 12pm.

Read Shannon’s complete blog at Global Exchange Brings Rights of Nature to the 2012 Earth Summit (Rio+20)