Environmental Movement in The United States - Environmental Rights

Environmental Rights

Many environmental lawsuits turn on the question of who has standing; are the legal issues limited to property owners, or does the general public have a right to intervene? Christopher D. Stone's 1972 essay, "Should trees have standing?" seriously addressed the question of whether natural objects themselves should have legal rights, including the right to participate in lawsuits. Stone suggested that there was nothing absurd in this view, and noted that many entities now regarded as having legal rights were, in the past, regarded as "things" that were regarded as legally rightless; for example, aliens, children and women. His essay is sometimes regarded as an example of the fallacy of hypostatization.

One of the earliest lawsuits to establish that citizens may sue for environmental and aesthetic harms was Scenic Hudson Preservation Conference v. Federal Power Commission, decided in 1965 by the Second Circuit Court of Appeals. The case helped halt the construction of a power plant on Storm King Mountain in New York State. See also United States environmental law and David Sive, an attorney who was involved in the case.