Although some environmental and nature conservation laws are more than 100 years old, these laws and related regulations increasingly have several common themes that are crucial to their effectiveness: The “Rights of Nature” movement fundamentally rethinks humanity`s relationship with nature and is gaining momentum. It is led by activists who advocate for ecosystems such as rivers, lakes and mountains to have legal rights in the same or at least the same way as humans. This movement seeks a paradigm shift in which nature is placed at the center and man is connected to it in an interdependent, rather than dominant, way. How would such a legal system work and could granting rights to nature help in the legal fight against climate change? Some case studies offer insight. The Marine Mammal Protection Act was our first national law to impose an ecosystem approach to wildlife conservation. Pitting environmentalists against landowners and those with the greatest conservation potential leads to poor environmental outcomes. We work to resolve these conflicts and establish effective voluntary conservation practices through market-based solutions. Laura Johnson is a longtime environmentalist with over 30 years of experience in nonprofit management. She is co-founder and former director of the International Land Conservation Network and senior advisor to the ILCN and the European Land Conservation Network. Laura is the former immediate president of Mass Audubon, where she led the largest independent state-owned Audubon organization in the country for 14 years. Prior to joining Mass Audubon, she spent 16 years at The Nature Conservancy, where she served as an attorney and held positions such as Massachusetts State Director and Vice President of the Northeast Region.
Laura is Chair of the Board of Directors of the Land Trust Alliance. She is also a churchwarden of WGBH, a member of the Appalachian Mountain Club (AMC) Advisory Board, a member of the Mount Auburn Cemetery Board of Visitors, and a member of the Corporation of the Woods Hole Oceanographic Institute. Laura was a founding member of the Stewardship Council of the MA Department of Conservation and Recreation for 8 years. Laura holds a BA in History from Harvard and a J.D. from NYU Law School. From 2013 to 2014, she was a Bullard Fellow at Harvard Forest, Harvard University, where she conducted a study on private land conservation efforts around the world. For relevant publications by Laura Johnson, see: www.lincolninst.edu/publications/working-papers/open-field The Endangered Species Act, passed in 1973, has long been the federal government`s most important conservation instrument. More than 1,600 plant and animal species have been classified as endangered or threatened under this landmark law, providing them with protection and resources to facilitate their recovery. This has saved some creatures that are on the verge of extinction in the wild, from beloved bald eagles to lesser-known black-footed ferrets. Geoff recently retired from academia and continues his interests and work in terrestrial and marine conservation through his roles at the Victorian Environment Assessment Council in Victoria, Australia, and as Vice President of Victoria Zoos – which manages three zoos/protected areas and focuses on conservation. Geoff owns land in Victoria`s “Gold Country” with his partner Victoria and has been a member of the ILCN Advisory Board since its inception.
He carried out a review of Victoria`s marine and coastal environment that led to the Marine and Coastal Act 2018 and continues his active involvement in environmental policy (land and sea), which has been at the heart of his 35-year academic career. By moving environmental advocacy away from an “us versus them” model, we can achieve greater sustainable conservation success. In the context of the climate crisis, “rights of nature” represent a legal theory that can contribute to increasing the urgency of protecting biodiversity in the fight against climate change. In 2012, the Lincoln Institute of Land Policy sponsored a panel at an international conference on agriculture and forestry to outline U.S. practice with land trusts and conservation easements and raise questions about the transferability of the U.S. experience to other countries. We work at the federal and state levels involving leading conservation organizations, policymakers, and elected leaders to leverage our research, develop innovative solutions, and achieve concrete results. Too often, environmental law pits people against each other, counterproductive regulations penalize conservation rather than reward it, and bureaucracy prevents government from working with the urgency and flexibility that modern conservation challenges demand: editorial board and management members: deputy editor Karen Tumulty; Deputy Editor Ruth Marcus; Associate Editor Jo-Ann Armao (Education, D.C. Affairs); Jonathan Capehart (National Politics); Lee Hockstader (Immigration; issues affecting Virginia and Maryland); David E.
Hoffman (Global Public Health); Charles Lane (foreign policy, national security, international economics); Heather Long (economist); Molly Roberts (Technology and Society); and Stephen Stromberg (elections, White House, Congress, law, energy, environment, public health). Strong expressions of the benefits of the environment, health, nature conservation and environmental protection as core values. TNC strives to enforce laws, regulations and other fundamental legal requirements that underpin core environmental and conservation values, while identifying and supporting efforts to improve relevant processes and outcomes. Two-thirds of all threatened species in the U.S. are found on private land, but policies actively discourage landowners from investing in conservation rather than promoting it. As one of the nation`s leading lawyers advancing conservation through legal and policy reforms, Jonathan has argued environmental cases before the U.S. Supreme Court, federal and state courts of appeals, and trial courts across the country. Prior to joining PERC, Jonathan litigated cases related to the Endangered Species Act, the Clean Water Act and other federal environmental legislation at the Pacific Legal Foundation. He has also successfully led efforts to reform the regulation of endangered species to better align private landowners` incentives with the interests of rare species. Commitment to transparent, science-based decisions that apply relevant legal standards.
Giving nature standing to prosecute could arm it against violations before the law, but how can this be translated into reality? The legal personality attributed to ecosystems has so far been mainly symbolic and it is still unclear to what extent these trials can succeed in ensuring adequate and long-term protection of ecosystems. Results may vary depending on how a case is framed and the interests of the claimants. By creating economic incentives for conservation, we can promote positive benefits for land, water and wildlife. Roberto Peralta (born in Paris) is a Chilean artist. Roberto works as a lawyer in Chile and New York, focusing on non-profit organizations, B companies, private custody, corporate social responsibility, international transactions and commercial law. Roberto also teaches at the Catholic University of Chile, the University of Chile and Alberto Hurtado University. He is a member of the Chilean Presidential Council for Civic Participation (Ministry of the Interior) and the Council for Social Donations (Ministry of Social Development).