Should Trees Have Standing? Toward Legal Rights for Natural Objects

TLDR

Legal standing for natural objects requires more than mere review by authorities; additional criteria must be met. The chapter proposes granting legal rights to forests, oceans, rivers, and other natural entities, defining a holder of rights and outlining three criteria. The authors argue that natural objects would obtain standing through a guardian, with damage assessed independently and the objects becoming beneficiaries of awards. This framework would motivate judges to reference environmental rights, fostering a viable body of law through the expression’s availability and force.

Abstract

This chapter proposes that people give rights to forests, oceans, rivers and other so-called in the environment-indeed, to the natural as a whole. But for a thing to be a of something more is needed than that some authoritative body will review the actions and processes of those who threaten it. As the author shall use the term, holder of rights, each of three additional criteria must be satisfied. Natural objects would have standing in their own right, through a guardian; damage to and through them would be ascertained and considered as an independent factor; and they would be the beneficiaries of awards. In such fashion, judges who could unabashedly refer to the legal rights of the environment would be encouraged to develop a viable body of law-in part simply through the availability and force of the expression.