Should trees have standing to sue in court? Answering yes
in a famous (for law students, anyway) article decades ago was
Prof. Christopher Stone. Unstated was Prof. Stone's
assumption that he, and leftie-enviro activists like him, would
be allowed to decide who the trees sued and what remedies they
desired. Prof. Stone & Co. alone would be
considered experts in tree-speak.
It turns out that President Barack Obama's science and technology
adviser rather likes the idea--or did some number of years
ago.
Reports Cybercast News Service:
Since the 1970s, some radical environmentalists have argued
that trees have legal rights and should be allowed to go to
court to protect those rights.
The idea has been endorsed by John P. Holdren, the man who
now advises President Barack Obama on science and
technology issues.
Giving "natural objects" -- like trees -- standing to sue in a
court of law would have a "most salubrious" effect on the
environment, Holdren wrote the 1970s.
"One change in (legal) notions that would have a most
salubrious effect on the quality of the environment has been
proposed by law professor Christopher D. Stone in his
celebrated monograph, ‘Should Trees Have Standing?'" Holdren
said in a 1977 book that he co-wrote with Paul R. Ehrlich and
Anne H. Ehrlich.
"In that tightly reasoned essay, Stone points out the obvious
advantages of giving natural objects standing, just as such
inanimate objects as corporations, trusts, and ships are now
held to have legal rights and duties," Holdren added.
Actually, I always rather like the idea. As long as I could
speak on behalf of the trees. You see, I suspect that they
are bored standing around doing nothing in some park where bugs
and disease can attack them. Far better to end up helping
to construct a nice home for a family and many families to
come. Or, even better, providing the material for a fine
dining room table or china cabinet. How better for a tree
to finish out its life than as part of an object of beauty and
function, to be admired for generations to come?
Anyway, that's what "my" trees would say if given standing in
court.