12/1/08ESPP

12/1/08ESPP -782 Does it matter that they are inanimate, lack voice, have no subjectivity, could not place a value on themselves, figure out when they are at risk, craft protective measures, or implement them?

12/1/08ESPP -783 Rights and the Environment What are environmental rights anyway? –For humans? –For animals? –For other non-humans (like trees)? Who needs to be protected? Against what? Who should do the protecting? What happens when rights are in conflict?

12/1/08ESPP -784 Some Conceptual Questions Why do we appoint spokespersons for children, the elderly, the comatose? If a dog or cat is injured, why don’t we let the animal “testify”? If a vehicle injures someone, why don’t we give away the vehicle as compensation? Why don’t we insure people against “acts of god”?

12/1/08ESPP -785 Environmental Standing Constitutional basis: “cases and controversies” Most common basis for standing: ownership Standing in environmental context: –Under NEPA (nature of interests represented) –Of environmental groups (NGOs) –Of natural objects (Stone essay) –By comparison with other countries –International developments (species, sites, sacred locations, trees as elements of “World Heritage” )

12/1/08ESPP -786 Standing versus Representation Standing is about the right to speak for oneself in a court of law. Representation is about speaking for a group or an issue, usually in a political forum. Why are particular spokespersons considered legitimate? –Sources of legitimacy in political representation? What about speaking for nature? –Which forms of representation are legitimate?

12/1/08ESPP -787 Representation by Environmental NGOs Whom do environmental NGOs represent and how? What gives NGOs the right to speak for nature? Sources of legitimacy Ownership? Of what? Membership Specialized knowledge and expertise Rights of indigenous groups?

12/1/08ESPP -788 Representation by Corporations Whom do corporations represent and how? What gives corporations the right to represent nature? Sources of legitimacy –Accountability to shareholders, users, and consumers; “green accounting” –Corporate responsibility and self-regulation What nature can corporations represent? –Third nature? (Cf. “tap water challenge”)

12/1/08ESPP -789 Dupont’s Wildlife Habitats The Parlin Plant is a manufacturing facility located on 350 acres, with 140 acres available for wildlife habitat enhancement. The wildlife management plan focuses on six goals: adapt the Old Landfill area into the wildlife management plan, enhance the pump and treat set-up area for wildlife, provide habitat enhancements at the equalization pond, monitor natural nesting areas, incorporate wildlife friendly and native vegetation into open areas …, provide educational and recreational experiences … and feedback opportunities.Presently, there are over 30 nest boxes located throughout the site for screech owls, bluebirds, wrens, wood ducks, purple martins and woodpeckers. The wildlife team regularly monitors these boxes as well as natural nests on-site. Invasive species removal and planting native wildflowers encourage wildlife use of several areas of the site, including a 10-acre area formerly used as a landfill.

12/1/08ESPP Representation by Science Whom do scientists represent? What gives scientists the right to represent nature? Sources of legitimacy: –Representing nature as it “really is” –Impartial, non-partisan, disinterested, skeptical –Accountability to community of “peers” What happens when nature’s “rights” conflict with people’s rights (Makah)?