Creatures and Culture: Some Implications of Dugong v. Rumsfeld

Abstract

Dugong v. Rumsfeld, a case charging the United States Department of Defense with violation of Section 402 of the U.S. National Historic Preservation Act, highlights the cultural importance of animals and the value of addressing this kind of significance in the intepretation of natural and cultural heritage legislation on both national and international levels.ACKNOWLEDGMENTS: I am grateful to Caleb W. Christopher of the Pace University School of Law for involving me in Dugong and for many helpful comments on the analysis presented here. Mr. Christopher points out that there are many other aspects of law, both domestic and international, that could be explored through analysis of Dugong, as well as philosophical and policy questions about the unity or segmentation of natural and cultural resource management systems. At the same time, he cautions that the case is not yet definitively resolved; the U.S. military may yet regroup and launch another assault on the beleaguered sea mammals. I look forward to an extended and updated analysis of the case by Mr. Christopher in the not-too-distant future. I am also grateful to Earthjustice San Francisco for assistance and advice, and to Australia's Great Barrier Reef Marine Park Authority for permission to use the dugong image included in this article.