Rights for nature or protecting people’s rights?: The operationalization of rights of nature in non-indigenous communities in the United States

Abstract

As the Rights of Nature movement gains political traction globally, researchers must examine how this transnational movement to extend rights to nature or natural entities is being operationalized in place. Proponents of the rights of nature contend transferring rights to nature constitutes a paradigm shift in human-environment interactions and will lead to solutions directed at the root causes of environmental problems. Critics contend that these rights-based governance structures have the potential to do more harm than good for environmental protection depending on the cultural and legal frameworks within which rights of nature are enacted. In this paper, I examine how rights of nature have been operationalized in non-Indigenous communities in the United States through an analysis of rights of nature ordinances passed in these communities between 2006 and 2020. Drawing on theoretical engagements with rights I demonstrate how the reliance on universalizing human rights frameworks and anti-corporation rhetoric both distinguish these ordinances from the broader rights of nature movement and center the rights of people to have access to a clean environment rather than the intrinsic rights of nature. In conclusion, I explore alternatives to how rights of nature are currently operationalized in non-Indigenous communities in the United States and call for increased research on the implications and impacts of rights of nature ordinances to assess whether they achieve their stated goals.