Crikey: Can lawyers save the planet?
I find this so fascinating!
Pioneering conservationist Aldo Leopold broached the subject in his influential 1949 book A Sand County Almanac, arguing that extending our idea of community to include animals, plants and the land itself could break humankind’s tyranny over the environment.
Christopher Stone expanded on that premise in his 1972 article “Should trees have standing?”, arguing that natural objects, such as trees, forests and streams, should be appointed guardians to represent them in court.
“In parliament or in a public platform you can say anything you like …The reason science is taken more seriously in a legal system is what you say is subject to cross examination and you’re required to produce your evidence,” Lowe told Crikey.
It’s a view echoed by other environmentalists. Executive chairman of carbon offset company Cool nrg, Nic Frances, said the percentage of Australians wanting action on climate change had fallen in the last couple of years, and the political debate about the issue had deteriorated. “So the only place that we may be able to resort to is the courts. Because science within the courts still has meaning.”
Frances has even sought legal advice on whether it is possible to sue industry groups and vested interests for “telling lies” about the carbon tax. “Can you sue these people for crimes against humanity?” asks Frances.
As the political process fails to curb carbon emissions or halt encroaching development, we may see more bold legal moves to protect the environment. One thing’s for sure: all those jokes about lawyers being in it for the money will need to be revised.