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Time to Escalate? First-Ever Rights of Nature Lawsuit Dismissed

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By Will Falk

Our first-in-the-nation lawsuit seeking personhood for the Colorado River was dismissed. After the Colorado Attorney General filed a motion to dismiss and threatened sanctions against attorney Jason Flores-Williams for the unforgivable act of requesting rights for nature, Flores-Williams withdrew our case.

When I agreed to serve as a next friend, or guardian, of the Colorado River, I saw the opportunity as a win-win. Either, we would win the lawsuit and the Colorado River would gain a powerful new legal tool to protect herself. Or, the lawsuit would be defeated proving that the American legal system privileges corporate rights to destroy the natural world over the natural world’s right to exist.

I knew it was highly unlikely that corporations, the courts, and the Colorado Attorney General would let rights of nature gain traction in American law. I wanted to be there, when the case failed, to remind everyone who invested hope in our cause that lawsuits are not the only way change is made.

I do not want this essay to come off like I am saying “I told you so.” I am heartbroken. A small part of me clung to the hope that Flores-Williams could resist the threats, that the Colorado Attorney General would, at least, litigate the case on the merits, and that the legal system would do the right thing. This hope, of course, was misguided.   [Read more…]

The Rights of Nature and the Power of Law

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In the war for social and environmental justice, even the best lawyers rarely serve as anything more than battlefield medics.

They do what they can to stop the bleeding for the people, places, and causes suffering on the front lines, but they do not possess the weapons to return fire in any serious way. Lawyers lack effective weapons because American law functions to protect those in power from the rest of us; effective legal weapons are, quite literally, outlawed.

Nonetheless, understanding the limits of the law to affect change through my experiences as a public defender, I recently helped the Colorado River sue the State of Colorado in a first-in-the-nation lawsuit — Colorado River v. Colorado — requesting that the United States District Court in Denver recognize the river’s rights of nature. These rights include the rights to exist, flourish, regenerate, and naturally evolve. To enforce these rights, the Colorado River also requests that the court grant the river “personhood” and standing to sue in American courts.   [Read more…]

Why Does the Colorado River Need to Sue For Rights?

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By Will Falk

On Tuesday, September 26, the Colorado River will sue the State of Colorado in a first-in-the-nation lawsuit requesting that the United States District Court in Denver recognize the river’s rights of nature. These rights include the rights to exist, flourish, regenerate, and naturally evolve. To enforce these rights, the Colorado River will also request that the court grant the river “personhood” and standing to sue in American courts.

Four of my comrades in the international environmental organization Deep Green Resistance and I, are serving as “next friends” to the Colorado River. We are represented by the noted civil rights attorney Jason Flores-Williams who is based in Denver. Community Environmental Legal Defense Fund is serving as advisors in the case.

The term “as next friends” is a legal concept that means we have signed on to the lawsuit as fiduciaries or guardians of the river. Under current law, the Colorado River is not “legally competent” and, so needs “next friends” to ensure her rights are protected. A “next friend” is someone who appears in court in place of another who is not competent to do so – like a minor or someone with a mental disability. My role, as next friend to the Colorado River, is to protect the river’s rights.

We recently released a press release that has been widely shared on social media. National media outlets are beginning to take notice. And, we’re getting interviews, receiving email inquiries, and responding to online comments. So far, the most common question is: Why does the Colorado River need rights?   [Read more…]

Fight Back: An Ecopsychological Understanding of Depression

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 One human language is much too small
to convey the ever unfolding meanings at play in the world.

I am an environmental activist. I have depression. To be an activist with depression places me squarely in an irreconcilable dilemma: The destruction of the natural world creates stress which exacerbates depression. Cessation of the destruction of the natural world would alleviate the stress I feel and, therefore, alleviate the depression. However, acting to stop the destruction of the natural world exposes me to a great deal of stress which, again, exacerbates depression.

Either, the destruction persists, I am exposed to stress, and I remain depressed. Or, I join those resisting the destruction, I am exposed to stress, and I remain depressed.

Depressed if I do, depressed if I don’t. So, I fight back.   [Read more…]

Pinyon-Juniper Forests, Pine Nuts, and True Sustainability

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A windmill blade knocks the head off a Cooper’s hawk interrupting the late afternoon peace in Spring Valley, just outside Ely, Nevada.

The blade tosses the hawk’s body onto yellow gravel the power company spread, over living soil, in circles around their windmills.

The ever-present Great Basin breeze, who usually whispers with a soothing tone through pinyon needles, juniper branches, and sage tops, becomes angry. Grazing cows pause their chewing and look up to consider the scene.   [Read more…]

Park City, Depression, and the Compulsion to Write

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Three coincidences converge to make me wonder if I am crazy: I live in Park City, Utah. I live with major depressive disorder. And, I live with a compulsion to write about the natural world, a world being murdered.

Park City is a place of obscene privilege. It is built on tourism brought by the ski resort industry. Close to 80% of the population is white, while the median property value is $868,100. The median household income is over $105,000 per year, which is almost double the national average, in the wealthiest nation on Earth.   [Read more…]

Walking in Chicano Park, Winter ’13

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walking in Chicano Park
one morning hazy with
shipyard fumes and shipyard lies

I stop in front of the mural
depicting Quetzalcoatl
who is half-bird, half-serpent   [Read more…]

Park City is Still Damned: What Needs to Be Done?

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In my essay, Park City is Damned: A Case Study in Civilization, I described the vicious cycle Park City, Utah is caught in and explained how the city cannot exist for much longer.

There are far more humans in Park City than the land can support, so the necessities of life must be imported. Importing these necessities costs money and requires an industrial infrastructure. Park City makes its money through a tourist industry that relies on snow, but climate change, produced by the same industrial infrastructure bringing the necessities of life, is destroying the snow. The industrial infrastructure must be dismantled to stop climate change so the snow may survive. Either the snow or the industrial infrastructure will fail.

And, Park City will, too.   [Read more…]

Park City is Damned: A Case Study in Civilization

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A Note to My Readers: It has not been easy to write this essay and I am scared to see my name displayed publicly next to what follows. I am sure these ideas will win me few friends in Park City and the broader ski community. Nevertheless, what follows is the truth as it has been shown to me. My allegiance belongs, first and foremost, to life, to the land, to both the human and non-human victims of the insanity of the dominant system. I love to ski. I love to walk the aspen groves in the Wasatch Mountains above Park City. I love seeing moose cross Park Avenue almost weekly. In short, I love living here. But my desire to live here should not trump the land’s ability to survive.

At the south end of Brown’s Canyon, about 6 miles northeast of Park City, Utah, there’s always an engine running. Usually, there are more than I can count.

If it’s not commuting car engines coughing to life in cold, winter air, it’s snowblowers blasting snow from driveways. If it’s not cars or snowblowers, its excavators flattening the next hill over, clawing out one bucketful of earth at a time. If it’s none of these, it’s diesel generators compressing air for nail guns popping boards together.

Standing on my small deck, sipping my morning coffee, I try to focus on the winds’ words. The winds speak a harsh tongue, full of curses. They are busy rattling aluminum drains on the roof’s edge, dragging loose gravel across a construction road, and navigating concrete right angles forming condominium building walls.   [Read more…]

Waiting For Death: Ecopsychology as Human Supremacism

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So many indigenous people have told me that the levels of sustainability their traditional cultures achieved prior to the arrival of colonizers were based on lessons learned from non-humans. Implicit in these lessons is the truth that humans depend on non-humans. This dependence is not limited to the air we breathe, the water we drink, or the food we eat. This dependence sinks into our very souls.

For many indigenous people I have listened to, the basic reality of human dependence demands that humans regard non-humans, regard life, regard the universe with deep humility.

Approach non-humans with humility, and you may find them willing to teach you.
  [Read more…]

The Destruction of Experience: How Ecopsychology Has Failed

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I do not remember the first time I saw my mother’s face, though I know she remembers the first time she saw mine. It was the very beginning of my life, my birth. I do not remember the first time I saw my mother’s face, but, I do remember the first time I saw my mother’s face at what would have been the end of my life after I tried to kill myself.

This is what I’m thinking about as I hold my fifteen-month-old baby nephew Thomas while he falls asleep.

A soft darkness blankets the room. The curtains are tied back on either side of the room’s only window and the night pours in. A wet snow falls with the starlight in a sprinkling of silver and gray. A few nights before full and the moon is strong. Shadows flicker on the floor below the window. A pine whispers outside where the wind brushes powder from her branches.   [Read more…]

Layla and the Owl’s Eyes: Ecopsychology and Being Human

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Recently walking up Main Street in Park City, Utah, I saw in the Visitor’s Center doorway what looked like a man holding a great-horned owl surrounded by children. As his voice carried across the street, I heard the man explain that this owl had been found with an injured wing after being struck by a car.

I love owls. I love the haunting sound of their hoots in the darkest hours before dawn. I love the joy that accompanies the lucky sight of a splash of brown feathers against newly-fallen snow when an owl makes the rare decision to reveal herself in winter daylight. I love how owls’ mysterious nature have made them omens in so many cultures’ imaginations. So, when I saw what I thought was a great-horned owl, I automatically crossed the street with a feeling of anticipation.   [Read more…]

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