Sued by the forest – Should nature be able to take you to court?

Sued by the forest – Should nature be able to take you to court?

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Last February, the town of Shapleigh, Maine, population 2,326, passed an unusual ordinance. Like nearby towns, Shapleigh sought to protect its aquifers from the Nestle Corporation, which draws heavily on the region for its Poland Spring bottled water. Some Maine towns had acquiesced, others had protested, and one was locked in a protracted legal battle.

Shapleigh tried something new – a move at once humble in its method and audacious in its ambition. At a town meeting, residents voted, 114-66, to endow all of the town’s natural assets with legal rights: “Natural communities and ecosystems possess inalienable and fundamental rights to exist, flourish and naturally evolve within the Town of Shapleigh.” It further decreed that any town resident had “standing” to seek relief for damages caused to nature – permitting, for example, a lawsuit on behalf of a stream.

Shapleigh is one of about a dozen US municipalities to have passed measures declaring that nature itself has rights under the law.

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