- ABOUT US
- Rights of Springs
I write to speak of a transition at CEJ that begins today. Transitioning can be a time of expectation and excitement, or a time of hesitation and dread. Fortunately the CEJ transition is one of excitement.
Starting July 1, I am beginning a year’s sabbatical and leave of absence from CEJ and Barry Law School in order to reflect and write. It is satisfying to leave the work and mission of CEJ in the competent, capable and experienced hands of Jane Goddard, Acting Director, and Rob Williams, CEJ Staff Attorney. In addition, yesterday we added Jane Marsden to our team as CEJ’s administrative assistant.
For some time now, I’ve been hankering to find some down time to study and reflect upon the changes and rapid developments in the field of Earth Jurisprudence and Rights of Nature. CEJ began in 2006 and the Earth jurisprudence movement has burgeoned since then. In 2006 only a handful of folks such as Thomas Berry, Mike Bell, Cormac Cullinan, and Liz Hosken, with her wonderful colleagues from the Gaia Foundation in London, were speaking of the contours and core principles of Earth jurisprudence. I have always considered myself blessed to begin the Center of Earth Jurisprudence under their wise and welcoming mentoring.
Now the Rights of Nature movement is recognized internationally. The formation of the Global Alliance for the Rights of Nature in 2010 and its recent first World Ethics Tribunal on the Rights of Mother Earth held in Ecuador in January demonstrate the significant eco-centric cultural and legal shifts that are emerging across the planet. It seems that many of us are finding our way back into a reciprocal relationship with the natural world. Our indigenous brothers and sisters remain our teachers, reminding us that all other species are our brothers and sisters. We are all of one web.
So, as we move into the fullness of summer in the Northern Hemisphere, I take leave of CEJ and go into a period of networking and then hibernation so I can settle into writing. I look forward to seeing some of you along the way at various CEJ and Earth law events. In February I have the honor of working with Dr. Vandana Shiva and co-teaching a workshop with her and Dr. Mira Shiva, on “Building an Earth Democracy” at the Earth University in Dehradun, India. More information on this international workshop will be posted shortly.
During this sabbatical year, I promise to remain grounded in this work and ask for your prayer and support for the expansion of CEJ and its mission to advocate for legal policies and cultural changes that respect the rights all beings to exist and fulfill their propose.
May this be a time of abundance for each of you as well.
This week, the Center for Biological Diversity filed suit to protect the Ichetucknee Siltsnail under the Endangered Species Act. The snail is a tiny creature which is found in only one place in the world—an area of ten square yards in the pool of Coffee Spring on the Ichetucknee River.
Why should we care about a small snail?
One answer can be found in the writings of Aldo Leopold(1), who taught us to see the natural world as a community to which we belong. He is most famous for his articulation of the land ethic:
The ‘key-log’ which must be moved to release the evolutionary process for an ethic is simply this: quit thinking about decent land-use as solely an economic problem. Examine each question in terms of what is ethically and esthetically right, as well as what is economically expedient. A thing is right when it tends to preserve the integrity, stability, and beauty of the biotic community. It is wrong when it tends otherwise.(2)
Human ethics evolved over time because individual human survival depends on being a member of a well-integrated cooperative community. Leopold went farther; he saw that ecology had enlarged “the boundaries of the community to include soils, waters, plants, and animals,” giving rise to a new ecological ethic which “changes the role of Homo sapiens from conqueror of the land-community to plain member and citizen of it. It implies respect for his fellow members and also respect for the community as such.”(3) As citizens of biotic communities, we have an ethical obligation to act consistent with the long-term welfare of those communities.
In our time, against the backdrop of a global mass extinction caused by human activity, the moral imperative to protect ecosystems which harbor much of the planet’s remaining biodiversity(4) is even stronger.
There is no doubt that North American freshwater ecosystems are seriously threatened. Already, at least 123 species of freshwater fishes, mollusks, crayfishes and amphibians have become extinct. It is has been estimated that the extinction rate for U.S. freshwater animals is five times that of terrestrial animals.
The southeastern United States is a hotspot for aquatic biological diversity. The Southeast, for example, harbors 493 species of fish (62% of all U.S. species), at least 269 species of mussel (91% of all U.S. species), and 241 species of dragonflies and damselflies (48% of all North American species). The Southeast also harbors over two-thirds of North America’s 405 species and subspecies of crayfish, more aquatic reptiles than any other region (30 species of aquatic turtle and 17 species of aquatic snake), and more amphibian species than any other region, with 178 recognized species and new species continuing to be described.
Within the Southeast, one area stands out—the Suwannee River and its tributaries, including the Ichetucknee and Santa Fe Rivers, are among the few river systems in the United States that are unimpeded, undeveloped and relatively unpolluted. The springs and spring runs which feed the Suwannee enrich the biodiversity of this river system still further.(5) The Ichetucknee and Santa Fe are home to three species listed as endangered by the Fish & Wildlife Service: the West Indian Manatee, the Gulf Sturgeon, and the Oval Pig-toed Mussel.
Few places on Earth have as many turtle species living together; 28% of all freshwater turtles in North America live in the Santa Fe, including the newly described Suwannee Alligator Snapping Turtle, Macrochelys suwanniensis.(6) The spring-influenced areas of the lower Santa Fe support twice as many turtles as blackwater areas of the upper Santa Fe.
An additional component of this biodiversity is the fauna of the submerged cave habitats associated with the springs. The Suwannee spring system contains the greatest diversity of obligate subterranean decapod crustaceans in the world.
The Ichetucknee and Santa Fe, even altered as they are today, remain priceless reservoirs of the freshwater biodiversity which is under siege everywhere. It is our moral obligation to preserve the integrity, stability, and beauty of these rivers and their biotic communities.
Admittedly, the siltsnail has no economic value. It is not a keystone species. It does not draw visitors to the springs the way the manatees do. But we can’t protect the snail without protecting Coffee Spring, and Coffee Spring cannot be held inviolate without protecting the entire glorious Ichetucknee and the complex biotic community of which the snail is a part. That is the whole point: protecting the snail is all about preserving a unique and wonderful biotic community.
Aldo Leopold counseled that we should adopt the precautionary principle with respect to the many lifeforms we know very little about:
The last word in ignorance is the man who says of an animal or plant, “What good is it?” If the land mechanism as a whole is good, then every part is good, whether we understand it or not. If the biota, in the course of aeons, has built something we like but do not understand, then who but a fool would discard seemingly useless parts? To keep every cog and wheel is the first precaution of intelligent tinkering.(7)
Leopold correctly pointed out that like the siltsnail, “most members of the land community [in this case, the aquatic community] have no economic value” and he urged against inventing “subterfuges to give it economic importance.”(8) The economic argument becomes a trap: in the end, the case for the little snail is no different than the case for the river itself. If we, when asked, “What value is the river?” respond that the Ichetucknee generates X number of tourist dollars and Y number of local jobs, we will surely be told by our adversaries that a new destination resort with golf course and shopping mall or a glorified feedlot like Adena Springs/Sleepy Creek Ranch will generate X+1 dollars and Y+1 jobs.(9) If the snail and the Ichetucknee River are to be saved it will be because we convince our fellow citizens that it is the right thing to do, not because of economic expediency.
The first step toward moving toward a land ethic similar to the one described by Leopold is for a culture to recognize that the loss of biodiversity is a communal harm. The overwhelming number of species that comprise that biodiversity are not the top-of-the-foodchain predators, like tigers, wolves and sharks that humanity, as a another top predator, identifies with, but the little things: the countless invertebrates which do not resemble our warm-blooded relatives, and which most of us have a hard time cozying up to. Nonetheless, they are all fellow members, and often very important members, of the same community of life.
In any struggle, there comes a moment when the question is “What side are you on?” Leopold put it this way: “There are some who can live without wild things and some who cannot.”(10) I might rephrase that: there are some of us who don’t care whether our rivers are filled with an incredible diversity of life from tiny snails to huge manatees, and some of us who cannot imagine living in Florida without the river Archie Carr called “the most beautiful landscape in the world.”(11) Those of us who fall in the latter category should be on the snail’s side.
(1) Considered by many as the father of wildlife management and of the United States’ wilderness system, Leopold was a conservationist, forester, philosopher, educator, writer and outdoor enthusiast. The land ethic was set forth in Leopold’s most famous book, A Sand County Almanac, and Sketches Here and There (1949).
(2) Aldo Leopold, A Sand County Almanac 224-5 (1949) (emphasis added). First published in 1949, Leopold’s formulation of land health may be a radical proposition, but it is not a new one.
(3) Id. at 203.
(4) “Biodiversity” is used here in its broadest sense to mean “the variety of life and its processes. It includes the variety of living organisms, the genetic differences among them, the communities and ecosystems in which they occur, and the ecological and evolutionary processes that keep them functioning, yet ever changing and adapting.” Reed Noss & Allen Cooperrider, Saving Nature’s Legacy 5 (1994).
(5) See R.A. Mattson, J.H. Epler, and M.K. Hein, Description of Benthic Communities in Karst, Spring-Fed Streams of North-Central Florida, 68(2) J. Kan. Entomological Soc’y 18, 31 (Supp.) (1995):
In north-central Florida, spring influence appears to be a major structuring force in stream communities. Increases in species richness in communities of benthic macroinvertebrates are associated with input of quantities of hard, alkaline spring water in the Suwannee River mainstem. Particular groups which show increases in species richness and/or relative abundance include ephemeropterans, molluscs, and oliochaetes. Causative factors postulated for these trends include increased buffering, higher nutrient availability, higher primary production rates and more constant (“predictable “) physical/chemical conditions. Stream periphyton communities undergo a shift in species composition with spring input; from communities dominated by green and blue green algae to those dominated by diatoms. The spring-influenced streams of Florida are one of the few Florida stream habitats to support substantial coverages of submergent aquatic vegetation.
(6) Travis M. Thomas, et al., Taxonomic Assessment of Alligator Snapping Turtles (Chelydridae: Macrochelys), with the Description of Two New Species from the Southeastern United States, 3786 Zootaxa 141–65 (2014). The lead author of the article describing the new species, Travis Thomas, said, “We have to be especially careful with our management of the Suwannee River species because this turtle exists only in that river and its tributaries. If something catastrophic were to occur, such as a chemical spill or something that affects the entire river, it could potentially devastate this species. The turtle is extremely limited by its habitat. All it has is this river and it has nowhere else to go.” Stephenie Livingston, Study Shows “Dinosaurs of the Turtle World” at Risk in Southeast Rivers, University of Florida News (Apr. 10, 2014), http://news.ufl.edu/2014/04/10/alligator-snapping-turtles/. Thomas also noted that “as large, apex predators, alligator snappers play an important role in the wild. A river ecosystem deprived of its alligator snappers would most likely experience negative implications.” Id.
(7) Aldo Leopold, Round River 145-46 (1993).
(8) Leopold, A Sand County Almanac, supra note 2, at 210.
(9) See George Monbiot, Reframing the Planet, Guardian, Apr. 22, 2014, available at http://www.monbiot.com/2014/04/22/reframing-the-planet/.
(10) Leopold, A Sand County Almanac, supra note 2, at vii.
(11) Archie Carr, A Naturalist in Florida: A Celebration of Eden 71 (1996). Is it enough to post Carr’s words on a bronze plaque at the entrance to Ichetucknee Springs State Park or do we need to take action to protect and preserve the landscape he loved?
Summer begins its unofficial reign here in Florida with the beginning of the rainy season. This is when the humidity rises and the afternoon rain showers soak the Earth—and restore some of the groundwater and Floridan aquifer. It’s not the favorite time for many visitors and residents as one hears people say, “It’s another terrible rainy day.” Interestingly, the day is generally only “terrible” for those of us who don’t want to be inconvenienced with carrying an umbrella! For the rest of the ecosystem—the other animals and plants—it’s a wonderful time of replenishment and restoration.
Here at CEJ, summer invites us to live more deeply from an eco-centric perspective, one that respects the rights of all species and ecosystems to exist and flourish. Indeed, this is challenging. It requires consciously changing the way we think and speak. Language reflects our cultural paradigms and biases. Therefore we strive in our programs and Earth jurisprudence classes, our writing and presentations, our community engagements and advocacy, to advance the essential concept that nature has inherent rights to fulfill its purposes. We understand that our human rights are enveloped within those rights. When our laws and public policies miss this concept they create regulatory systems that continue to prioritize business interests over land health. Implementation of environmental regulations is easily co-opted by economic drivers that seek short term profit rather than long term health.
As we know, the ecological health of Florida did not fare well in this last state legislative session recently concluded in Tallahassee. Delaying comprehensive restructuring of water and springs legislation that would recognize water’s rights to be healthy, and to be freed from significant amounts of nutrient pollution and massive water consumption, does not bode well for Florida’s future. Instead, we envision a campaign that celebrates the beauty of Florida’s waters and fights to protect its diversity. We envision expanding the state’s trustee responsibility, through the public trust doctrine, so that the state has fiduciary duties to protect Florida’s publicly owned land and waters for the common good of future generations of all species.
To claim this vision–one of protecting the beauty and rights of nature—we need the artists and activists, the planners and the lawyers, the engineers and the economists, the seekers of beauty and the people of faith, to continue loving and protecting the natural systems of Florida. As one response, we join with other organizations that are supporting the Florida Water and Land Legacy Conservation Amendment on the ballot this November. Many other responses are possible—and essential, if Florida as we know it and as we envision it is to survive and thrive.
Let us know what steps you are taking to protect and love Florida’s natural beauty—for as Bill McKibben says, “Nature will never be more beautiful than today.”
Sr. Pat Siemen on Rights of Nature at TEDxJacksonville 2013View video full screen on YouTube.
Amendment 1 – Florida’s Water and Land LegacyCongratulations to all who worked so hard in support of Amendment 1 on the November 2014 ballot, which passed with 75% of votes in favor. The measure will dedicate about $1 billion annually for conservation purposes.
CEJ Events & PresentationsThe Myth & Magic of Florida Springs
featuring Margaret Ross Tolbert and Rick Kilby
Wednesday, January 28, 2015
A Rights of Nature Approach for Springs Protection
Jane Goddard and Rob Williams
Thursday, January 29, 2015
Santa Fe River Springs Protection Forum
Otter Springs, Trenton, FL
Building an Earth Democracy: Protecting the Rights of Mother Earth & Humanity
February 2-6, 2015
Doon Valley, Dehradun, India
Join Dr. Vandana Shiva, PhD, Dr. Mira Shiva, MD, and Sister Patricia Siemen, OP, JD for a residential workshop at Navdanya's Earth University to examine the Rights of Mother Earth, and the customs and laws that protect all inhabitants' rights of exist, regenerate, and thrive.
Contact: Dr. Vinod Bhatt - vinod (at) navdanya.net or Patricia Siemen - psiemen (at) barry.edu
Discover more at Navdanya.org.
Spring Field Trip
Saturday, April 25, 2015
Other EventsSave the Date!
Public Interest Environmental Conference
February 12-14, 2015
Details coming soon!
Save the Date!
Environmental and Earth Law Summit
April 9, 2015
Barry University School of Law
Details coming soon!
Learning to See Naturally ~ Nature Journaling WorkshopsVisit our nature journaling blog, Learning to See Naturally, for poems, photos, stories and other nature-inspired creative works from our workshop participants.
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