Ojai (USA) City Ordinance: rights of nature

Summary

On 12 November 2024, the City of Ojai, California adopted an Ordinance (No. 963) that amended the Ojai Municipal Code code and added Chapter 5-16 on the Rights of Nature. The Rights of Nature amendment “seeks to establish a legal framework that recognizes and enforces the rights of nature, empowering Ojai natural communities to flourish and thrive” (p. 2). It states that “protecting the rights of nature aligns with the community’s commitment to sustainability, environmental justice, and respect for all forms of life” and declares that the Council and the residents of Ojai have a duty act as the steward of natural communities and safeguard our water for the preservation of human and natural communities. (p. 2)

Jurisprudential Framing
The City says it “acknowledges and honors the profound influence of indigenous philosophies and practices, particularly those of the Chumash people, on our understanding of nature’s rights and our responsibility to protect the environment” and it “seeks to incorporate traditional ecological knowledge and indigenous stewardship practices into its environmental policies and decision-making processes” (p. 1).

It states that federal law, the California Constitution, state law, and local policies are generally inadequate to afford protection to the natural environment; the inadequacies arise, in large measure, from the underlying legal assumption that the natural world is mere human “property”. To successfully address these challenges, human governance systems must “acknowledge that humans are members of a living community and pursue human wellbeing by contributing to, rather than undermining, the integrity and health of that community; and recognize and protect the rights of all members of that community.” (p. 1-2)

Legal Provisions
The ordinance provides for the rights of Ojai residents and natural communities to clean water and pollution-free soil, and specifically prohibits pollution of water bodies and the sale, application, and use of fertilizers containing phosphorus. Its prohibitions and policies “are rooted in the recognition that nature possesses inherent rights that must be upheld for the benefit of all living beings” and are the best way to “help protect the health, safety, and welfare of its current and future residents” (p. 3)

Chapter 5-16: Rights of Nature Ordinance (p. 5-6)
Sec. 5-16.03 – A Local Bill of Rights
(a) Right to community self-government. All residents of Ojai possess the right to self-governance, and corporate entities do not enjoy special privileges or powers under the law that subordinate the community’s rights.

(b) Rights of the people of Ojai. The people of the City of Ojai possess the right to clean water, which includes the right to healthy water bodies, and soil that is free from excessive amounts of phosphorus.

(c) Rights of natural communities in Ojai. Water bodies, possesses the rights to exist, flourish, and regenerate, which shall include the right to naturally recharge, the right to flow, the right to water quality necessary to provide habitat for native flora and fauna, the right to provide clean water, and the right to restoration. Flora, fauna, hillsides, and mountains in Ojai possess the right to exist, flourish, regenerate, maintain healthy ecosystems, and thrive in their natural habitats.

The ordinance was introduced on October 22, 2024 and approved on November 1 with a vote of 4-1.