Summary
On October 15, 2024, in a historic tribal-wide vote, the Rappahannock Tribe in Virginia became the first tribal nation in the U.S. to adopt a Tribal Constitution that recognizes the constitutional rights of nature. While many tribal governments have enacted laws recognizing the rights of ecosystems, this marks the first instance of a Tribal Constitution explicitly protecting a specific ecosystem.
The new Constitution affirms the legally enforceable rights of the Rappahannock River, granting it the ability to “exist, flourish, regenerate, and evolve.” This includes rights to groundwater recharge, to support healthy habitats for native species, and to maintain natural water flow. It also empowers any tribal member to enforce these rights in court. Additionally, the new Constitution also establishes a tribal court system, and the tribal council will be adopting a new code that will provide for enforcement of the rights of the Rappahannock River in their tribal court system.
“We are proud to be the first Tribe in the United States to recognize the constitutional rights of nature, through our recognition of the legal rights of the Rappahannock River. Legal rights for the River was a logical next step – to put the force of tribal law behind the River, focused on protecting our River as the Mother of our people.” – Anne Richardson, Rappahannock tribal chief.
Center for Democratic and Environmental Rights (CDER) assisted the tribe in developing the rights of nature constitutional provisions.
Suggested Citation:
Kauffman, Craig, Catherine Haas, Alex Putzer, Shrishtee Bajpai, Kelsey Leonard, Elizabeth Macpherson, Pamela Martin, Alessandro Pelizzon & Linda Sheehan. Eco Jurisprudence Monitor. V2. 2025. Distributed by the Eco Jurisprudence Monitor.https://ecojurisprudence.org/initiatives/rappahannock-tribal-constitution-recognizes-the-rights-of-the-rappahannock-river/.
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