Summary
In 1972 Supreme Court Justice Douglas wrote in his dissent in the court’s decision on Sierra Club v. Morton that the Mineral King Valley, and all nature, should have legal standing to sue on behalf of its own preservation, akin to the legal standing extended to corporations, ships, and other “legal personalities” under US law (6).
Case background:
In 1969, the US Forest Service approved a plan by Walt Disney Enterprises to develop a complex of motels, restaurants, swimming pools, parking lots and other structures in the Mineral King Valley, which has been part of the Sequoia National Forest since 1926 and is designated as a national game refuge by a special Act of Congress. In 1969, the Sierra Club sued to stop the development saying that the proposed development contravened federal laws and regulations governing the preservation of national parks, forests, and game refuges. The District Court hearing the case granted the Sierra Club’s requested preliminary injunction. The respondents appealed, and the Ninth Circuit Court of Appeals reversed the District Court ruling saying that the Sierra Club did not have standing to sue. The question of standing was appealed to the Supreme Court, which upheld the Appeals court ruling. However, Justice Douglas wrote a dissent arguing that the Mineral King Valley, and all other environmental objects, should have standing to sue for their own preservation, citing Christopher Stone’s arguments in his law article Should Trees Have Standing? Toward Legal Rights for Natural Objects (1972).