A Bog’s Goodbye

  • Greg Seymour, with the Ohio Department of Natural Resources, walking through Cranberry Bog (Photo by Christina Morgan)

It’s normal to want to protect special
places in nature. But in some cases, these
places are disappearing simply because of nature.
Christina Morgan reports on an ancient spot that
might disappear in our lifetime. The people who
love it want to save it, but they might have to
let it go:

Transcript

It’s normal to want to protect special
places in nature. But in some cases, these
places are disappearing simply because of nature.
Christina Morgan reports on an ancient spot that
might disappear in our lifetime. The people who
love it want to save it, but they might have to
let it go:

For four generations, J-me Braig’s family has visited a rare
site, a bog left behind by glaciers thousands of years ago.

“As a child, I used to go out there and play on it, with my
grandmother, and we would pick cranberries; my brother and I would play on it. ”

Braig says her grandmother used to take a boat out to the bog
in a lake in Ohio. Her grandmother made pies and wine with
the cranberries.

Braig is a lake historian who’s worried about the bog. That’s
because it’s shrinking.

But before we talk about why it’s shrinking, though, it’s important
to know what makes this tiny area special.

Webster’s dictionary defines a bog as soft, waterlogged
ground. This bog, Cranberry Bog, is soft and waterlogged.
But it’s not ground. There’s no dirt. The bog is a 10 acre
patch of sphagnum moss.

Most bogs surround a glacial lake. Instead, Cranberry Bog is
surrounded by a lake, and floating. Here’s what happened.

Nearly 200 years ago, crews digging in an ancient river bed
created a reservoir to feed the Ohio and Erie canal. The
reservoir filled, the mossy bog floated to the surface. How or
why it stayed, no one knows.

“An absolute oddity. It shouldn’t be here.”

Greg Seymour is with the Ohio Department of Natural
Resources. He says the ancient bog is home to likely the only collection
of plants of its kind in the world.

More than 150 plants, a
handful native to Canada. Nudged southward by the glacier,
the plants are tricked by the cool bog mat into thinking they
never left home.

The bog is shrinking for several reasons. Waves from passing
boats loosen the bog mat. Storms topple trees
which rip out chunks of the mat. But Seymour says the biggest
threat is the bog’s chemistry, which makes the site its own
worst enemy.

“The number one factor is going to be the chemical reaction
between the alkaline lake waters and the acidic bog.”

The pH balance is off – way off. Cranberry Bog is doomed to disappear, probably within 30
years.

But area historian J-Me Braig remains upbeat, saying ever
since she can remember, someone has had a scheme to save
Cranberry Bog.

And sure enough, there is a new group determined to preserve the
ancient bog.

George O’Donnell leads Friends of Cranberry Bog. He and
others think one way to generate interest in the site, is to inventory of all that the bog has to offer.
Such an inventory is being done by the bog’s neighbor 8 miles
to the north, Dawes Arboretum.

Tim Mason is the manager of natural resources there. He says even
if the inventory and other efforts to preserve the bog fail, they
have a plan B. Dawes created a restoration area where pieces
of Cranberry Bog that break off are placed.

“We can just hold on to what’s there. It takes thousands of
years for the peat moss material to grow; so to create that is something we would certainly not see in
our life times.”

Saving the bog – or just preserving its pieces – are a long shot.
Yet the efforts persist. Historian J-Me Braig is one of many people
who hope for success. But even Braig admits, after more than
10,000 years, Cranberry Bog has had a pretty good run.

For The Environment Report, I’m Christina Morgan.

Related Links

Hemingway’s Paradise Lost

  • Students do 'the Hemingway thing' (Photo by Jennifer Guerra)

A good book has the ability to transport
you to different times and places. You can travel
to far off exotic countries or cities nearby. You
can also visit places that aren’t so easy to get
to – mostly because they don’t really exist anymore.
Places like Hemingway’s wild north woods. Jennifer
Guerra reports:

Transcript

A good book has the ability to transport
you to different times and places. You can travel
to far off exotic countries or cities nearby. You
can also visit places that aren’t so easy to get
to – mostly because they don’t really exist anymore.
Places like Hemingway’s wild north woods. Jennifer
Guerra reports:

Say what you want about Ernest Hemingway’s writing, the man loved his North Woods.
Up until his early twenties, he spent almost every summer up north at his family’s cottage
in Michigan.

And it’s there where most of The Nick Adams Stories take place.

“They were walking on the brown forest floor now and it was springy and cool under
their feet. There was no underbrush and the trunks of the trees rose sixty feet high
before there were any branches. It was cool in the shade of the trees and high up in
them Nick could hear the breeze that was rising.”

This is Nick Adams country in the early 1900s. The Last Good Country, Hemingway
called it. Filled with cathedral-like forests and streams swimming with big fat trout.

Now, it’s said that some of The Nick Adams Stories are based on Hemingway’s own
experiences in the north woods. Especially the parts in the book about hunting and
fishing.

“That was one of his favorite things to do.”

Valerie Hemingway was with the author when he wrote The Nick Adams Stories. Before
she married into the family, she was Hemingway’s secretary and occasional fishing
buddy. She says Hemingway used to go on and on about the good old days back in
northern Michigan.

“He taught me how to shoot a gun, told me about the river fishing – and these were
things that were initially associated with Michigan. And I think Michigan
represented the freedom in his life.”

But if Hemingway went up north today, he probably wouldn’t recognize the place.

“I think we’ve done our share of damaging it. And I’m sure there are areas where we
can still find something that he found, but it would be few and far between.”

Mary Crockett just finished The Nick Adams Stories. She read it as part of a state-wide
reading project put on by the local chapter of the National Endowment for the
Humanities. The reason The Nick Adams Stories was chosen for the great state read was
because of its obvious ties to Michigan and the north woods.

But Adam and Eva Colas
just read the book in a high school writing class. They’ve lived in Michigan their entire
lives, and they can’t relate to Hemingway’s North Woods at all.

“It doesn’t feel really representative of Michigan to me, cause it’s not the Michigan I know.”

“Cause even if you go to
Lake Michigan now for camping, there are specific pits for bonfires and specific cabins and all
these designated areas that make sure you don’t get lost or hurt, and you don’t have
to do anything for yourself.”

Their teachers thought that might happen, so they came up with the next best thing. An
outdoor classroom where the students can talk about the stories while doing what Adam
and Eva Colas call ‘the Hemingway thing’.

“The nature, hiking, canoeing. We can’t do the hunting/fishing thing, but just sort
of experiencing nature as nature.”

“Michigan as it was back in the day when this takes
place.”

See, that’s the beauty of a good book. Virginia Murphy teaches a class on Environmental
Literature at the University of Michigan. She says just because the students can’t
experience Hemingway’s world as it was back in the day, doesn’t mean they can’t learn
from his words.

“It allows them to see an environment that they’re not necessarily exposed to on a
daily basis. Most of us live in cities, drive our cars, work in buildings. And so it offers us a
perspective that we don’t have.”

So even if you never got to experience the north woods with all the big open spaces and
virgin forests and clear blue streams, well, there’s always the public library.

For The Environment Report, I’m Jennifer Guerra.

Related Links

Costs of Building in Danger Zones

  • In San Diego’s suburbs, the homes on the outer edges of developments and in close proximity to the surrounding countryside are the first to burn. (Photo by Lisa Ann Pinkerton)

During the past 20 years, we’ve been building
homes closer to nature. Whether it’s near coastal areas
or in the wilderness, homebuyers want to live in more
natural settings. But… Lisa Ann Pinkerton reports
often that means putting people and property in the path
of floods or fire:

Transcript

During the past 20 years, we’ve been building
homes closer to nature. Whether it’s near coastal areas
or in the wilderness, homebuyers want to live in more
natural settings. But… Lisa Ann Pinkerton reports
often that means putting people and property in the path
of floods or fire:

2007 was the second worst in history for wildfires in the U.S. Nine-million acres were
scorched and Southern California bore the brunt of it. Most of the property damage was
in San Diego where wildfires in wilderness areas spread to suburban neighborhoods. Half a
million people were evacuated and Shannon Denton was among them. She says her
neighborhood was cleared out at 4 in the morning.

“We were scared. ‘Cause we didn’t – luckily we had all our pictures organized, so we just took most of our pictures and our video stuff, grabbed our kids at the last minute and left within a half-hour. It was scary, very
scary.”

(construction sound)

These days, Denton’s subdivision is busy. There are bulldozers demolishing the burned
out remains of old houses. And construction crews are building new ones on every single
street.

Denton’s thankful her house was spared. But she says even if it had burned down, she’d
take the risk of it happening again, because she likes living here.

“It’s pretty close to nature. There’s a lot of walking and hiking, a lot of mountains that you can take trails and different things.”

Despite the risk of fire, people like Denton don’t want to leave. Some of the 18-
thousand homes lost in San Diego last fall were built in places where wildfires had
burned only four years earlier.

That’s not unusual. The US Fire Administration says nearly 40% of new home
development across the country is in places where residential homes and wilderness meet,
and thus, are more prone to fire.

“They have a right to build that single family home.”

That’s Jeff Murphy of San Diego County’s Department of Planning.

“As a jurisdiction its our responsibility to have codes and ordinances that are
in place to make sure that there’s minimal structural damage as the result of wildfire and minimize
the risk of loss of life.”

Murphy says people are going to live where they want to, all government can do is
require smart development. And San Diego’s building codes are the most restrictive in
the California. They were reevaluated after the 2003 wildfires, when seven percent of the
homes were destroyed.

In the 2007 wildfires, Murphy says the new codes reduced that loss to one-percent.

“Even though we had a lot of structure loss during these fires, what these
numbers are showing us is that our codes are working.”

And Americans aren’t just building in areas at risk of fire. We build in flood zones, too.
FEMA estimates around 10 million people in the US are at risk of flooding. And
according to the United Nations, we saw the most floods of any country last year.

Roger Kennedy is a former director of the National Park Service. He says this kind of
“risky living” costs US taxpayers about two-billion dollars a year in firefighting and
rebuilding costs. The total in property damage hovers around 20 Billion.

Kennedy says people are choosing to build and live on land that’s in danger-prone areas
because they’re not responsible for the true costs. Insurance, guaranteed mortgages, and
federal disaster relief have reduced the personal financial risk.

“People wouldn’t settle in places from which they knew they would not be
rescued and where the taxpayers wouldn’t pick up- or the insurance company which is
essentially the same thing- wouldn’t pick up the tab.”

Kennedy says knowing about a home’s potential risk might reduce the material cost of
fires and floods. And, it might save lives.

But he says, people have to want to know their risks. And even then… they might choose
to ignore it. Because for many, the enjoyment their property brings far outweighs the
occasional “Act of Nature.”

For the Environment Report, I’m Lisa Ann Pinkerton.

Related Links

Climate and Plant Extinction

A new study finds that as plant species go extinct around the world,
ecosystems could become a lot less productive. Rebecca Williams
reports, this could be bad news for the services people depend on from
nature:

Transcript

A new study finds that as plant species go extinct around the world,
ecosystems could become a lot less productive. Rebecca Williams
reports, this could be bad news for the services people depend on from
nature:


Plants work overtime for us. They produce oxygen and food, among a lot
of other things. But many plant species are going extinct.


A study in the Proceedings of the National Academy of Sciences says as
we lose plant species, ecosystems could become half as productive as
they are now.


Brad Cardinale is the study’s lead author. He says preserving habitats
could slow the loss of species:


“For every place we build, every place we put a house, every place we
put a mall, we set aside another tract of equal size for the other 10 million
species on the planet to persist.”


Cardinale says we should start setting aside more land soon. Some
estimates suggest as much as half of all known species on Earth could
be extinct by the end of this century.


For the Environment Report, I’m Rebecca Williams.

Related Links

Nature Profile: Women and the Woods

  • (L to R) Lorin Waxman, Cindy Waxman, Pamela Waxman, Bonnie Waxman, on their back deck. (Photo courtesy of Pamela Waxman)

Fairy tales and slasher films suggest that
the woods can be a scary place. It’s a place where
someone or some thing could hurt us. In our
occasional series about people’s connections to
the environment, Kyle Norris talks to one woman
who has every reason to fear the woods, but has
come to reject that notion:

Transcript

Fairy tales and slasher films suggest that
the woods can be a scary place. It’s a place where
someone or some thing could hurt us. In our
occasional series about people’s connections to
the environment, Kyle Norris talks to one woman
who has every reason to fear the woods, but has
come to reject that notion:


Pamela Waxman spends every minute of her free time hiking,
camping, and backpacking through the woods. And when she’s
in the woods she smiles a lot. And talks slower and a little
easier than when she’s in her day-to-day life. She likes
exploring nature with other people. But she also enjoys going out
by herself, and she does a lot. And that really stresses-out her
parents.


“They’re worried that something’s going to happen to me,
something bad. That either I will be attacked or that I’ll break a
leg or something and there won’t be someone else to help me or to go for
help. They don’t want to lose me and they don’t want me to
suffer.”


For some people, there’s a great fear involved when women go
into the woods. Especially when women go into the woods alone. For Pamela’s
family, this concern is based in reality.


“Well, my sister was murdered out in nature attending to
something she loved. She was alone in a wooded area and
somebody attacked and killed her. So it’s easy to see a parallel
with me going out in woods and being alone in a wooded area.”


Pamela’s older sister, Cindy, was sexually assaulted and killed
in the woods near her home. She had just turned eleven. Pamela
was eight. It makes sense that Pamela may not enjoy being out in the woods, but that’s not what happened. Instead of avoiding the
woods, she embraced the woods:


“I do turn to nature as a place to be and it’s definitely linked to
fact that Cindy was murdered in sort of a wooded area in the
suburbs but still. I reject that. I’m not going to live that way.
I’m not willing to stay indoors and not go out because
someone might murder me in the woods. I don’t think that’s
rational. I don’t want to and will not live that way and I don’t
want to set the example for other people to do that.


“Like the first thing my parents did, like really soon after my sister
was killed was send me away to camp. Which seems totally ridiculous now, but… backpacking which I don’t think I’d ever done, backpacking, rock
climbing and repelling. Under the supervision of basically
a bunch of teenagers, 19-year-olds. For a week, in the High Sierras. Sounds insane. Was totally great. I’m so grateful they sent me because it would have been so easy to clamp down.
And be like no you’re staying with us so we can watch you.
But they didn’t so that. They sent me out into the woods.”


(Norris:) “Did nature help you heal from her death?”


“Oh, I don’t know. Have I healed from her death? Not really…”


But she keeps going back to nature. Today Pamela works at a teen
center. And she recently took a group of teenage girls on a
week-long camping trip. She said the girls would say things like
“I’m afraid of the dark,” or “the woods are creepy”:


“There’s a lot of fear. I think it’s an internalized fear about
violence, rape. I never hear, then they feel it and repress it, but I
never hear boys and men say that they’re afraid to be out in
nature.”


So helping young women feel safer and more comfortable in
nature has become one of Pamela’s personal goals. Pamela says
that nature has taught her about survival. It’s taught her about being normal. And
being fine.


For the Environment Report, I’m Kyle Norris.

Nature Profile: Nature & the City

  • Audra Brecher, who lives in Manhattan, says the city lights are her stars. (Photo by John Tebeau)

Big cities have skyscrapers, smelly subway stations,
and people from all over the world. In our
occasional series about people’s connections to the
environment, Kyle Norris talks with one big city
resident who says that the people and places of New
York City connect her to the world:

Transcript

Big cities have skyscrapers, smelly subway stations,
and people from all over the world. In our
occasional series about people’s connections to the
environment, Kyle Norris talks with one big city
resident who says that the people and places of New
York City connect her to the world:


Audra Brecher wears her chestnut hair in a Louise
Brooks bob. Actually, she’s a dead ringer for Louise Brooks,
that silent film movie star. She’s stylish
and snazzy.


Audra lives in Manhattan. Her apartment is above a
pizza parlor on a bustling avenue. She says in the
evenings, she hears blaring taxi horns and the thumping
techno music from the clubs on her block. But she
loves everything about the city: its sounds,
its architecture, and its people.


I once asked her if she ever missed nature. She said,
“The city lights are my stars.”


“Yeah, I don’t feel as if I’m missing anything. I don’t
feel maybe such a romantic feeling about stars, the
night sky. I feel maybe the same excitement when I
see the city lights and when I walk across Lexington
and I look north and I see the Chrysler Building lit
up and those beautiful, starry chevrons of the
Chrysler Building. I think maybe the feeling I have
looking at that, is what other people feel when they
look at the night sky.”


So here’s the deal. When I think of someone connected
to nature I picture a state park ranger. I picture a crunchy-
granola type. I do not think of someone who wears
fashionable clothes and wines and dines in the city. I
do not think of Audra. But Audra says she has a
better connection to the natural world than people in the
suburbs:


“I go to the Union Square market on Saturday and I
buy varieties of apple that have come from the
Hudson River Valley and I know my parents, who
live in the suburbs in Florida, they go to the grocery store
where they buy everything pre-packaged and already
cut up fruit. I feel like my experience is actually closer to
nature even though I’m in heart of Manhattan.”


Audra works in an architecture firm. She’s a historic
preservationist, and she’s studied architecture all over the
world. But she grew up in the Florida suburbs. And
what she saw there – the sprawl and development –
seemed wrong to her:


“What led me to do what I do is noticing how
unhappy I was with a suburban existence. Having to
get in car to drive somewhere, or looking at
expanses of parking lot in strip centers and
subdivisions with gated communities that are named after
the natural feature they replace. Like ‘Eagle’s Nest.'”


Those new developments seem wasteful to her. She
likes the idea of re-using materials. And this
connects her to nature. At her job, she’s always in
close contact with old buildings and old materials:


“Yeah, I love the materiality of them. I mean, I love
an old brick from 120 years ago. I love the building
materials and the craftsmanship from that time. I
love the idea of taking something that has been cast
aside and might not be used and giving it a new
purpose, giving it a new vitality. Taking a building that
somebody has abandoned and giving it a new life.
To me, that’s the ultimate recycling.”


Audra says although she’s not walking through the
forest and communing with nature, she feels
ecologically responsible in different ways. She either walks or takes public transportation to get someplace. She never drives a car.


“I’m not asking so much of the world in terms of
water and energy and resources and I feel like when
live in dense environment you are allowing for those
things to remain protected and safe. And pristine. So
I feel like a responsible citizen living in Manhattan
in many ways.”


This stylish city-slicker may not be the person
who pops in your head when you think of someone who’s connected to nature. But Audra’s
deeply connected to the world around her in her own way. She’s also aware of how we can use natural
resources in better ways.


For the Environment Report, I’m Kyle Norris.

Nature Profile: The Sky as Blue Kool-Aid

  • Jacoby Simmons (right) is blown away by nature. (Photo by Emma Raynor)

Today we have the latest installment in our series about people’s connections to nature.
Producer Kyle Norris wanted to find out what younger people thought of the outside world.
She spoke with one young man who said that nature can blow your mind:

Transcript

Today we have the latest installment in our series about people’s connections to nature.
Producer Kyle Norris wanted to find out what younger people thought of the outside world.
She spoke with one young man who said that nature can blow your mind:


Jacoby Simmons is your regular nineteen-year-old guy. He goes to community college
and loves to hang out with his friends and skateboard. He’s also a DJ, and he spins records at
parties as a part-time gig.


Just about every day, Jacoby spends some time hanging outside. Sitting on a park bench. Going for
a walk. But things weren’t always this way. As a kid, his life was about eating cereal and
watching TV:


“I guess nature seemed to find me in a way… I don’t remember when I started just
sitting and watching trees. And watching the clouds go by very slowly and trying to see
what images are in the clouds and whatnot.”


Jacoby says as he started to notice the world around him, it changed the way he felt:


“I stayed up all night one night just playing video games, ’cause I’m a loser like that, but I
saw the sunrise and it really, it sounds weird but it really put me at ease. I felt like
complete peace when I saw the sun come up. I mean, just
knowing that life keeps going no matter what.”


You probably get what Jacoby is saying, right? I mean, when I see the sunrise, it makes me feel
like, ‘Yeah planet, we get another day!’ Anyway, Jacoby has this other memory about
nature that’s also pretty special to him:


“Watching stars. The first time I actually looked at the stars, and I don’t mean just go
outside and oh, there are the stars, I mean like go outside and sit in the nighttime and
watch stars. That really blew my mind. It was actually the first time I went on the
backpacking trip a couple of years ago. Because there were no street lights because there
is no extra light, period. You’re in the woods and it’s total darkness and you look up and
I’ve never, ever, ever seen that many stars at that time. I almost cried because it was so
mind-boggling that there were so many stars that I just couldn’t see anywhere else.


(Norris:) “What did it look like?”


“It looked like…I guess you could say the sky looked like a big pitcher of blue Kool-Aid
and salt. Cause the stars were bright and looked like salt. It made me realize there’s just
more to life than just like school and work and making money and trying to stabilize your
life. I don’t know. Oh man, that was crazy, that was nuts.”


Have you ever had a moment like that out in nature? Where you were just totally blown
out of the water? You could.


For the Environment Report, this is Kyle Norris.

Nature Profile: Outdoor Worship

  • Outdoor enthusiast Jerry Sherman. (photo by Colleen Sherman)

People enjoy nature for all kinds of reasons. In our occasional series about people’s
connections to the environment, producer Kyle Norris spent time with a recreational
hunter and fisher who says that when he spends time in nature he never feels any
pressure:

Transcript

People enjoy nature for all kinds of reasons. In our occasional series about people’s
connections to the environment, producer Kyle Norris spent time with a recreational
hunter and fisher who says that when he spends time in nature he never feels any
pressure:


Jerry Sherman can fix anything, and he’s fixed a few things around my house. He’s
always carrying a coffee cup with him everywhere he goes. And he’s one of those guys
who wears those dark, working men jeans. And cowboy shirts with pearl buttons. We took a
walk the other day and talked a lot about fishing and hunting. I was wondering how he
got into those things:


“When I first started I was a foreman and I was under a tremendous amount of pressure
there’s always somebody in your face all day long. Either talking to somebody or on the
phone. So then, when you get outside and get away from people, you can be in your own
little world, and think whatever you want to think… there’s no body… what do I do here,
what do I do there.”


KN: Jerry has a couple of friends – actually they’re a pair of twins – that he likes to go
fishing with. But a lot of times it’s also about being alone:


“It’s both of those things. There are days that I want to be by myself and just go fish by
myself and there’s days that you feel that need to be with your friends. And that’s when
you want to fish with them. Good example, the other day, when we were fishing we spend
time together then all three of us go off in different directions. That does two things: it gives us
more area to cover, but we all enjoy fishing alone to a certain amount.”


I think Jerry and I feel similarly about nature. It makes us feel calmer. If he’s like me, it’s
kind of about being part of a bigger picture. So I asked him, what he feels when he’s alone in
nature:


“You’re feeling great and there are some times you just sit down and do some praying on
your own sometimes. And you can pray to God in your
own way and nobody’s putting any pressure on you…Well, in a church you kind of feel
like you’re sometimes pressured into praying a certain prayer for somebody, and you’re
out in nature you can pray for whatever you want and nobody’s looking at you or putting
any kind of pressure on you. Does that make any kind of sense? ‘Cause I think everybody
prays to a certain extent. Uh, I just find a rock and sit down and meditate. Maybe talk to
myself.”


Jerry said the last thing he prayed for was his family, which is funny because hunting
and fishing are ways for him to get away from his family:


“Well, there again a lot of the reason you go out there is to kinda relax and unwind. Kind of
retune your body and mind. And when you back to be around your family I’d say you’re
kind of relaxed and out from underneath all this pressure. You kind of get a chance to sort
things out.”


Like Jerry, maybe all of us need a chance to get away from everybody. And spend some
time in nature. And sort things out.


For The Environment Report, I’m Kyle Norris.

Defending Rights of Nature

  • Sister Pat Siemen (pictured) leads a seminar on earth jurisprudence at Barry Law School in Orlando, Florida. (Photo by Jennifer Szweda Jordan)

Some lawyers believe it’s time to stand for the rights of nature. They want to represent trees. They want to defend the rights of birds and lakes, and all of nature.
They’re trying to put into practice a theory called earth jurisprudence.
Jennifer Szweda
Jordan has the story:

Transcript

Some lawyers believe it’s time to stand for the rights of nature. They
want to represent trees. They want to defend the rights of birds and
lakes, and all of nature. They’re trying to put into practice a theory
called earth jurisprudence. Jennifer Szweda Jordan has the story:


A law seminar on defending the rights of nature is probably not what
you expect, at least not at first. The start of Roman Catholic Sister
Pat Siemen’s law seminar on earth jurisprudence is unorthodox and Zen
like:


“We’re gonna start with our reflection time. And what I’d like you to
do is close your computers.”


Siemen taps a handheld chime in a classroom at Barry Law School in
Orlando, Florida. She has the law students practice slowing down so
they’ll notice what’s going on around them in nature, and they’ll take
the time to really think about arguing for the rights of nature in the
courtroom.


The legal system doesn’t recognize the rights of nature just yet.
Courts interpret the Constitution as protecting needs and rights of
humans. So only humans, or say, groups of humans such as corporations
can sue. The rights of bunnies and trees aren’t entitled to a voice in
courtrooms. Siemen says the emerging field of earth jurisprudence wants
to change that.


Part of the whole thought of earth jurisprudence is that other beings
actually be given their rights -legislatively – to come into court
through the understanding that someone as a guardian or trustee stands
in their right.


Besides teaching this new area of law, Siemen directs the Center for
Earth Jurisprudence. The center’s just wrapped up its first academic
year. Siemen’s early legal work focused on advocating for people who
were poor, minorities, or otherwise marginalized.


Siemen moved in a different direction when she was influenced by
ecotheologian Thomas Berry. Berry says that if the animals and trees
had a voice, they’d vote humans off the planet. Siemen was shocked:


“I had spent my whole life – at least adult life – ministerially trying
to stand in positions of empowerment of others, and furthering the
rights of others and I had never once really thought about what it
meant to be – whether it would be rivers or endangered species – what
it would mean to have to live and exist totally by the decisions of
humans.”


Siemen was also influenced by University of Southern California Law
School professor Christopher D. Stone. Stone wrote an article entitled
“Should Trees Have Standing?” In 1972, Supreme Court Justice William
Douglass agreed that inanimate objects should have rights. But that
view hasn’t gotten very far in American courtrooms.


The idea that ecosystems should have legal rights is problematic in the
view of free-market advocates. Sam Kazman is General Counsel for the
Competitive Enterprise Institute. He calls the theory of earth
jurisprudence gibberish.


“It is impossible to lay out what is in the best interest of an
ecosystem unless you lay out just what you as someone who owns that
ecosystem, or enjoys it, or appreciates it from a distance, what you
hold important.”


In other words, the owner will decide what’s best for the ecosystem.
Some legal experts believe giving nature rights would take nothing less
than a constitutional amendment.


University of Pittsburgh Law Professor Tom Buchele disagrees. He’s an
environmental lawyer who’s used the standing concept – unsuccessfully –
in arguing for a forest. He says that the Supreme Court could, if it
chose, interpret the constitution as allowing nature to have legal
standing:


“There’s certainly nothing in the constitution that says a case or
controversy has to have a person as the entity. It’s just that current
case law doesn’t do that.”


Buchele and Siemen know changes in court decisions are a long way away.
But if teaching about earth jurisprudence can make tomorrow’s corporate
counsels, real estate lawyers, and governmental officials consider the
trees and the water in their work, Siemen feels she’ll have made some
progress.


And getting law students to think about the rights of nature along with
the rights of humans might be the start of the legal revolution Siemen
wants to see.


For the Environment Report, this is Jennifer Szweda Jordan.

Related Links

Birder Connects With Nature

  • Anya Dale (pictured above) says being in nature "forces you to look at your priorities." (Photo by Kyle Norris)

Here’s the latest installment in our
occasional series about people’s connections to
the environment. Producer Kyle Norris has been
asking people if they feel close to nature. Today
she hikes with her friend Anya Dale,
an amateur bird-watcher and nature enthusiast:

Transcript

Here’s the latest installment in our
occasional series about people’s connections to
the environment. Producer Kyle Norris has been
asking people if they feel close to nature. Today
she hikes with her friend Anya Dale,
an amateur bird-watcher and nature enthusiast:


Anya and I are walking through a shady, hilly forest. And birds are
chirping everywhere. Usually when Anya hikes, it’s just her and nature.
Microphones and reporter friends usually don’t make it into the
equation, so I think Anya’s a little nervous:


“See um, yeah, that’s where it is (bird sounds) I don’t know if you can
see it. Sorry I’m totally getting distracted. Do you see, it’s like
through that tree, the one tree behind it, now it’s flying back. I
think they’re red belly woodpeckers. Let’s go down closer.”


Anya is little and feisty. She buys almost all of her clothes from
second-hand stores. I always see her in earth-toned corduroys and
fleece vests. She’s this eco-groovy chick walking down the path:


“Well, right now, we are walking through Bird Hills. Checking out the
trails. I partially try to just zone out a little bit. Coming out here to a
certain extent is an escape to do much of anything. But I also just
find myself listening to all the birds and trying to figure out what
kind they are and where they are. It’s usually not too successful, but it’s
still fun just listening and paying attention to what’s around.


Anya says that when she doesn’t spend time outside, she gets grouchy.
She recently visited New York City. Even though she had a fun time, she
says the city just doesn’t move her the way spending time in nature
does. Like the time she went backpacking with her friend:


“It forces you to look at your priorities and what does, it really
matter you don’t like your hair cut you got, does it really matter that
you don’t do all of these things. Or do you have time to focus on what
is important that you accomplish in your life? Or the people in your
life. And it forces you to slow down.”


As we walked through the woods, Anya pointed out tons of birds. We
listened to one that sounded like a monkey. Anya said that bird always
make her laugh. In fact, a lot of birds catch her attention. We
couldn’t walk for more than a few minutes without her stopping mid-
sentence to track some bird:


“Part of what the awe I have in birds is that they’re really tough. And
also just being able to survive the winters or even just the cold
nights, they essentially go into torpor, it’s sort of like a type of
hibernation not quite as deep. But they go into this every night and
lose fifty percent of their body weight and they have to shiver and
shiver and shiver to wake themselves back up. And it’s a huge stress on
their body and they truly, what they eat during the day is what’s going to keep them
alive at night. But you just hear their pretty songs and they’re flying
around playing and they’re incredibly tough.”


They’re not just tough. They have a bird’s eye view of life, literally.
Anya told me that she admires how birds can really see the big picture
of things. That’s because they migrate thousands of miles. She says
that larger view is something she strives to see in her daily life:


“And I think about them, they can just, not that there’s an infinite
number of place they can fly to, but they sort of get this more
regional or global view of the world than most other species or other
animals. So, sometimes I think that’s got to be amazing to see things
on a bigger scale like that…Sorry I always get distracted as soon as I see
a bird, so it’s hard for me to focus!”


I’m not a birder and I don’t really spend a lot of time paying
attention to birds. But after Anya and I went hiking I started to
notice them. Like the other day a cute little bird with a cherry-red
splash on its head stood next to me on the sidewalk. And I heard
woodpeckers during my morning run through the woods. Birds are
everywhere. And maybe you’re like me… you didn’t even notice them,
until somebody pointed them out.


For the Environment Report, I’m Kyle Norris.