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Nature's Trust: Environmental Law for a New Ecological Age, by Mary Christina Wood
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Environmental law has failed us all. As ecosystems collapse across the globe and the climate crisis intensifies, environmental agencies worldwide use their authority to permit the very harm that they are supposed to prevent. Growing numbers of citizens now realize they must act before it is too late. This book exposes what is wrong with environmental law and offers transformational change based on the public trust doctrine. An ancient and enduring principle, the trust doctrine asserts public property rights to crucial resources. Its core logic compels government, as trustee, to protect natural inheritance such as air and water for all humanity. Propelled by populist impulses and democratic imperatives, the public trust surfaces at epic times in history as a manifest human right. But until now it has lacked the precision necessary for citizens, government employees, legislators, and judges to fully safeguard the natural resources we rely on for survival and prosperity. The Nature's Trust approach empowers citizens worldwide to protect their inalienable ecological rights for generations to come.
- Sales Rank: #647383 in Books
- Published on: 2013-09-30
- Released on: 2013-11-28
- Original language: English
- Number of items: 1
- Dimensions: 8.98" h x .87" w x 5.98" l, 1.35 pounds
- Binding: Paperback
- 457 pages
Review
"What Silent Spring did for our perception of the environment, Nature's Trust should do for our perception of environmental protection. Thoroughly researched and beautifully written, this book calls for a revolution in environmental policy and law - now, before it is too late. It is simply brilliant."
James Gustave Speth, author of America the Possible: Manifesto for a New Economy and former dean, Yale School of Forestry and Environmental Studies
"The gutting of our environmental laws now generates ominous and grotesque distortions in our natural world. This, as Mary Wood so vividly points out, reflects the deeper pollution of our regulatory agencies caused by the influence of big industries. Assembling an impressive range of legal precedents, Wood challenges our government to fulfill its age-old responsibility as "trustee" of public property. Nature's Trust is an eloquent plea to revive a fundamental pillar of civilized law to ensure the survival of a coherent civilization."
Ross Gelbspan, author of The Heat is On and Boiling Point
"At pivotal points in western history, when the failures of government became unconscionable and unbearable, thinkers have come forward with new, catalyzing principles that changed the world. I believe that Nature's Trust is the book we have been waiting for, a new paradigm that can correct the course of history."
Kathleen Dean Moore, co-editor of Moral Ground: Ethical Action for a Planet in Peril
"We face, in climate change, the worst crisis in human history. So it's a good thing we have such a powerful mind rethinking our understanding of legal obligation - and human responsibility."
Bill McKibben, author of Earth and The End of Nature
"Our children are trusting us to protect their Earth. Our governments are on trial for failing that trust. This is the trial that should rivet the public's attention, for all life depends on its outcome. This book puts the people - all of us - in the jury box."
James Hansen, author of Storms of My Grandchildren and former director, NASA's Goddard Institute for Space Studies
"It is a rare opportunity to read a book that causes us to reimagine the landscape of law, democracy and the environment. Nature's Trust does that. Here, Professor Wood challenges us with a thorough investigation of what it will take to really protect the environment coupled with a profound assessment of the legitimate foundations of government. She demonstrates that the principles of trusteeship animate our relationship to nature as well as to the institutions of the state. These trust duties are the very slate upon which our constitution is written. This is a beautiful, profound, and important book and anyone who cares about our environmental and democratic future needs to read it."
Gerald Torres, Marc and Beth Goldberg Distinguished Visiting Professor of Law, Cornell Law School; Bryant Smith Chair in Law, the University of Texas at Austin School of Law; and co-author of The Miner's Canary
"Nonetheless, as jacket blurbs by Bill McKibben, James Hansen, and Ross Gelbspan express quite well, Nature's Trust is both ambitious and original. For anyone interested in using the legal system to prod action, Wood has made a major contribution."
Rena Steinzor, Science Magazine
About the Author
Mary Christina Wood is the Philip H. Knight Professor of Law and Faculty Director of the Environmental and Natural Resources Law Center at the University of Oregon School of Law. She has taught law for more than twenty years, specializing in property law, environmental law and federal Indian law. She founded the school's top-ranked Environmental and Natural Resources Law Program and initiated several of the program's interdisciplinary research projects, including the Native Environmental Sovereignty Project and the Food Resiliency Project. She is the coauthor of a textbook on natural resources law and another on public trust law. She has also authored many articles and book chapters on the federal Indian trust obligation, wildlife law and climate crisis.
Most helpful customer reviews
24 of 24 people found the following review helpful.
This book will inspire a paradigm shift in the public's perception of environmental law
By Rance Shaw
I first became aware of Mary Wood's work during my junior year of high school. She was giving a speech about the public trust doctrine to an audience of over 10,000 people. The event drew citizens from all sectors of society: scientists, teachers, parents, activists, and students from all levels of education. It was obvious the public wanted to become educated about the inadequacy of the current state of environmental protection. But for the average citizen it is nearly impossible to comprehend environmental law. This book was written for those who wish to know why they should be dissatisfied with a government that believes protecting the environment is a matter of discretion, not obligation.
Albert Einstein once said, "If you can't explain it simply, you don't understand it well enough." By that rationale, it is easy to see why Mary Wood is an authority on the public trust doctrine in environmental law. The book is written in plain English--her writing reflects the manner in which laws and policies should be written. She is skillfully able to digest the complexities of modern environmental law for the layman without being patronizing. Readers will find that Nature's Trust reads like a narrative while educating like a textbook. It finds the perfect balance between two drastically different styles of writing. The accessibility of this book may be deceptive. However, accessibility does not come at the expense of substance. Praise by the likes of James Hansen, Ross Gelbspan, Gerald Torres, and Bill McKibben can attest to that fact.
Nature's Trust is so powerful because Professor Wood is able to connect with the reader on an emotional level. She inspires us to reflect on the moral obligation that we have to future generations. She guides the readers through the necessary process of becoming upset, frustrated, and discouraged by the current state of the environmental legal system. But she isn't content to abandon the reader in a state of despair. Many people are already upset with the way our government handles environmental protection. But she helps us to develop a logical basis for our dissatisfaction built upon longstanding notions of governmental obligation. By defining the breach of duty of our government as a trustee--whose fiduciary responsibility is to protect the ecological res--she is able to offer us a way to restore governmental accountability. She helps us realize that there exists a means by which we can bring real change. This book is the catalyst that is needed for a paradigm shift with respect to the way which we understand the duty that is owed to us by our government. It is impossible not to be moved while reading this book.
21 of 21 people found the following review helpful.
A Must Read for Lay and Lawyer Alike
By Hal Darst
As an Environmental Law Professor at the University of Oregon, Ms. Wood is uniquely positioned to evaluate the success, or lack thereof, of environmental legislation and regulation since its inception. The power of this book, however, is in its relevance to both the present day and the future, as we face a rapidly changing world with intensifying environmental consequences. The issues addressed in this book are not about the aesthetic desirability of a clean environment, but the absolute survival necessity of reclaiming the legal foundation that can sustain a delicate ecological balance, rather than the status quo that exacerbates the severe ecological imbalance threatening ourselves and certainly our children.
Surveying past failures of environmental law, Ms. Wood challenges us to consider the imminent threat and pervasive consequences specifically of climate change, which she appropriately re-terms as climate emergency. The problem isn't a benign "warming" of the planet, or even what some see as a hum-drum acknowledgment that the climate is changing. It is the fact that our obsession with all things economic and material is placing us on a path to a radically different world of climate extremes. Her impassioned call to awareness - isn't about something that "might" someday affect us - it is to recognize that relying on ineffectual environmental law is currently having truly disastrous consequences. As global, "average" temperatures rise, they exacerbate patterns of both drought and flooding, as well as intensifying extreme storm conditions like typhoons and hurricanes. These weather patterns are but the tip of the iceberg (a metaphorical iceberg that isn't melting - but can easily take down not only the Titanic, but any and all luxury cruise ships that continue on autopilot).
The last person I would expect to highlight the hopeless failure of current environmental law would be an environmental law professor, and I think this is a courageous and profoundly honest book. It is a call to reclaim the essential foundation of law itself, its purpose and meaning. The success of utilizing legal technicalities has biased courts and governmental bureaucracies toward the letter of the law - indeed we've gotten lost among the dotted `i's and crossed `t's and have sacrificed completely the spirit and intent of our environmental laws. While it appears the author is advocating a paradigm change, and that's a helpful construct to use, the actual problem is we've lost sight of the sun itself - the organizing principle of our legal maze, without which we are subject to a piecemeal, chaotic, relativistic, legal universe now threatening all we hold dear. To reclaim the legal foundation of the trust doctrine, as conceptualized here, based constitutionally on the ecological/natural world, provides an otherwise lacking common-sense approach to a legal system hopelessly complex, irrelevant and impotent. It can offer the environmental protections and behavioral guidance that we rely on a legal system to provide.
Reclaiming language, Ms Wood advocates a conservative perspective in the absolute truest sense of the word, in response to the radically extremist perspective that we can live without regard to the consequences of blind resource extraction and pollution. The denialist outrage that often greets books such as this is nothing more than the cries of withdrawal of those powerfully addicted to greedy dreams of unlimited materialism.
Ms. Wood masterfully contrasts the imminent threat of ecological crisis as perversely matched in degree by the impotence of existing environmental law. Seeing grievous past failures and a searingly bleak future prospect as she assesses where our current legal and ecological climate is leading us, she does not blink, there are no blinders, there is no denial. It is difficult sharing in her perception of the current state of the world. But such acute perception of "what is", also lends itself to a tangible, meaningful vision of what could be.
Despite years of increasing pessimism, I experienced this book as tremendously inspiring, and dare I say, cautiously hopeful. Content aside, it is an immensely enjoyable book to read - the author uses words, concepts and history like the strokes from an artist's brush to provide context, impact and vivid color to a very bleak topic. If you value democracy this is a very important book to read. If law is to have any validity or meaning in the future, this book is a vital statement as for rescuing it from its lost moorings. And if you simply cherish our world with all its ecological richness and beauty - and have a desire to see it continue, this is an absolutely essential book to read. Then, buy it for those others we know in the regulative bureaucracy, the courts, the legislative branch and for any engaged citizen of our commons.
18 of 18 people found the following review helpful.
The Truth is Exposed, and Alternative Provided
By Thomas J. Beers
"If only the truth be known". Mary Christina Wood offers no spin, no talking points, in this excellent historical review of a natural tragedy. She presents an extremely well documented, damning exposé of how present environmental laws have been ignored, twisted, abused, misapplied and corrupted by Government officials and the myriad of lobbyists who are willing to sell our children's rightful inheritance for their political or monetary gain. The book, chapter after chapter exposes in vivid detail how our system, enacted to protect our cherished part of this planet, has been and will continue to be, an experiment gone wrong.
As we continue now on this ill conceived path, Wood sheds a bright light on the destruction occurring to nature we need, as a civilization, to survive; and the negative role these laws are playing in that destruction.
Wood is not giving up. She proposes the law of "Nature's Trust"; that nature's essential resources belong to all of us and Governments have a solemn moral obligation to protect and preserve them. She offers a compelling, viable alternative to a system that is on a path to bankrupt that which sustains us all.
This book should be read by everyone who cares about how and why we have come to this point in our existence, and how, with Wood's alternative, we might be able to leave a world as we have known to our children and grandchildren.
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