initial dialogues are attempted . In particular , Deloria points out that the North American use of time and history — as basic social and cultural organizing suppositions — allows exploitation to become a means of achievement . But the Native American tradition of holding their lands — space and place — has taught , instead , the sacredness of the lands .
As an example of how these two divergent perspectives often conflict , Deloria cites the example of a United States Supreme Court decision . The 1972 case of Sierra Club vs Morton case , had the Sierra Club representing the Mineral King Valley adjacent to the Sequoia National Forest in northern California , and Morton representing the Disney Corporation who wished to build an extensive ski resort . The corporate side , not surprisingly , won . But Justice William O . Douglas disagreed with the majority and wrote a dissenting opinion . Deloria points out that Douglas “ wrote what may come to be regarded in later years as the first major effort in the history of American jurisprudence to incorporate a contemporary understanding of nature into law .”
Douglas argued against the accepted understanding of standing . Rather than only recognizing individuals who have been demonstrably injured to have the right to bring suit to a court of law , he argued a case for an expansion of the concept of standing to include inanimate objects in nature . This would effectively redefine how humans relate to nature . He stated : “ The critical question of “ standing ” would be simplified and also be put neatly in focus if we fashioned a federal rule that allowed environmental issues to be litigated before federal agencies or federal courts in the name of the inanimate object about to be despoiled , defaced or invaded by roads and bulldozers and where injury is the subject of public outrage .” The term “ inanimate object ,” such as a valley , would , by default , encompass all of the living inhabitants including wildlife and the biological support system .
As part of his dissent , Douglas pointed out inanimate objects such as corporations are sometimes parties in litigation . He explained “ the corporation soul — a creature of ecclesiastical law is an acceptable adversary and large fortunes ride on its cases .” He therefore maintained : “ So it should be as respects valleys , alpine meadows , rivers , lakes , estuaries , beaches , ridges , groves of tree , swampland , or even air that feels the destructive pressures of modern technology and modern life .”
Of course , all of this was a failure of sorts on all sides ; the Disney Corporation , as the selected developers of Mineral King by the U . S . Forest Service , eventually lost interest due to reassessment of potential profits . As a result , Mineral King eventually became part of the Sequoia National Forest . But the ruling of standing continues as an obstacle to effective environmental conservation . At the same time , this supposed failure in conserving the environment has also defined a useful path forward . Douglas ’ s dissent crafted a foothold for further use by this generation .
But the law will be insufficient unless we also have practice . We cannot simply rely on eminent judges such as William Douglas , or gifted biologists such as E . O . Wilson who continue to remind us that what we as humans are doing in terms of preservation , biodiversity , and climate change is not enough . Nor is it sufficient to hand it off to the thousands of dedicated environmentalists who keep working against the odds . In addition to these stalwart people , we also need a collective change of heart as a society , a change that helps us to understand that individual endeavor which results in the reduction of nature and lands to economic rubble is not a way to live . In other words , we need to begin moving from the current ways of unconscious exploitation of land as a commodity to be bought and sold , to a more harmonious way of living .
One way to begin is to listen deeply to the voice people who have an authentic and direct experience of this more collective and sacred approach . Vine Deloria tells us the “ lands wait for those who can discern their rhythms .” Indigenous people around the world and Native Americans in North America have this history and experience and have guarded it as best they could . And who better to begin a discussion with than with those who have remained faithful to the sacred nature of the land ? Once begun , hopefully we can then move together on new paths that will begin to energize the diverse connectedness and caring that our planet demands of us .
Paula Donnelly-Roark is a social scientist with a long career in international development , starting as a Fulbright-Hayes recipient in West Africa in 1975 . In her book Social Justice and Deep Participation : Theory and Practice for the 21st Century , she explains how economic and political power alone is no longer sufficient in solving such complex problems as poverty , climate change , and securing the peace .
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