Green wood in the bundle of sticks: Fitting environmental ethics and ecology into real property law

Richard J. Lazarus, Putting the Correct "Spin" on Lucas, 45 STAN. L. REV. 1411, 1422 (1993) (citations omitted). 215 MUNZER, supra note 1, at 23 (emphasis added). 216 Unlike the abolition of slavery, which is recognition of the humanity and the rights of human beings, no claim is made herein for a recognition of the rights of nature. For such a claim see generally RODERICK NASH, THE RiGHTS OF NATURE (1989) [hereinafter NASH, NATURE]; CHRISTOPHER STONE, SHOULD TREES HAVE STANDING?-TOWARDS LEGAL RIGHTS FOR NATURAL OBJECTS (1974). 217 This date is chosen arbitrarily from the year of publication of Rachel Carson's seminal book Silent Spring. CARSON, supra note 76. Professor David Sive, the "Father of Environmental Law," links the birth of the contemporary environmental movement to three events: (1) the Storm King Mountain case, Scenic Hudson Preservation Conference v. Federal Power Commission, 354 F.2d 608 (2d Cir. 1965); (2) the publication of SILENT SPRING; and (3) the Wilderness Act of 1964 (16 U.S.C. 1131). Interview with Professor David R. Sive (May 6, 1997).

218 See NASH, WILDERNESS, supra note 30, at 44-66 ("Appreciation of wilderness began in the cities. The literary gentlemen wielding a pen, not the pioneer with his axe, made the first gestures of resistance against the strong currents of antipathy."). 219 See generally PAUL BROOKS, SPEAKING FOR NATURE (1980). 220 See Don E. Marietta, Jr., The Interrelationship of Ecological Science and Environmental Ethics, 1 ENVTL. ETHICS 195,197 (1979) ("The basic concept behind an ecological ethic is that morally acceptable treatment of the environment is that which does not upset the integrity of the ecosystem as it is seen in a diversity of life forms existing in a dynamic and complex but stable interdependency."). 221 But see generally GREGG EASTERBROOK, A MOMENT ON THE EARTH (1995); RONALD BAILEY, THE TRUE STATE OF THE PLANET (1995); RONALD BAILEY, ECO-SCAM: THE FALSE PROPHETS OF ECOLOGICAL APOCALYPSE (1993); BEN BLOCH & HAROLD LYNCH, APOCALYPSE NOT (1993). 222 See, e.g., Averting a Death Foretold, NEWSWEEK, Nov. 28,1994, at 72 (author unattributed). 223 See generally Donald Stever, Experience and Lessons of Twenty-Five Years of Environmental Law: Where We Have Been and Where We Are Headed, 27 LOY. L.A. L. REV. 1105 (1994). 224 ERIC T. FREYFOGLE, JUSTICE AND THE EARTH: IMAGES FOR OUR PLANETARY SURVIVAL 10-11 (1993). 225 See generally J. Baird Callicott, Elements of the Environmental Ethic: Moral Considerability and the Biotic Community, 1 ENVTL. ETHICS 71 (1979).

226 The term "environmental ethics" is used interchangeably with the term "land ethics." 227 See generally Holmes Rolston III, Are Values in Nature Subjective or Objective?, 4 ENVTL. ETHICS 125 (1982). 228 FRANK POMMERSHEIM, BRAID OF FEATHERS: AMERICAN INDIAN LAW AND CONTEMPORARY TRIBAL LIFE 14 (1995). 229 See generally LUTHER STANDING BEAR, THE LAND OF THE SPOTTED EAGLE (1933); JOHN NIEHARDT, BLACK ELK SPEAKS (1932). 230 Obviously one cannot (and should not) generalize about the beliefs (actions, etc.) of any group.