WHEREAS, today, federal law, the Colorado Constitution, state law and policy and local laws afford some protection to the natural environment, including water quality, but those laws have proven to be very inadequate…
— From Nederland Board of Trustees Resolution 2021-11, approved on July 6, 2021
The Board of Trustees in Nederland, Colorado, (population 1,600) passed an interesting resolution last month, recognizing the “fundamental and inalienable rights” of Boulder Creek and its Watershed, including — among other rights — the right to be fed by sustainable precipitation, glaciers and aquifers, to be free of pollution, and “to be restored to, and preserved in, a state of ecosystem health.”
Colorado continues moving forward. We’ve previously recognized the inalienable right of humans to grow cannabis, and to vote by mail ballot. There seems to be no end to the rights we can bestow, on ourselves and others. (We’ve not yet granted humans the right to have our own health restored, but someday…)
This is not the first time the “human world” has humbled itself enough to hand out some inalienable rights to non-humans. New Zealand recognized the Whanganui River as a legal person in 2017. The following year, a court in Columbia created a guardianship organization to enforce the legal rights of the Atrato River. A provincial court in Equador recognized the constitutional rights of the Vilcabamba River back in 2011.
In the US, the Yurok and Nez Perce Tribes have recognized the legal rights of the Klamath and Snake Rivers, respectively. The City of Toledo adopted a local law, attempting to protect the right of Lake Erie to be free of pollution from industrial farming.
No doubt these bodies of water are grateful, even if they were not able to appear personally in court… nor able to cast a ballot.
California doesn’t currently have enough water for anyone to get excited about, but they have bacon. For the moment. That’s probably going to change.
At the beginning of next year, California will begin enforcing an animal welfare proposition approved overwhelmingly by voters in 2018. The new law requires more space for breeding pigs, egg-laying chickens and veal calves, for anyone who wants to sell those meat items within California’s borders.
National veal and egg producers are optimistic they can meet the new standards, but only 4% of hog operations now comply with the new rules. Unless the courts intervene or the state temporarily allows non-compliant meat to be sold in the state, California will lose almost all of its pork supply, much of which comes from Iowa, where pigs have long been deprived of their inalienable rights.
While the rights of rivers appear to be perpetual, a pig’s right to be housed comfortably will expire at a certain point. (All too soon, if you ask the pig. But no one does.)
It’s worth noting that inalienable rights are typically geographically limited. Just because a cannabis plant has rights in Colorado, does not mean it has the same rights in, say, Nebraska. Which helps explain why so many cannabis plants have relocated to Colorado recently.
The Colorado cannabis plants, however, still have limited rights, with regards to overcrowding.
If you really want room to stretch out, you probably want to be an egg-laying chicken.
But as I mentioned before, Colorado continues to move forward. I suspect, at the rate things are going, our cannabis plants will ultimately be granted the legal right to a certain square footage. And some fresh air would be nice.
I enjoy researching these legal questions, because it gives me hope for the future. I’d like to see everyone granted their inalienable rights someday.
Except viruses. You have to draw the line somewhere.
Underrated writer Louis Cannon grew up in the vast American West, although his ex-wife, given the slightest opportunity, will deny that he ever grew up at all.