Prevention

Quick definition

Prevention is a core shift: avoid ecological harm where possible, instead of only reducing or compensating for it after the fact.

What it means in practice

Prevention shows up in planning, permitting, and project design – choosing alternatives that avoid harm, using buffers, keeping water in-stream during critical seasons, or delaying activities until conditions are safe. It also includes early intervention tools (like injunctions) when harm is imminent.

Why it matters for rights of nature

Ecosystems can recover from some harm, but not all harm, and recovery can take decades. A rights-based approach treats prevention as central, because the point is to protect the living system’s ability to function over time.

Related Terms

Balancing of Interests

Balancing of interests means nature’s interests are included and weighed as legally cognizable interests – without assuming nature automatically wins every conflict.

Beneficial Use

Beneficial use is a water-law principle that ties water rights to recognized uses, rather than allowing water to be hoarded.

Cause of Action

A cause of action is the specific legal claim that lets a court hear your case, what law was violated and what the plaintiff is entitled to ask for.

Declaratory Judgment

A declaratory judgment is a court decision that clarifies legal rights and duties, declaring what the law means and how it applies, without necessarily ordering immediate action.

Due Process

Due process is the legal requirement that government actions affecting rights follow fair procedures, and in some contexts, be substantively fair.

Duty of Care

A duty of care is a legal obligation to act reasonably to avoid causing foreseeable harm.

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