Rights of Nature

Quick definition

Rights of nature is a legal framework that recognizes elements of the natural world as having enforceable rights, such as the right to exist, flourish, regenerate, and be restored after harm.

What it means in practice
Instead of treating nature only as property or a resource, rights of nature treats nature as a rights-holder. People or appointed guardians can bring claims to enforce those rights.

Why it matters for rights of nature
Many environmental laws regulate how much harm is allowed. Rights of nature shifts the question to whether an action violates nature’s rights and what restoration is required.

See also
Legal personhood; Guardian; Standing; Restoration; Watershed

Primary sources and further reading

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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