Should Central Park Have Standing? Applying the Urban Rights of Nature Doctrine to the Urban Environmental Context [Article]

Abstract

Expanding conceptions of legal personhood and the pressing need for creative approaches to remedying environmental damage have led to a resurgence in the Rights of Nature Doctrine. Under the Rights of Nature framework, the environment itself becomes a plaintiff with recognizable rights and causes for action. The Rights of Nature literature has thus far largely concerned itself with natural objects that are pristine and untouched, perhaps newly threatened by human activity. This Article considers how the Rights of Nature Doctrine might be adapted to the urban context, where environmental issues are almost always seen as secondary to human usage and need. It advances the premise that the heightened protection of natural spaces is compatible with human flourishing. The Article first explains the background of the Doctrine, then explores how it might be applied to urban environments like cities. The Article then proposes a rudimentary balancing test for determining when legal standing should be conferred to “natural objects” located within or near cities. Lastly, the Article considers the benefits and concerns tied to this application. As a case study, it looks at how various environmental issues in New York might have been resolved differently if the Rights of Nature Doctrine was applied.