Climate Activists Use Civil Disobedience As Law Enforcement
Two years ago I was among more than a thousand people who committed civil disobedience at the White House to oppose the building of the Keystone XL pipeline. Since then many more have been arrested around the country, often blocking the actual pathway along which the Keystone XL is being constructed. Nearly 70,000 people have vowed to risk arrest if the State Department recommends that the president approve the pipeline.
All along I believed that these actions were justified, even though they meant breaking the law. After all, leading NASA climate change specialist Jim Hansen says that the Alberta tar sands, which the pipeline will carry, “must be left in the ground” because “if the tar sands are thrown into the mix it is essentially game over” for a viable planet.
Since being arrested at the White House, my perspective on the nature of such actions has changed. After learning about a fundamental principle of American law known as the public trust doctrine, I have come to believe that the U.S. government and other governments around the world are violating their own most fundamental responsibilities to their own people when they allow fossil fuel producers and users to devastate the earth’s atmosphere with greenhouse gases.
Governments will no doubt continue to treat protesters who block pipelines, coal mines and power plants as criminals. But such governments come into court with dirty hands, stained by their dereliction of the duty to protect the common inheritance of their own people.
The public trust doctrine has roots and analogues in ancient societies from Europe to East Asia to Africa, and from Islamic to Native American cultures. It was codified in the Institutes of Justinian, issued by the Roman Emperor in 535 A.D. The Justinian code defined the concept of res communes (common things): “By the law of nature these things are common to mankind—the air, running water, the sea and consequently the shores of the sea.”The right of fishing in the sea from the shore “belongs to all men.” The Justinian code distinguished such res communes from res publicae, things which belong to the state.
Based on the Justinian Code’s protection of res communes, governments have long served as trustees for rights held in common. In American law this role is defined by the public trust doctrine, under which the state serves as trustee on behalf of the present and future generations of its citizens. Even if the state holds title to a given resource, the public is the “beneficial owner.” As trustee, the state has a fiduciary duty to the owner—a legal duty to act solely in the owners’ interest. This principle is accepted today in both common law and civil law systems in countries ranging from South Africa to the Philippines and from the U.S. to India.
International law, furthermore, recognizes regions that lie outside of the political reach of any one nation state—specifically, the high seas, the atmosphere, Antarctica and outer space—as “global commons” governed by the principle that they are “the common heritage of humankind.” But there has been no effective vehicle for asserting our right not to have our common heritage destroyed.
Suing for an Inheritance
In a series of suits and petitions on behalf of young people in 2011, the Atmospheric Trust Litigation Project brought legal actions to all 50 U.S. states and the federal government demanding that they fulfill their public trust obligation to protect the atmosphere as a common property. Sixteen-year-old Alec Loorz, founder of Kids v. Global Warming and lead plaintiff in the federal lawsuit, said, “The government has a legal responsibility to protect the future for our children. So we are demanding that they recognize the atmosphere as a commons that needs to be preserved, and commit to a plan to reduce emissions to a safe level.”
The suits seek declarative judgment applying the public trust doctrine to the earth’s atmosphere. They ask courts to issue injunctions ordering federal and state governments to reduce carbon emissions to fulfill their duty to protect it. Similar suits are projected for countries around the world. While the courts have turned down some of these suits, in 2012 a federal district court ordered that a case brought in New Mexico go forward.
There is precedent supporting the public trust doctrine in the U.S. The U.S. Supreme Court decided, in a leading public trust case at the end of the nineteenth century, that the state’s power resulted from “common ownership” of the public trust asset. That power, the decision stated, should be exercised as “a trust for the benefit of the people,” not as a “prerogative for the advantage of the government, as distinct from the people.” The ownership is “that of the people in their united sovereignty.”
The trustee has an active duty of vigilance to prevent decay or “waste”—permanent damage to the asset. If the asset is wasted in the interest of one generation of beneficiaries over future generations, it is in effect an act of generational theft.
When a trust asset crosses the boundaries of sovereign governments, all sovereigns with jurisdiction over the natural territory of the asset have legitimate property claims to the resource. Thus, all nations on Earth are “co-tenant trustees” of the global atmosphere. As co-tenants they have an undivided right to possess the property. But they also have a duty not to allow the waste of the common property.
As compelling as the logic of such an argument may be, it is easy to imagine that many American courts will refuse to force governments to meet their obligations. In a brief to dismiss the Kansas suit, lawyers called the claim “a child’s wish for a better world,” which is not something a court can do much about. “No order issued by the District Court of Shawnee County can hold back global warming, any more than King Canute could order the tide to recede.”
The sad fact is that virtually all the governments on earth—and their legal systems—are deeply corrupted by the very forces that profit from destroying the global commons. These governments exercise illegitimate power without regard to their obligations to those they claim to represent, let alone to the future generations to whom they are mere trustees.
Civil Disobedience, Reconsidered
Protecting the global commons is not just a matter for governments. The failure of governments to protect the global commons is currently driving the climate protection movement to turn to mass civil disobedience, as witnessed by the campaigns against the Keystone XL pipeline, mountaintop-removal coal mining and coal-fired power plants. Looked at from the perspective of the global commons, however, these actions are far from disobedient.
Indeed, they embody the effort of people around the world to assert their right and responsibility to protect the global commons. They show people acting in an emergency situation on an evident necessity. They represent people stepping in to provide law enforcement where corrupt and illegitimate governments have failed to meet their responsibility to do so.
Legal rationales have played a critical role in many nonviolent movements. They strengthen participants by lending a sense of clarity that they are not promoting personal opinions by criminal means but rather performing a public duty. And they strengthen a movement’s appeal to the broader society by presenting action not as wanton lawbreaking but as an effort to rectify governments and institutions that are themselves in violation of the law.
For the civil rights movement, the Constitution’s guarantee of equal rights meant that sit-inners and freedom riders were not criminals but rather upholders of Constitutional law. For war resisters during U.S. wars from Vietnam to Iraq, the international law that since the Nuremberg trials has forbidden war crimes has defined civil disobedience as an obligation under international law. For those who took part in the nonviolent revolution that overthrew communism in Poland, their struggle was not criminal sedition, but an effort to implement the international human and labor rights laws ratified by their own government.
The legal obligation of governments to protect the public trust can play a role similar to governments’ obligation to protect human rights and eschew war crimes. Those who perpetrate climate change, and those who allow them to do so, should not be able to claim that the law is on their side. Those who blockade coal-fired power plants or sit down at the White House to protest the Keystone XL pipeline can—and should—insist that they are simply exercising their right and responsibility to protect the atmospheric commons they own along with all of present and future humankind.
Future climate protesters can proudly proclaim that they are actually climate protectors, upholding the law, not violating it. Nobody should expect American judges to start acquitting protesters on public trust grounds any time soon. But juries that try climate protesters should keep in mind that they have the right and the responsibility to acquit those they believe have violated no just law.
Visit EcoWatch’s CLIMATE CHANGE pages for more related news on this topic.
EcoWatch Daily Newsletter
Mangroves play a vital role in capturing carbon from the atmosphere. Mangrove forests are tremendous assets in the fight to stem the climate crisis. They store more carbon than a rainforest of the same size.
- Protecting Mangroves Can Prevent Billions of Dollars in Global ... ›
- Could the 'Mangrove Effect' Save Coasts From Sea Level Rise ... ›
Monday is World Oceans Day, but how can you celebrate our blue planet while social distancing?
- 5 Things to Know About Earth's Warming Oceans - EcoWatch ›
- Bioluminescent Waves Mesmerize California Beachgoers, Surfers ... ›
- NOAA: 2020 Could Be Warmest Year on Record - EcoWatch ›
- On June 8, We Celebrate Our Oceans, Our Future - EcoWatch ›
- 5 Things to Know About the State of Our Oceans for World Oceans Day ›
By Jacob L. Steenwyk and Antonis Rokas
From the mythical minotaur to the mule, creatures created from merging two or more distinct organisms – hybrids – have played defining roles in human history and culture. However, not all hybrids are as fantastic as the minotaur or as dependable as the mule; in fact, some of them cause human diseases.
When Looking Through a Microscope Isn’t Close Enough.<p>For the last few years, <a href="http://www.rokaslab.org/" target="_blank">our team at Vanderbilt University</a>, <a href="https://www.researchgate.net/lab/Gustavo-Goldman-Lab" target="_blank">Gustavo Goldman's team at São Paulo University in Brazil</a> and many other collaborators around the world have been collecting samples of fungi from patients infected with different species of <em>Aspergillus</em> molds. One of the species we are particularly interested in is <a href="https://doi.org/10.1006/rwgn.2001.0082" target="_blank"><em>Aspergillus nidulans</em>, a relatively common and generally harmless fungus</a>. Clinical laboratories typically identify the species of <em>Aspergillus</em> causing the infection by examining cultures of the fungi under the microscope. The problem with this approach is that very closely related species of <em>Aspergillus</em> tend to look very similar in their broad morphology or physical appearance when viewing them through a microscope.</p><p>Interested in examining the varying abilities of different <em>A. nidulans</em> strains to cause disease, we decided to analyze their total genetic content, or genomes. What we saw came as a total surprise. We had not collected <em>A. nidulans</em> but <em>Aspergillus latus</em>, a close relative of <em>A. nidulans</em> and, as we were to soon find out, <a href="https://doi.org/10.1016/j.cub.2020.04.071" target="_blank">a hybrid species that evolved through the fusion of the genomes</a> of two other <em>Aspergillus</em> species: <em>Aspergillus spinulosporus</em> and an unknown close relative of <em>Aspergillus quadrilineatus</em>. Thus, we realized not only that these patients harbored infections from an entirely different species than we thought they were, but also that this species was the first ever <em>Aspergillus</em> hybrid known to cause human infections.</p>
Several Different Fungal Hybrids Cause Human Disease.<p>Hybrid fungi that can cause infections in humans are well known to occur in several different lineages of single-celled fungi known as yeasts. Notable examples include multiple different species of <a href="https://doi.org/10.1002/yea.3242" target="_blank">yeast hybrids</a> that cause the human diseases <a href="https://rarediseases.info.nih.gov/diseases/6218/cryptococcosis" target="_blank">cryptococcosis</a> and <a href="https://www.cdc.gov/fungal/diseases/candidiasis/index.html" target="_blank">candidiasis</a>. Although pathogenic yeast hybrids are well known, our discovery that the <em>A. latus</em> pathogen is a hybrid is a first for molds that cause disease in humans.</p>
(Left) Candida yeasts live on parts of the human body. Imbalance of microbes on the body can allow these yeasts, some of which are hybrids, to grow and cause infection. (Right) Cryptococcus yeasts, including ones that are hybrids, can cause life-threatening infections in primarily immunocompromised people. Centers for Disease Control and Prevention<p><a href="https://doi.org/10.1371/journal.ppat.1008315" target="_blank">Why certain <em>Aspergillus</em> species are so deadly</a> while others are harmless remains unknown. This may in part be because <a href="https://doi.org/10.1016/j.fbr.2007.02.007" target="_blank">combinations of traits, rather than individual traits</a>, underlie organisms' ability to cause disease. So why then are hybrids frequently associated with human disease? Hybrids inherit genetic material from both parents, which may result in new combinations of traits. This may make them more similar to one parent in some of their characteristics, reflect both parents in others or may differ from both in the rest. It is precisely this mix and match of traits that hybrids have inherited from their parental species that <a href="https://www.nytimes.com/2010/09/14/science/14creatures.html" target="_blank">facilitates their evolutionary success</a>, including their ability to cause disease.</p>
The Evolutionary Origin of an Aspergillus Hybrid.<p>Multiple evolutionary paths can lead to the emergence of hybrids. One path is through mating, just as the horse and donkey mate to create a mule. Another path is through the merging or fusion of genetic material from cells of different species.</p><p>It is this second path that appears to have been taken by our fungus. <em>A. latus</em> appears to have two of almost everything compared to its parental species: twice the genome size, twice the total number of genes and so on. But unlike other hybrids, which are often sterile like the mule, we found that <em>A. latus</em> is capable of reproducing both asexually and sexually.</p><p>But how distinct were the parents of <em>A. latus</em>? By comparing the parts contributed by each parent in the <em>A. latus</em> genome, we estimate that its parents are approximately 93% genetically similar, which is about as related as we humans are with lemurs. In other words, <em>A. latus</em>, an agent of infectious disease, is the fungal equivalent of a human-lemur hybrid.</p>
How A. Latus Differs From its Parents.<p>Elucidating the identity of closely related fungal pathogens and how they differ from each other in infection-relevant characteristics is a key step toward reducing the burden of fungal disease. For example, we found that <em>A. latus</em> was three times more resistant than <em>A. nidulans</em>, the species it was originally identified as using microscopy-based methods, to one of the most common antifungal drugs, <a href="https://www.drugbank.ca/drugs/DB00520" target="_blank">caspofungin</a>. This result provides a clear example of the potential importance of accurate identification of the <em>Aspergillus</em> pathogen causing an infection.</p><p>We also examined how <em>A. latus</em> and <em>A. nidulans</em> interact with cells from our immune system. We found that immune cells were less efficient at combating <em>A. latus</em> compared to <em>A. nidulans</em>, suggesting the hybrid fungus may be trickier for our immune systems to identify and destroy.</p><p>In the midst of the COVID-19 pandemic, our quest to understand <em>Aspergillus</em> pathogens is becoming more urgent. Growing evidence suggests that <a href="https://doi.org/10.1111/myc.13096" target="_blank">a fraction of COVID-19 patients are also infected with <em>Aspergillus</em>.</a> More worrying is that these <a href="https://doi.org/10.3201/eid2607.201603" target="_blank">secondary <em>Aspergillus</em> infections</a> can worsen the clinical outcomes for those infected with the novel coronavirus. That being said, we stress that little is known about <em>Aspergillus</em> infections in COVID-19 patients due to a lack of systematic testing, and none of the infections identified so far appear to have been caused by hybrids.</p><p>So, when it comes to hybrids, some are fantastic (the minotaur), some are helpful (the mule) and some are dangerous (<em>Aspergillus latus</em>). Understanding more about the biology of <em>Aspergillus latus</em> may help in our understanding of how microbial pathogens arise and how to best prevent and combat their infections.</p>
This Saturday, June 6, marks National Trails Day, an annual celebration of the remarkable recreational, scenic and hiking trails that crisscross parks nationwide. The event, which started in 1993, honors the National Trail System and calls for volunteers to help with trail maintenance in parks across the country.
- As Protests Rage, Climate Activists Embrace Racial Justice ... ›
- First-Ever Black Birders Week Tackles Racism Outdoors - EcoWatch ›
- 15 EcoWatch Stories on Environmental and Racial Injustice ... ›
- Take a Hike Day Is Around the Bend. What's Your Dream Hike ... ›
By John Letzing
This past Wednesday, when some previously hard-hit countries were able to register daily COVID-19 infections in the single digits, the Navajo Nation – a 71,000 square-kilometer (27,000-square-mile) expanse of the western US – reported 54 new cases of what's referred to locally as "Dikos Ntsaaígíí-19."
The Navajo Nation covers the corners of three different states. Google Maps
Growing Contribution<img lazy-loadable="true" src="https://assets.rebelmouse.io/eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJpbWFnZSI6Imh0dHBzOi8vYXNzZXRzLnJibC5tcy8yMzM3NDY5Ny9vcmlnaW4ucG5nIiwiZXhwaXJlc19hdCI6MTY0NjM4MTgyM30.IuQTKQs1stvYYKD6vaVTrqAyoBsUG0BhDvlhxsyKwPA/img.png?width=980" id="02a05" class="rm-shortcode" data-rm-shortcode-id="2841f82b1785df5d5ed7bf64d3bb882b" data-rm-shortcode-name="rebelmouse-image" />
World Economic Forum
- Black and Hispanic Americans Suffer Disproportionate Coronavirus ... ›
- Native American Tribes' Pandemic Response Is Hindered by ... ›
- Navajo Nation Has Highest Covid-19 Infection Rate in the U.S. ... ›
World Environment Day: A Time to Consider the Planet We’ll Return To, and Decide How to Care for It Going Forward
It's a different kind of World Environment Day this year. In prior years, it might have been enough to plant a tree, spend some extra time in the garden, or teach kids the importance of recycling. This year we have heavier tasks at hand. It's been months since we've been able to spend sufficient time outside, and as we lustfully watch the beauty of a new spring through our kitchen's glass windows, we have to decide how we'll interact with the natural world on our release, and how we can prevent, or be equipped to handle, future threats against our wellbeing.
Scuba divers around the world are holding their metaphorical breath to see if a coronavirus infection affects the ability to dive.
DAN medical experts explained the difference between normal lungs, on the left, and "very serious lungs caused by COVID-19," on the right. Matias Nochetto / Divers Alert Network (DAN)
- How the COVID-19 Coronavirus Attacks the Entire Body - EcoWatch ›
- What Does 'Recovered From Coronavirus' Mean? - EcoWatch ›
- Scuba Divers Make Face Masks out of Recycled Ocean Plastic ... ›