Sierra+Club+v+Morton,+excerpts+fromDouglas+dissent - Sierra...

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Sierra Club v. Morton DISSENT BY: DOUGLAS; BRENNAN; BLACKMUN DISSENT [***647] MR. JUSTICE DOUGLAS, dissenting. I share the views of my Brother BLACKMUN and would reverse the judgment below. The critical question of "standing" 1 would be simplified and also put neatly in focus if we fashioned a federal rule that allowed environmental issues to be litigated before federal agencies or federal courts in the name of the inanimate object about to be despoiled, defaced, or invaded by roads and bulldozers and where injury is the subject of public outrage. Contemporary public concern [*742] for protecting nature's ecological equilibrium should lead to the conferral of standing upon environmental objects to sue for their own preservation. See Stone, Should Trees Have Standing? -- [**1370] Toward Legal Rights for Natural Objects, 45 S. Cal. L. Rev. 450 (1972). This suit would therefore be more properly labeled as Mineral King v. Morton . Inanimate objects are sometimes parties in litigation. A ship has a legal personality, a fiction found useful for maritime purposes. 2 The corporation sole -- a creature of ecclesiastical law -- is an acceptable adversary and large fortunes ride on its cases. 3 The ordinary corporation is a "person" for purposes of the adjudicatory processes, [*743] whether it represents proprietary, spiritual, aesthetic, or charitable causes. 4
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This note was uploaded on 02/18/2010 for the course ESP 161 taught by Professor Staff during the Spring '08 term at UC Davis.

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Sierra+Club+v+Morton,+excerpts+fromDouglas+dissent - Sierra...

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