ABSTRACT

Fundamentally, land is not a commodity, and by many cultures is considered a "commons" for use by all under specific communal rules. The only way for Nature's Rights to become the fundamental basis of local land-use planning is for Rights of Nature to be placed in federal and state Constitutions, so Nature is the first rights-holder in the legal framework from the national level to the most local. A large number of bedrock national environmental laws are based on the power of the Commerce Clause, beginning with the National Environmental Policy Act of 1969. Requirements of the Coastal Zone Management Act are met by Oregon's land use system of state laws implemented by the coastal counties and cities, through local ordinances and comprehensive planning. A system based on the Rights of Nature, with a focus on allowing the Earth and natural processes to flourish, must ensure that natural wetlands are protected and restored nationwide.