Press Release: Rights of the Haw River Legislation Introduced in North Carolina
April 24, 2023
Press Release: Rights of the Haw River Legislation Introduced in North Carolina
If enacted, would be the first State law in the U.S. to recognize the Rights of Nature
Contact:
Mari Margil, Executive Director
Thomas Linzey, Senior Legal Counsel
Center for Democratic and Environmental Rights
(509) 474-9761, info@centerforenvironmentalrights.org
On April 18, legislation was introduced in the North Carolina General Assembly’s House of Representatives to recognize the rights of the Haw River. The Rights of the Haw River Ecosystem Act, H.B. 795, would – for the first time in the U.S. – secure the legal rights of an ecosystem in state law.
The bill was introduced by Rep. Pricey Harrison. Sponsors include Rep. John Autry, House Democratic Whip Rep. Marcia Morey, Rep. Rosa U. Gill, Rep. Zack Hawkins, and Rep. Caleb Rudow.
The Center for Democratic and Environmental Rights (CDER) assisted the Native American Caucus of the North Carolina Democratic Party with drafting the legislation. CDER's founders have worked on the first rights of nature laws in the world, including with communities in the U.S., and the first national constitution to enshrine nature’s rights in Ecuador.
The Haw River is a tributary of the Cape Fear River, running 1,700 miles through the north-central part of North Carolina. Named a Most Endangered River by American Rivers in 2014, the Haw River – and the people and other species that depend upon it – suffers from decades of industrial pollution, runoff, dams, sewage spills, algae blooms, and other human activities.
First-in-the-Nation State Legislation to Protect Rights of a River Ecosystem
H.B. 795 would recognize the rights of the Haw River to, among other things, "naturally exist, flourish, regenerate, and evolve" and "to abundant, pure, clean, unpolluted water." The bill would also secure the right of North Carolinians to a “healthy, flourishing Haw River ecosystem,” while protecting the “collective or individual rights of indigenous people residing in the State.”
Further, the legislation contains implementation and enforcement provisions to guarantee and uphold the rights of the river. This includes requiring a review of all state laws and policies, as well as practices and operations, to ensure they are protective of the river and not in violation of the river’s rights. As well, restoration efforts of the river ecosystem would be required under the legislation in response to violations.
Mari Margil, CDER’s Executive Director, who assisted in drafting the legislation, stated, “This legislation marks a critical shift in how the Haw River, and other ecosystems and species across the U.S. and the world, are protected. This includes, for the first time, recognizing that the river has even the basic right to exist.”
Thomas Linzey, CDER’s Senior Legal Counsel, who has been working closely with the Native American Caucus, added, “We congratulate the House sponsors of this legislation, and the N.C. Democratic Party’s Native American Caucus, for advancing the rights of the Haw River. This marks a critical step forward in protecting the river, and the people and other species that depend upon the Haw.”
Dr. Crystal Cavalier-Keck, co-founder of 7 Directions of Service, an Indigenous-led North Carolina Rights of Nature organization, said, “Since time immemorial, our Indigenous communities have treated the natural world as kin. For us, animals and rivers are our relatives. We strive to treat them accordingly. When we steward and protect the waterways we depend on, the health of our communities improves. H.B. 795 applies such life-honoring values to North Carolina state law, and lays a path forward for vulnerable ecosystems across the state.”
Rights of the Haw River Bill Part of a Growing Global Rights of Nature Movement
The movement to secure legal rights of nature is growing worldwide. Beginning in 2006, with the first rights of nature law in the world – drafted by CDER's Senior Legal Counsel, Thomas Linzey – how we protect nature has begun to change. This change is transforming how nature is treated legally, from being considered as a resource or property, to for the first time being recognized as a living entity with legal rights.
Today, multiple countries, communities, and tribal nations have enacted laws protecting the rights of nature – including in the U.S., Ecuador, Bolivia, and Panama – which include rights to exist, habitat, and restoration. Elevating the protection of nature – for the first time to include even the most basic right of nature to exist – is a significant departure from how nature is treated under existing environmental laws.
Today’s environmental laws – such as the federal Clean Air Act and Clean Water Act – regulate the use and exploitation of nature, including authorizing the filling and destruction of wetlands, the emissions of greenhouse gases, mountaintop removal mining which involves dynamiting the tops off mountains, and the contamination of millions of gallons of fresh water at every frack well. Treating nature as an endless resource has led to the overlapping environmental crises that we face today, from species extinction rates well beyond natural background rates, die-off of coral reefs and other ecosystems, as well as accelerating climate change.
To learn more about the rights of nature movement, including laws, court rulings, and enforcement efforts in the U.S. and around the world, visit: centerforenvironmentalrights.org.
###