Peter Dykstra: Environmental Justice Douglas

A piece last week by Katie Surma of Inside Climate News credited William O. Douglas with early support of the notion that nature should have legal rights.


It reminded me of just how far ahead of time this Supreme Court Justice was.

Catching the eye of FDR

Born in rural Minnesota in 1898, Douglas grew up in the Pacific Northwest. After four years at Whitman College in Walla Walla, Washington, he headed east to Yale Law School, where he fell in with a crowd of New Deal Liberal Democrats.

In time, he caught the eye of Franklin D. Roosevelt, who appointed Douglas to the Securities and Exchange Commission in 1934. Five years later, he became the youngest Supreme Court appointee ever.

He stayed on for nearly 37 years – still the longest service of any Supreme Court justice. But in 1944, FDR looked to make a change for his fourth presidential run. His finalists for Vice President were Justice Douglas and Missouri Senator Harry S. Truman. With FDR's death in early 1945, it could have been President Douglas inheriting the Hiroshima bomb and the Cold War. Instead, it was Justice Douglas inheriting Brown vs. Board of Education and some of the most crucial cases ever heard by the high court. He took an unrelenting stand in favor of free speech, civil rights, and when the opportunity arose, nature.

Hiking for a cause 

Those opportunities often arose outside the court. An avid hiker, Douglas often walked the towpath along the Chesapeake & Ohio Canal. Douglas hiked, cajoled and successfully campaigned against turning the historic canal into a parkway.

In 1967, New Jersey environmentalists invited him to wade directly into partisan politics. Douglas accepted, leading a protest hike up the 1,303-foot Mount Tammany to Sunfish Pond, a picturesque mountaintop lake slated for conversion to a pump storage electric facility.

The Justice and his 1,000-hiker entourage helped elevate the cause. Central Jersey Power & Light soon decided that turning Sunfish Pond into a storage tank for a hydroelectric dam wasn't needed. Eventually, the entire Tocks Island Dam Project fell by the boards.

Standing up for the "legitimate spokesmen"

From 1960 to 1962, Douglas served on the national board of the Sierra Club – a conflict I thought would be at the very least frowned upon for a sitting Supreme Court Justice. Particularly because his most creative dissent came in a 1972 case where Sierra was the plaintiff. Sierra Club vs. Morton pit the environmental group against the Walt Disney Corp., who wanted to build a massive ski resort near California's Sequoia National Park.

In a minority opinion Douglas wrote, "[t]hose who have that intimate relation with the inanimate object about to be injured, polluted, or otherwise despoiled are its legitimate spokesmen."

It didn't work. But "Wild Bill" persisted through a massive stroke, and four marriages, finally retiring in 1975. He died in 1980.

Can you imagine launching a Supreme Court career like that today?

Peter Dykstra is our weekend editor and columnist and can be reached at pdykstra@ehn.org or @pdykstra.

His views do not necessarily represent those of Environmental Health News, The Daily Climate, or publisher, Environmental Health Sciences.

Banner photo: Douglas congratulated by SEC on nomination to Supreme Court bench, Washington, D.C., March 20, 1939. (Public Domaine image)

Woman wearing an orange sweatshirt holding a sign saying "There is no planet B"

US EPA head announces oil and gas emission rules rollbacks during visit to Santa Fe, New Mexico

Lee Zeldin announced plans for further cancellations of oil and gas regulations aimed at reducing emissions of climate-warming gasses.

An LNG tanker ship and tugs are maneuvering for docking at a gas terminal
Credit: photowrzesien/BigStock Photo ID: 412271062

Inside the web of pro-oil and gas groups shaping Canada’s climate change narrative

New research by Greenpeace Canada lays out connections between pro-fossil fuel groups working together to influence public opinion.

A herd of cattle walking across a field during sunrise

The American livestock industry’s main lobbying group treated climate change as a PR problem

More examples of the National Cattlemen’s Association’s efforts to downplay and deny the industry’s greenhouse gas emissions.

LNG tanker ship with oil and gas refinery plant in background
Credit: khunaspix/BigStock Photo ID: 89526005

A Canadian LNG project is expected to push emissions past standards

A FortisBC’s plan to further expand its decades-old LNG facility will significantly worsen pollution in neighboring communities.

Woman putting her ballot in a voting box

Climate change is on the ballot —even if Dems aren’t saying those words

The Democrats have been accused, fairly, of “climate hushing.” But they’re finding subtle ways to connect environmental issues with voters’ pocketbook concerns.
A field of flowers under a cloudy sky

Meet the flower whose evolution is outpacing climate change

Some populations of scarlet monkeyflowers can evolve fast enough to save themselves from climate change-induced drought. This is the first time researchers have documented evolutionary “self-rescue” in the wild.
Worker installing solar panels on a shingled residential rooftop
Credit: elenathewise/BigStock Photo ID: 9354038

To block solar energy projects, one community lumped them in with junkyards and adult bookstores

A local fight in Indiana shows that even streamlined permitting can’t overcome deep community resistance to solar development.
From our Newsroom
Multiple Houston-area oil and gas facilities that have violated pollution laws are seeking permit renewals

Multiple Houston-area oil and gas facilities that have violated pollution laws are seeking permit renewals

One facility has emitted cancer-causing chemicals into waterways at levels up to 520% higher than legal limits.

Regulators are underestimating health impacts from air pollution: Study

Regulators are underestimating health impacts from air pollution: Study

"The reality is, we are not exposed to one chemical at a time.”

Pennsylvania governor Josh Shapiro speaks with the state flag and American flag behind him.

Two years into his term, has Gov. Shapiro kept his promises to regulate Pennsylvania’s fracking industry?

A new report assesses the administration’s progress and makes new recommendations

silhouette of people holding hands by a lake at sunset

An open letter from EPA staff to the American public

“We cannot stand by and allow this to happen. We need to hold this administration accountable.”

wildfire retardants being sprayed by plane

New evidence links heavy metal pollution with wildfire retardants

“The chemical black box” that blankets wildfire-impacted areas is increasingly under scrutiny.

Stay informed: sign up for The Daily Climate newsletter
Top news on climate impacts, solutions, politics, drivers. Delivered to your inbox week days.