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)

Wetlands with green trees, fields and cloud dotted sky.

The next deluge may go differently

Explore how Wisconsin Wetlands Funding aids in restoring ecosystems and managing floodwaters effectively across the region.
Scene of destructive aftermath of Florida hurricane
Credit: Photo by David Sterphone)/Florida National Guard https://www.flickr.com/photos/thenationalguard/ Creative Commons https://creativecommons.org/licenses/by/2.0/

The hidden devastation of hurricanes

Their health effects extend far beyond official death tolls.
shallow focus of person holding a narrow mirror reflecting their eye.

The last frontier of empathy: why we still struggle to see ourselves as animals

Champions of exceptionalism say humans hold a unique moral status. Yet there’s only one species recklessly destroying the planet it needs to survive.

A boat with green fishing nets alongside a dock.

Opinion: How a Texas shrimper stalled Exxon’s $10bn plastics plant

Diane Wilson recognized Exxon’s playbook – and showed how local people can take on even the most entrenched industries.

A palm with fingers splayed planted in the middle of a large green leaf.

Two ways of knowing: How merging science and Indigenous wisdom fuels new discoveries

What becomes possible when we combine the strengths of western science and Indigenous knowledge systems as we navigate humanity’s biggest challenges?

A woman in a beanie cap lays on leaves and grass looking at the sky on a cloudy day.

Is ‘imagination activism’ the antidote to climate doom we’ve been looking for?

A new exhibition in Rio de Janeiro, Brazil, asks, what if the most radical climate tool isn't technology, but the ability to dream?
prticipants at the entrance to COP 30 pavilion
Credit: https://www.flickr.com/photos/isostandards/ Creative Commons: https://creativecommons.org/licenses/by-nc-sa/4.0/

Cop30 draft text omits mention of fossil fuel phase-out roadmap

Summit leadership releases new text despite 29 nations threatening to block progress without commitment.

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.