Legislation being circulated by Republican authors would prevent local municipalities from enacting “rights of nature” ordinances that provide certain legal rights to natural resources.
That includes the right to exist, to be protected against pollution or to maintain a healthy ecosystem, according to analysis by the Legislative Reference Bureau.
Sen. Steve Nass, R-Whitewater, and Rep. Joy Goeben, R-Hobart, recently sent out a cosponsorship memo on the bill, seeking support from other lawmakers. They reference a growing national trend of local governments moving to grant legal standing to rivers, forests and ecosystems.
At least 30 local governments across 10 states have adopted such measures or attempted “to pass something that would allow the movement to gain ground” there, the bill authors wrote.
Milwaukee County passed one such resolution in 2023 focused on waterways and other bodies of water, with a goal of “ensuring human activities do not interfere with nature and its ability to be healthy, robust, and resilient.” The resolution referenced the county’s plan to reach carbon neutrality by 2050 and improve climate resiliency across its operations.
But the bill authors say similar efforts elsewhere have “been met with sound criticism, legal challenge, and ultimately a state law” banning the idea.
“Four states including Florida, Ohio, Utah, and Idaho have already passed prohibitions against this concept; if we act, Wisconsin would become the fifth state to stand for constitutional integrity,” they wrote.
The lawmakers point to a 1972 U.S. Supreme Court ruling that holds that only persons or recognized legal entities have standing. They argue allowing and promoting the rights of nature ideology constitutes a “dangerous shift” in legal precedent.
“It would allow nonhuman entities to sue in court, threatening property rights, stalling development, and burdening the judicial system,” they wrote. “Such measures have already been used, as in Minnesota where wild rice was granted specific legal rights.”
The lawmakers also reference the “founding principles” of the United States, arguing the Constitution and founding documents affirm that rights are “inherent to people ‘endowed by their Creator’” and not to plants, rivers or landscapes.
“This legislation is necessary to preserve the integrity of our legal system, protect property rights, and affirm that rights belong to people, not to nature,” they wrote.
The cosponsorship deadline is Aug. 29 at 4 p.m.
See the memo.
