Abstract

Environmentalists are sometimes criticized for implausibly separating human beings from nature. However, in the debate between the "wise-use" and environmental movements, it is the proponents of "wise-use," and not the environmentalists, who implausibly divide human beings from nature. The "wise-use" movement calls for landowners to be compensated whenever environmental regulations reduce the economic value of their land. However, a well-established principle of constitutional law is that compensation is not required if the regulations prevent harm to others. Insofar as they can plausibly be construed as preventing harm to others, then, environmental regulations can be enforced without running afoul of the just compensation clause of the Fifth Amendment. I argue that while the public trust doctrine of U.S. common law can be extended to cover ecological processes on which the long-term wellbeing of the nation and its people depend, environmentalists must do a better job of articulating how this is so. In doing so, however, they will show that the wise use movement's position depends on an implausible separation of humans from the eco-systems on which we depend.