Advocating for a More Verdant New York: Ecologically Sound and Progressive Policy for Pollinators
Photo by Aaron Burden on Unsplash
By: Zachary Davis
Introduction from Earth Law Center
“Earth law” as a field not only means establishing fundamental rights for Nature and environmental rights for humans, but ultimately requires broad reform throughout the entire legal system to harmonize human law with the laws of nature. This means changes in property law, corporate law, international law, and many other fields. In 2020, in addition to our normal blog content, we will feature guest blogs from frontlines advocates, legal scholars, and activists who are working to change our legal system, from the bottom up, to address the planet’s most pressing environmental challenges.
This week’s guest blog discusses how we can create common-sense policies that support pollinator species (be sure to sign this petition if you agree). It concludes by highlighting Earth Law Center’s new campaign to give legal rights to pollinator populations.
Pollinators and a Changing Climate
We know that the climate is changing, compounding habitat loss and other threats to pollinators. We know that pollinators are important, including here in New York, where the apples, wines, and berries we pride ourselves on require pollinators to produce their fruits. And we also know that pollinator populations are in severe decline.
So why is it that our policies, such as the codes which dictate what must be done to maintain our properties, fail to promote the overarching goal of promoting ecological health, including for pollinators? For example, Section 302.4 of the Property Maintenance Code of New York State requires all premises and immediate exterior property to be “free from weeds or plant growth in excess of 10 inches." But this definition has the consequence of prohibiting some native and protected plant species that would support pollinators.
One reason for this shortcoming is society’s vision of a lawn as needing to be “neat and tidy.” And very green. But we now know that our priority must instead be promoting healthy ecosystems in urban environments, such as by creating flowering “bee lawns” and other pollinator-friendly environments. Fortunately, there are still steps we can all take as citizens and advocates to help pollinators.
Background on Pollinators and Insect Populations
Ecosystems are rooted by pollinators. Without pollinators 75% of flowering plant species could not reproduce, including 35% of the crops we grow for our food. Insects as a whole provide an astronomical $57,000,000,000 in ecosystem services to the U.S. alone. Humans, and other fauna, are therefore intimately entwined with insects and other pollinators, but unfortunately pesticide use, chemical pollutants, and habitat loss have set nearly half of the world’s insect species en route to extinction, and caused the loss of 1 in 4 bird species.
“Bee Lawn” Best Practices
Fortunately, a growing number of governments are beginning to take action to maintain and restore pollinator populations. The State of Minnesota just devoted $900,000 to be available to landowners who wish to create pollinator habitat on their property. Canada, and many other countries around the globe have banned neonicotinoid pesticides, a major contributor to pollinator decline. Similarly, leaf blowers are being banned in Germany to protect insects.
Times are changing close to home as well. New York’s Albany County was the first to declare itself a “Pollinator Friendly County,” and Ulster County may be adopting a similar resolution.
“Bee lawns,” which is simply a flowering lawn that supports bee populations, and pollinator-supporting green roofs are wonderful ideas. In fact, New York City recently passed legislation mandating all new buildings have a green roof. Meanwhile, residents of Albany County have created some prime examples of just how beautiful conservation can be by prioritizing yards with perennial native plants rather than grass.
If you’re a landscaper, gardener, or someone devoted to their yard, then you are in a position to make a great difference in pollinator conservation. At some point I would love to follow suit.
Figure 1 "A Bee Proud sign in a lawn" by USDAgov
Stop Mowing?
While these programs are admirable, many people—including myself—do not have the time or resources to replace their lawns. I don’t have the funds to purchase the tools and seeds needed to do this myself, unless I had some assistance from my municipality, and I certainly can’t afford to hire a private landscaper to do it. Besides, according to the State Department of Environmental Conservation, wildflowers will sprout from my lawn and help pollinators if I just don’t mow or use pesticides, and I believe conservation shouldn’t be limited to those who can afford it.
And technically that’s illegal thanks to New York State’s Property Maintenance Codes.
But what am I left to do?
I am compelled by this law to destroy the habitat I seek to create. I am compelled to chop up native plants because they are “too tall” according to arbitrary standards.
Wild bergamot and blazing star, some of the most gorgeous native flowers that can grow in my region, are considered weeds, and destroyed because they can grow taller than a foot. They are destroyed in part because neighbors are worried about property value, and they think that because a yard has tall goldenrod and evening primrose growing on it during the winter to provide habitat for birds and bees, their property value will be negatively impacted.
Why are these outdated values still engrained in our society, particularly in the midst of a global ecological emergency?
In the time of climate change, biodiversity loss, and economic disparity, our laws should make it effortless for homeowners to contribute to conservation, instead of encouraging neighbors to act as lawn police. We shouldn’t have to fear sanctioning and stigma because we wish to promote biodiversity and some folks think that looks “untidy.”
Nature isn’t tidy. We shouldn’t value destruction.
Figure 2 Photo by Jeffrey Hamilton on Unsplash
Restoring Our Relationship with Nature in New York
Imagine a New York that provides resources to municipalities so they can shape their own communities’ conservation initiatives and aesthetics; to keep bees flourishing in our yards, and to put green roofs on our buildings and bus stops, for instance. We have the capacity to become a leader in both conservation and beauty.
But not with ecologically unsound laws on the books.
That is why I have started a campaign to rewrite our codes with ones that are ecologically sound. It’s time that New Yorkers lead the way on the creation of a more verdant New York. It’s time that we stop the destruction. We should enable efforts for conservation; we should set the example of a harmonious relationship with pollinators and other wild species and places.
Please stand in solidarity with pollinators by signing this petition.
Looking Ahead: Rights for Insect Populations?
While changing local and state law to meet the needs of ecosystems is a good first step, we must also begin to pursue broader, systemic reform that recognizes Nature not as property, but as a subject of rights. Towards this goal, Earth Law Center (“ELC”) has launched a new campaign to recognize the rights of pollinators, including by opposing harmful practices that threaten their existence.
ELC has already drafted a model law to recognize pollinator rights. The law “recognizes the Rights of Nature to exist and flourish, which extends to all ecosystems and all native life forms within those ecosystems, including pollinators.” It also calls for governments to eliminate, repeal, or modify laws, policies, and practices that are detrimental to the life and continued existence of pollinators, including through a moratoria the use neonicotinoids and other insecticides detrimental to pollinators.
In addition to saying “no,” this law would say “yes” by requiring governments to put into place best-practices that encourage thriving populations of pollinators and other insect populations. Some of these practices are discussed above.
Want to be a trailblazer in the Rights of Nature movement and become the first city, state/region, or country to recognize that pollinators have rights? Contact Earth Law Center at info@earthlaw.org to discuss how we can help.
