Wild Rice Gets its Day in Court
By Adelaide Duckett
Wild rice sues the Minnesota Department of Natural Resources for violating its rights. That’s right, a species of wild rice itself has brought a suit against a state agency, marking the first time that a plant has brought a lawsuit in US tribal court. The White Earth Band of Ojibwe consider this species of wild rice, Manoomin, sacred. As they describe in the lawsuit, they consider it a “gift from the Creator,” the species playing a central role in “traditional stories, teachings, lifeways and spirituality since the earliest times to the present day.” Manoomin plays a key role in the Ojibwe creation story, where a prophecy guided their people to Minnesota to find food growing on the water. Since this migration, the Ojibwe have been inextricably connected with Manoomin and its freshwater habitat.
In 2018, The White Earth Band adopted a resolution recognizing the rights of Manoomin to exist, flourish, regenerate and evolve, as well as its rights to freshwater. With this resolution, the White Earth Band granted legal rights to wild rice and now defend the rights of this sacred plant. Through this lawsuit, the group aims to halt construction plans for the Enbridge Line 3 tar sands crude oil pipeline, a project whose construction threatens Manoomin’s habitat. Current construction plans, approved by the Minnesota Department of Natural Resources, call for billions of gallons of water to be drained from Manoomin’s natural habitat.
So, what are the rights of nature? While the concept of wild rice filing a lawsuit in court may seem strange to some, communities and activists across the globe have fought for more than a decade to codify the rights of nature. Rights of nature laws establish environmental personhood, or standing in court, for nature. This enables ecosystems, rivers, plants and animals to have legal representation. Earth Law Center fights for a future where nature will be able to defend its rights in court, just like people can. In 2013, ELC supported the city of Santa Monica in passing a sustainability rights ordinance recognizing “the rights of people, natural communities and ecosystems to exist, regenerate and flourish” within the City. And in 2018, ELC consulted with the town of Crestone, Colorado, assisting the Crestone Board of Trustees in passing a resolution recognizing the rights of nature.
Currently, ELC is working with several Indigenous Nation partners on their efforts to implement ecocentric law. With each new government that ELC assists in codifying rights for nature, we aim to catalyze a global movement to realign the human relationship with nature. Only when humans recognize and respect our own interdependence with the natural world can we build a sustainable society. Through initiatives like supporting the upcoming Global Freshwaters Summit and publishing tool kits and templates to support rights of nature advocacy, ELC works every day towards a more ecocentric world.
The White Earth Band, too, is leading the way with their effort to force the Minnesota government to recognize their crucial relationship with Manoomin. Through threatening this sacred plant, the Minnesota government violates the rights of the White Earth Band as well as of Manoomin itself. Rights of nature advocates will watch this case closely to see if Manoomin and the White Earth Band will succeed in their effort to defend their rights and halt the current construction plans for the Line 3 pipeline.
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About the Author
Adelaide Duckett is an environmentalist and recent University of Chicago graduate from Southern California. She is heading to law school in the fall and hopes to become an environmental attorney and continue advocating for the rights of nature.
