Ray Ring’s examination of so-called “property rights”
lawyers’ legacy missed two key points (HCN,
12/10/07). First, while Mr. Ring hinted at the edges, the article
never directly confronted the fundamental contradictions in the
“property rights” ideology. By opposing a rancher selling grazing
permits to a conservation trust or a farmer selling land for
ecosystem restoration, it is made clear that the right of an
individual to do as they please with their property is not the core
value or central mission of these organizations. In addition,
demanding compensation for reducing grazing permits or water
delivery reveals a belief that government subsidies are equivalent
to private property – but only when those subsidies are enjoyed by
those who eschew the concept of government to begin with.
Second, while the life’s work of these attorneys has not resulted
in a decision of Roe v. Wade proportions, all lawsuits,
particularly those that result in protracted court battles, sap
agencies’ resources and divert attention away from regulation and
stewardship. Considered in tandem with the Republican tactic of
subduing government by freezing budgets, responding to legal
proceedings are non-discretionary activities that further reduce an
agency’s ability to accomplish anything on the ground. Further, in
this type of political environment, agency decision-makers are even
more likely to capitulate to interests that conflict with their
core mission rather than tempt further suppression from above or
additional legal diversions from the right.
In this
context, and despite the inherent contradictions between their
stated goals and their legal arguments, the Pacific Legal
Foundation, the Mountain States Legal Foundation, and their spawn
have been tremendously effective at promoting exploitation of the
public’s natural heritage for private financial gain.
Carrie Phillips
Harwich, Massachusetts
This article appeared in the print edition of the magazine with the headline The wrongs of property rights.
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