Bench Memos

Hogberg Responds

David Hogberg responses to my comments below. He writes:

Whether Deep Ecology was influential when ESA was instituted is not that relevant. What matters is whether it influences environmentalists’ view of and use of the ESA now, which it clearly does. Also, the point of including the Deep Ecology Foundation was not so much to make them into huge players as to reinforce that these groups buy into Deep Ecology, assuming that the Foundation isn’t going to give to groups that don’t, at least in part, share its vision.

My response: I’m still not sure I’m convinced. Tobacco companies have given money to various libertarian groups over the years, but would it be fair to tar these groups by suggesting they “share” the tobacco industry’s “vision” (thereby implying such groups accept the industry’s view on other matters, such as the link between smoking and disease)? I don’t think so. The most one could say is that tobacco companies like something that libertarian groups do–such as defending an individual’s right to smoke. This position is consistent with the tobacco industry’s “vision,” but that doesn’t mean much. Supporting progressive taxation and public education is “consistent with” Marx’s Communist Manifesto, but few folks who support such policies are Communists or “share” Marx’s ideological vision. So, it may be fair to say that the Foundation for Deep Ecology likes some of what some environmental groups do–but not all that much given the paltry level of their contributions–but I do not think this is a particularly powerful critique, and I maintain it’s not particularly accurate to say these groups “share” the Foundation’s “vision.” In short, I think there are many reasons to attack the ESA–and to attack environmental groups use of the ESA–but I don’t think an alleged connection to deep ecology is it.

Jonathan H. Adler is the Johan Verheij Memorial Professor of Law and the director of the Coleman P. Burke Center for Environmental Law at the Case Western Reserve University School of Law.
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