William Douglas Supreme Court

Peter Dykstra: Environmental Justice Douglas

A piece last week by Katie Surma of Inside Climate News credited William O. Douglas with early support of the notion that nature should have legal rights.


It reminded me of just how far ahead of time this Supreme Court Justice was.

Catching the eye of FDR

Born in rural Minnesota in 1898, Douglas grew up in the Pacific Northwest. After four years at Whitman College in Walla Walla, Washington, he headed east to Yale Law School, where he fell in with a crowd of New Deal Liberal Democrats.

In time, he caught the eye of Franklin D. Roosevelt, who appointed Douglas to the Securities and Exchange Commission in 1934. Five years later, he became the youngest Supreme Court appointee ever.

He stayed on for nearly 37 years – still the longest service of any Supreme Court justice. But in 1944, FDR looked to make a change for his fourth presidential run. His finalists for Vice President were Justice Douglas and Missouri Senator Harry S. Truman. With FDR's death in early 1945, it could have been President Douglas inheriting the Hiroshima bomb and the Cold War. Instead, it was Justice Douglas inheriting Brown vs. Board of Education and some of the most crucial cases ever heard by the high court. He took an unrelenting stand in favor of free speech, civil rights, and when the opportunity arose, nature.

Hiking for a cause 

Those opportunities often arose outside the court. An avid hiker, Douglas often walked the towpath along the Chesapeake & Ohio Canal. Douglas hiked, cajoled and successfully campaigned against turning the historic canal into a parkway.

In 1967, New Jersey environmentalists invited him to wade directly into partisan politics. Douglas accepted, leading a protest hike up the 1,303-foot Mount Tammany to Sunfish Pond, a picturesque mountaintop lake slated for conversion to a pump storage electric facility.

The Justice and his 1,000-hiker entourage helped elevate the cause. Central Jersey Power & Light soon decided that turning Sunfish Pond into a storage tank for a hydroelectric dam wasn't needed. Eventually, the entire Tocks Island Dam Project fell by the boards.

Standing up for the "legitimate spokesmen"

From 1960 to 1962, Douglas served on the national board of the Sierra Club – a conflict I thought would be at the very least frowned upon for a sitting Supreme Court Justice. Particularly because his most creative dissent came in a 1972 case where Sierra was the plaintiff. Sierra Club vs. Morton pit the environmental group against the Walt Disney Corp., who wanted to build a massive ski resort near California's Sequoia National Park.

In a minority opinion Douglas wrote, "[t]hose who have that intimate relation with the inanimate object about to be injured, polluted, or otherwise despoiled are its legitimate spokesmen."

It didn't work. But "Wild Bill" persisted through a massive stroke, and four marriages, finally retiring in 1975. He died in 1980.

Can you imagine launching a Supreme Court career like that today?

Peter Dykstra is our weekend editor and columnist and can be reached at pdykstra@ehn.org or @pdykstra.

His views do not necessarily represent those of Environmental Health News, The Daily Climate, or publisher, Environmental Health Sciences.

Banner photo: Douglas congratulated by SEC on nomination to Supreme Court bench, Washington, D.C., March 20, 1939. (Public Domaine image)

3 women in different colored head scarves sitting on ground with a child.

Opinion: Global warming is a crisis of inequality

Climate change-driven disasters often strike hardest where inequality, colonial legacies, and poor infrastructure leave communities most exposed and least protected.

Friederike Otto writes for The Guardian.

Keep reading...Show less
Sunrise in the woods

Get our Good News newsletter

Get the best positive, solutions-oriented stories we've seen on the intersection of our health and environment, FREE every Tuesday in your inbox. Subscribe here today. Keep the change tomorrow.

red road bike beside red and white wooden maple leaf painted wall.

Climate change fades in Canadian election as voters prioritize economy and U.S. tensions

Climate change, once a leading issue for Canadian voters, has slipped down the list of priorities in the 2025 federal election amid growing concerns over the economy and U.S. political instability.

Julia-Simone Rutgers reports for The Narwhal.

Keep reading...Show less
Scientist wearing safety glasses working in a lab.
Credit: CDC/Unsplash

Governor of Massachusetts warns against brain drain due to GOP science funding cuts

Massachusetts Gov. Maura Healey warned that President Trump’s attacks on research institutions and funding cuts are driving scientists out of the U.S. and weakening the country’s global leadership in science.

David Cohen reports for POLITICO.

Keep reading...Show less
The extension .org in woodblocks next to a cup of coffee.

Trump signals crackdown on environmental nonprofits by targeting their tax-exempt status

Environmental organizations across the country are bracing for executive orders from President Trump that may challenge their tax-exempt status and chill legal and advocacy work.

Marianne Lavelle and Lee Hedgepeth report for Inside Climate News.

Keep reading...Show less
An oil rig in the middle of the ocean at sunset, with purple clouds and sea and an orange sky.

Fifteen years after the Gulf oil spill, health claims stall as offshore drilling expands

A decade and a half after the Deepwater Horizon disaster, many Gulf Coast residents and cleanup workers still struggle to receive compensation for alleged oil-related health problems, even as environmental restoration slows and offshore drilling ramps up.

Jack Brook reports for The Associated Press.

Keep reading...Show less
A porch with a flag on the front of it.

Climate-fueled disasters and inflation drive Texas homeowners to face soaring insurance costs

A growing number of Texas residents are struggling to afford or even obtain home insurance as intensifying weather and economic pressures drive premiums to record highs.

Anna Phillips reports for The Washington Post.

Keep reading...Show less
Two men wearing sun hats standing in a field of plants.

Agroforestry cuts deforestation in Southeast Asia, but success depends on local policies

Agroforestry systems have reduced deforestation across Southeast Asia over the past eight years, but new research finds that without the right policies, they can also drive forest loss.

Carolyn Cowan reports for Mongabay.

Keep reading...Show less
From our Newsroom
Regulators are underestimating health impacts from air pollution: Study

Regulators are underestimating health impacts from air pollution: Study

"The reality is, we are not exposed to one chemical at a time.”

Pennsylvania governor Josh Shapiro speaks with the state flag and American flag behind him.

Two years into his term, has Gov. Shapiro kept his promises to regulate Pennsylvania’s fracking industry?

A new report assesses the administration’s progress and makes new recommendations

silhouette of people holding hands by a lake at sunset

An open letter from EPA staff to the American public

“We cannot stand by and allow this to happen. We need to hold this administration accountable.”

wildfire retardants being sprayed by plane

New evidence links heavy metal pollution with wildfire retardants

“The chemical black box” that blankets wildfire-impacted areas is increasingly under scrutiny.

People  sitting in an outdoors table working on a big sign.

Op-ed: Why funding for the environmental justice movement must be anti-racist

We must prioritize minority-serving institutions, BIPOC-led organizations and researchers to lead environmental justice efforts.

joe biden

Biden finalizes long-awaited hydrogen tax credits ahead of Trump presidency

Responses to the new rules have been mixed, and environmental advocates worry that Trump could undermine them.

Stay informed: sign up for The Daily Climate newsletter
Top news on climate impacts, solutions, politics, drivers. Delivered to your inbox week days.