BOOK REVIEW: CITIZEN JUSTICE: THE ENVIRONMENTAL LEGACY OF WILLIAM O. DOUGLAS – PUBLIC ADVOCATE AND CONSERVATION CHAMPION BY HON. M. MARGARET MCKEOWN

Written by Sara F. Dudley¹

The Environmental Law News Book Review is a recurring column that highlights important and interesting books on environmental law, science and policy. This review discusses Citizen Justice: The Environmental Legacy of William O. Douglas – Public Advocate and Conservation Champion by Hon. M. Margaret McKeown.² The author’s name should be a familiar one to California lawyers, as Ms. McKeown recently retired after having served almost twenty-five years on the Ninth Circuit Court of Appeals.

The column in the Spring/Summer 2023 edition of Environmental Law News reviewed Daniel Selmi’s book Dawn at Mineral King Valley: The Sierra Club, the Disney Company and the Rise of Environmental Law. There, Mr. Selmi reviewed the history and legacy of Sierra Club v. Morton, where the United States Supreme Court articulated the test for standing for environmental law petitioners. The majority opinion continues to be cited as law, but is seldom cited as inspiration. In contrast, Douglas’ dissent cannot be cited as law, but is frequently cited as inspirational.

In his dissent, Douglas urged the Court grant the ecosystem standing with the Sierra Club simply acting as guardian ad litem for nature. Douglas cited Christopher Stone’s essay Should Trees Have Standing, lending legitimacy to the fledging "rights of nature" legal philosophy. As Citizen Justice demonstrates, the Morton decision was not a judicial one-off, but a reflection of Justice Douglas’ passion for the wilderness and lifelong dedication to conservation advocacy. As Citizen Justice describes, Douglas is not minor character in American conservation history, but a key player.