The Commons
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"Environmentalism didn't begin on Earth Day. It's been recognized for thousands of years as a basic human right. The code of Justinian for the first time outlined environmental rights as essentially fundamental rights. If you were a citizen of Rome, you had an absolute right to cross a beach to catch a fish. The emperor himself couldn't stop you. In England, in the 13th century, they had a clean air act. It was illegal to burn coal in London. It was a capital crime and people were executed for it.

"When Roman law broke down in Europe during the Dark Ages, a lot of the feudal kings began reasserting control over the public-trust resources. For example, in England, King John began selling monopolies to the fisheries and he said the deer belonged to nobility. The public rose up and confronted him at the Battle of Runnymede and forced him to sign the Magna Carta, which of course was the beginning of constitutional government. In addition to having virtually all of our Bill of Rights, the Magna Carta has two other chapters on free access to fisheries in navigable waters. And those rights descended to the people in the States when we had the revolution. And virtually every state constitution says the people of the state own the waters and the fisheries, the wildlife, the air. They're not owned by the governor, the legislature, the corporations. Nobody has a right to use them in a way that will diminish or injure their use and enjoyment by others." Robert F. Kennedy Jr.
     
Code of Justinian                                Magna Charta

"The rule is the commons are owned by all of us. They're not owned by the governor or the legislator or the coal companies and the utility. Everybody has a right to use them. Nobody has a right to abuse them. Nobody has a right to use them in a way that will diminish or injure their use and enjoyment by others. But they've stolen that entire resource from the people of New York State. When they put the acid rain in the air, it destroys our forest, and it destroys the lakes that we use for recreation or outfitting or tourism or wealth generation. When they put the mercury in the air, the mercury poisons our children's brains, and that imposes a cost on us. The ozone in particular has caused a million asthma attacks a year, kills 18,000 people, causes hundreds of thousands of lost work days. All of those impacts impose costs on the rest of us that in a true free-market economy should be reflected in the price of that company's product when it makes it to the marketplace.

"What those companies and all polluters do is use political clout to escape the discipline of the free market and to force the public to pay their costs. All of the federal environmental laws, every one of the 28 major environmental laws, were designed to restore free-market capitalism in America by forcing actors in the marketplace to pay the true cost of bringing their product to market. That's what we do with the Riverkeepers -- we have 147 licensed Riverkeepers now and each one has a patrol boat, each one is a full-time, paid Riverkeeper -- each one agrees to sue polluters.

"At Riverkeeper, we don't even consider ourselves environmentalists anymore. We're free marketers. We go out into the marketplace, we catch the cheaters, the polluters, and we say to them, "We're going to force you to internalize your costs the same way that you internalize your profits, because as long as somebody is cheating the free market, none of us get the advantages of the efficiency and the democracy and the prosperity that the free market otherwise promises our country. What we have to understand as a nation is that there is a huge difference between free-market capitalism, which democratizes a country, which makes us more prosperous and efficient, and the kind of corporate-crony capitalism which has been embraced by this White House, which is as antithetical to democracy, to prosperity, and efficiency in America as it is in Nigeria." Robert F. Kennedy Jr.

Thames River In Runnymede, England where the Magna Charta Was Signed By King John