Quote
He became the first private property owner in the United States to use a deed easement recognizing the Rights of Nature; and fight fracking
at the same time.
When J. Stephen Cleghorn realized that Paradise Gardens and Farm, his certified-organic farm in Pennsylvania that sits above the Marcellus Shale formation, was at risk of being “fracked” for shale gas extraction, he knew he had to act. But he did more than just act against
fracking when he became the first private property owner in the United States to use a deed easement recognizing the Rights of Nature to ban all activities that would do systemic harm to the ecosystem both above and deep below the surface of his farm.
“We wanted to preserve organic agriculture on these 50 acres to be sure, but also wanted to employ this recognition of Rights of Nature to deter any activity that would threaten those rights at the surface in the deep biosphere below this farm,” said Cleghorn.
Subsurface rights, sometimes called the mineral estate or ‘split’ estate, are often leased or sold to fracking companies in order to drill and dump millions of gallons of toxins below private property and ground water. In most states, these mineral “rights” were sold as long ago as 100 years or more, affording residents no say over what happens under their feet — and sometimes even on their property.
More
Explanation of conservation easement