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Weed Laws Article on Landscaping (John Marshall Law Review) Page 5 of 27 <br />member of a community of interdependent parts. His instincts prompt him to <br />compete for his place in that community, but his ethics prompt him also to co- <br />operate (perhaps in order that there may be a place to compete for). <br />The land ethic simply enlarges the boundaries of the community to include <br />soils, waters, plants, and animals, or collectively, the land. <br />In short, a land ethic changes the role of Homo sapiens from conqueror of the <br />land- community to plain member and citizen of it. It implies respect for his <br />fellow- members, and also respect for the community as such.44 <br />Aldo Leopold began practicing his Land Ethic through natural landscaping in the <br />late 1930s. In central Wisconsin, he "sought to take a tract of wornout land and <br />bring it back to its original state.i45 On the "Sand Farm," as it was known, Leopold <br />was inspired to compose the Sand County Almanac. <br />In addition to practicing rural natural landscaping at his Sand Farm, Leopold was <br />responsible for the first urban American natural landscape.46 In 1932, Leopold <br />oversaw the restoration of two square miles of derelict farmland to its natural state <br />at the University of Wisconsin aboretum.47 The Land Ethic he espoused and the <br />practice of ecological restoration he began in Madison and on his farm are the <br />foundational precursors of the modern natural landscape movement. This <br />movement, however, must overcome regressive weed laws and uniformed public <br />officials who reject the Land Ethic. <br />E. The Judicial Acceptance of the Land Ethic <br />The biocentric Land Ethic, the welding of ecology, esthetics, and ethics to <br />recognize humankind's inter - dependence with Nature, is part of the common law. In <br />Southern Illinois, for example, the Cache River Natural area once considered a <br />swamp whose raison d'etre was to be drained by farmers, is now a National Natural <br />Heritage Landmark, the preservation of which an appellate court held takes <br />precedence over the desires of farmers.48 In Minnesota, Leopold's Land Ethic was <br />expressly adopted by the state's supreme court as the guiding principle for <br />construction of state envirommental law.49 Justice Douglas relied on Leopold to <br />support his argument for a broad definition of standing in environmental cases.5o <br />The Land Ethic, unfortunately, has not penetrated the minds or affected policy <br />decisions of some city legislators and officials who cling to archaic and <br />environmentally hostile weed laws and prosecute natural landscapers. Such actions <br />contradict. humankind's true relationship with Nature. The history of local weed <br />laws explains their intransigence. Slowly, through the efforts of various citizens and <br />groups, the ignorance and history that girds these laws, is being wittled away. This <br />article now turns to that history. <br />III. A HISTORY OF WEED LAWS AND THE BATTLES OVER <br />THEM <br />A. Why We Have Weed Laws <br />http: / /www.epa.gov /glnpo /greenacres /weedlaws /JMLR.html 2/22/01 <br />