Malcom “Tipping Point” Gladwell wrote a review for the New Yorker of Jared Diamond’s Collapse at the end of 2004 that address Prop 37, the Oregon law that’s nearly identical to Prop 90. There’s an extended quote on the flip, but the whole thing is worth a read…
To call Measure 37—and similar referendums that have been passed recently in other states—intellectually incoherent is to put it mildly. It might be that the reason your hundred-acre farm on a pristine hillside is worth millions to a developer is that it’s on a pristine hillside: if everyone on that hillside could subdivide, and sell out to Target and Wal-Mart, then nobody’s plot would be worth millions anymore. Will the voters of Oregon then pass Measure 38, allowing them to sue the state for compensation over damage to property values caused by Measure 37?
It is hard to read “Collapse,” though, and not have an additional reaction to Measure 37. Supporters of the law spoke entirely in the language of political ideology. To them, the measure was a defense of property rights, preventing the state from unconstitutional “takings.” If you replaced the term “property rights” with “First Amendment rights,” this would have been indistinguishable from an argument over, say, whether charitable groups ought to be able to canvass in malls, or whether cities can control the advertising they sell on the sides of public buses. As a society, we do a very good job with these kinds of debates: we give everyone a hearing, and pass laws, and make compromises, and square our conclusions with our constitutional heritage—and in the Oregon debate the quality of the theoretical argument was impressively high.
The thing that got lost in the debate, however, was the land. In a rapidly growing state like Oregon, what, precisely, are the state’s ecological strengths and vulnerabilities? What impact will changed land-use priorities have on water and soil and cropland and forest? One can imagine Diamond writing about the Measure 37 debate, and he wouldn’t be very impressed by how seriously Oregonians wrestled with the problem of squaring their land-use rules with their values, because to him a society’s environmental birthright is not best discussed in those terms. Rivers and streams and forests and soil are a biological resource. They are a tangible, finite thing, and societies collapse when they get so consumed with addressing the fine points of their history and culture and deeply held beliefs—with making sure that Thorstein Olafsson and Sigrid Bjornsdotter are married before the right number of witnesses following the announcement of wedding banns on the right number of Sundays—that they forget that the pastureland is shrinking and the forest cover is gone.