Uncharted Territories: The Evolving Landscape of Rights, Access, and Adventure

The discourse surrounding fundamental rights, environmental stewardship, and the spirit of exploration continues to evolve, pushing boundaries from the legal intricacies of land access in the United States to the burgeoning concept of non-human legal personhood. This edition delves into a diverse array of topics that collectively paint a picture of a world grappling with age-old questions and emerging challenges, featuring adventurers, artists, and activists at the forefront of change.
The Unseen Barriers: America’s Right to Roam and Locked-Out Public Lands
While citizens in many European nations, including the United Kingdom, Norway, and Sweden, enjoy an established "right to roam" – the freedom to access and traverse uncultivated land, even private property, for recreation – Americans largely lack such a universal legal entitlement. This disparity in land access philosophy marks a significant cultural and legal divergence, prompting critical examination of property rights in the U.S.
The foundational text This Land Is Our Land by Ken Ilgunas serves as a compelling primer on this issue, arguing that a more relaxed attitude towards property boundaries could foster greater national unity and reduce societal division. Ilgunas’s work highlights a tension between deeply ingrained American ideals of private property ownership and the collective desire for public access to natural spaces. Historically, American land policy, shaped by westward expansion and the Homestead Act, prioritized individual ownership and development, contrasting sharply with the communal land use traditions that persisted in parts of Europe.
Compounding this philosophical debate is the stark reality of "locked-out" public lands. Estimates suggest that nearly 10 million acres of federal land, legally belonging to all Americans, remain inaccessible due to surrounding private property that blocks entry. This phenomenon disproportionately affects Western states, where vast tracts of public land, often checkerboarded with private holdings, become de facto private due to lack of legal access points. Hunters, hikers, anglers, and outdoor enthusiasts frequently encounter "no trespassing" signs on private parcels that entirely encircle public domain, effectively rendering millions of acres unreachable.
The implications of this access deficit are far-reaching. Environmentally, restricted access can hinder conservation efforts by fragmenting ecosystems and limiting the ability to manage wildlife across contiguous landscapes. Economically, it curtails opportunities for outdoor recreation and tourism, which contribute significantly to rural economies. Socially, it creates an inequitable system where only those with private land access or the means to navigate complex public land boundaries can fully enjoy national resources.
While Congress’s permanent funding of the Land and Water Conservation Fund (LWCF) is a crucial step towards land acquisition and the creation of new public access points, it represents only the initial phase of addressing a systemic problem. The LWCF, established in 1964, uses offshore oil and gas drilling revenues to fund conservation and recreation projects, including the purchase of private lands to expand public access. However, the scale of the challenge necessitates a more comprehensive approach.
Advocacy groups like the Theodore Roosevelt Conservation Partnership (TRCP) and the Center for Western Priorities are actively campaigning for solutions. The TRCP focuses on ensuring hunters and anglers have access to quality outdoor experiences, often working to secure easements and improve existing public access. The Center for Western Priorities champions responsible conservation and management of Western lands and waters, advocating for policies that promote broad public access and prevent further privatization of public resources. These organizations underscore the importance of public engagement and policy reform to unlock these vast, inaccessible landscapes for future generations.
Environmental journalist Gloria Dickie, in her inaugural piece for this publication, brings her investigative lens to these critical issues, further illuminating the complex interplay of land rights, conservation, and public policy. Her work at gloriadickie.com and @gloriadickie consistently highlights pressing environmental concerns and the human stories intertwined with them.
The Monkey Selfie Saga: Copyright, Consciousness, and Nonhuman Rights
The fascinating and often contentious case of the "monkey selfie" has captivated the world, propelling a seemingly simple photograph into a complex legal and philosophical debate on copyright, authorship, and the evolving concept of legal rights for non-human entities. Photographer David Slater’s life was undeniably altered by the controversy surrounding images captured by a Celebes crested macaque using his camera in Sulawesi, Indonesia.
The saga began in 2011 when Slater, on an expedition, left his camera unattended, allowing a curious macaque to trigger the shutter, resulting in a series of self-portraits, including one particularly striking image that went viral. Wikimedia Commons, a repository of free-to-use media, refused to remove the images, asserting that as a non-human animal, the monkey could not hold copyright, and therefore the images were in the public domain. This stance ignited the core of the legal battle: who, if anyone, owned the copyright?
Slater maintained that he owned the copyright, arguing that he set up the shot, owned the equipment, and had facilitated the creation of the images through his expedition. However, the U.S. Copyright Office’s compendium states that it "will not register works produced by nature, animals, or plants," including a "photograph taken by a monkey."
The controversy escalated when the People for the Ethical Treatment of Animals (PETA) filed a lawsuit in 2015 on behalf of the macaque, named Naruto, arguing that the monkey should be declared the copyright owner. PETA’s lawsuit sought to administer the proceeds from the photos to Naruto and other macaques in the Sulawesi reserve. This unprecedented legal action pushed the boundaries of animal rights, suggesting that an animal could possess the legal standing to sue and own intellectual property.
While the U.S. District Court initially ruled against PETA, stating that animals lacked statutory standing under the Copyright Act, an appeal followed. Ultimately, in 2018, Slater and PETA reached an out-of-court settlement, with Slater agreeing to donate 25% of any future revenue from the monkey selfies to charities dedicated to protecting Naruto’s habitat. This settlement, while avoiding a definitive legal precedent on animal copyright, underscored the growing pressure to consider the welfare and, potentially, the rights of non-human animals in human legal frameworks.
Slater’s personal journey through this legal quagmire has been arduous, financially and emotionally draining. Unable to afford a prolonged legal battle against internet giants like Wikimedia after his fight with PETA, he continues to navigate the aftermath. His website, djsphotography.co.uk, offers his perspective on the affair and details his ongoing efforts to support the conservation of Celebes crested macaques in Sulawesi, demonstrating a commitment to the animals at the heart of the dispute.
The "monkey selfie" case is a microcosm of a rapidly evolving field: legal rights for nature. Books like The Rights of Nature: A Legal Revolution That Could Save the World by David Boyd provide a solid understanding of the philosophical underpinnings and practical implications of granting legal personhood or rights to ecosystems, rivers, or species. This movement, gaining traction globally, posits that nature should have the right to exist, flourish, and regenerate, and that humans have a legal duty to protect these rights.
Organizations such as the Global Alliance for the Rights of Nature (therightsofnature.org) and the Nonhuman Rights Project (nonhumanrights.org) are at the forefront of this legal revolution. The Nonhuman Rights Project, for instance, focuses on securing fundamental legal rights for nonhuman animals, arguing that certain species, based on scientific evidence of cognitive complexity and autonomy, should be recognized as legal persons rather than mere property. These efforts challenge anthropocentric legal systems and advocate for a paradigm shift in how humanity relates to the natural world, with profound implications for environmental law, conservation, and ethical considerations.
Whispers of the Wild: From Pine Barrens to Global Expeditions
Adventure and exploration often reveal untold stories, whether through the unique ecosystems of the New Jersey Pine Barrens or the daring aerial journeys across continents. Contributing editor Craig Childs, a renowned nature writer, previously illuminated the enigmatic beauty of the New Jersey Pine Barrens in AJ10. This vast, ecologically distinct region of over one million acres is characterized by its sandy soil, acidic waters, and unique flora and fauna, including the rare Pine Barrens tree frog and the legendary Jersey Devil. Childs’s work, often found at houseofrain.com and through his social media @journalizard, delves into the deeper, often mystical, connections between humans and wild landscapes, inviting readers to consider the hidden wonders in their own backyards.
Meanwhile, the spirit of adventure takes to the skies with figures like Paul Guschlbauer. His Pan-American Air Line flight south, a testament to human endurance and aerial skill, was largely smooth in the air but presented formidable challenges on the ground. As Guschlbauer recounted, "Usually we rent the cheapest cars—this time, trying to be super safe [in the Atacama Desert], we actually took an expensive 4×4. At one in the morning, we had to get picked up by the police because the car broke down at 5200m! Everyone had altitude sickness…The mechanic also could not start the car again, so we guess it is still up there." This anecdote highlights the unpredictable nature of extreme expeditions, where meticulous planning can still be thwarted by the harsh realities of remote environments like the Atacama Desert, one of the driest places on Earth, where altitude and isolation amplify every logistical hurdle. Guschlbauer’s blog, fly-overland.com, and his personal site paulguschlbauer.at, along with his Instagram @paulguschlbauer, chronicle his thrilling adventures, inspiring many to ponder the possibility of obtaining a pilot’s license.
Beyond personal feats, adventure can also be a vehicle for profound humanitarian impact. Writer and photographer Christophe Noel experienced long periods of unreachability during the production of this issue, a testament to his dedication to a critical cause. He recently launched Clean Drink Adventures, an initiative focused on bringing potable water to rural communities in Nepal. With an estimated 23 million people in Nepal lacking access to safe drinking water, the scale of the crisis is immense. For five weeks, Noel personally delivered water via motorcycle, navigating challenging terrain to reach those most in need. His efforts, detailed at cleandrinkingadventures.org and christophenoel.net, and shared on @christophe_l_noel, exemplify how individual determination can directly address global challenges, bridging the gap between adventure and altruism.
Coastal Life and Creative Pursuits: From Stilt Houses to Graphic Novels
The unique architectural and cultural landscapes of the Gulf Coast are brought to life through projects like the Texas stilt-house cabin initiative. These iconic structures, elevated above the water, offer resilience against coastal flooding and hurricanes while embodying a distinct way of life. However, information on the ongoing Texas stilt-house cabin program proves remarkably elusive. Online documentation is scarce, and repeated inquiries to the General Land Office, the entity responsible for the program, have gone unanswered. For those seeking direct information, emailing [email protected] is suggested as a potential avenue.
Despite the difficulty in accessing official program details, the visual story of these resilient dwellings is readily available. Writer Michael Medrano and photographer Tim Romano have captured the essence of stilt-house living in a stunning coffee table book, from which an excerpt is featured in this issue. The book, available at stilthouses.com, alongside Romano’s work at timromano.com and @timromanophoto, offers a rich visual narrative that, though it "sadly doesn’t" smell of brine and fried shrimp, evokes the wistful scents and enduring spirit of the Gulf Coast through imagination. These structures are not merely buildings; they are cultural touchstones, testaments to adaptation and a deep connection to the marine environment, facing increasing threats from climate change and coastal erosion.
The world of outdoor adventure journalism is further enriched by the consistent contributions of figures like Jeff Moag. A regular contributor to Adventure Journal and the former editor of Canoe & Kayak, Moag has a deep understanding of human endeavor in wild places. His most recent piece in AJ11 explored the formidable K2, the last unclimbed 8,000-meter peak, delving into the allure and extreme dangers of high-altitude mountaineering. His insights, shared at @jeffmoag, continue to inspire and inform those fascinated by the limits of human endurance.
Art, too, finds its expression in adventure and personal history. Tessa Hulls, a multidisciplinary artist, exemplifies this with a diverse portfolio that includes a non-fiction graphic novel about her grandmother and an exhibition exploring her Chinese ancestry at the Santa Cruz Museum of Art & History. Her ability to weave personal narrative, historical research, and visual storytelling across various mediums is truly remarkable. Hulls’s work, accessible at tessahulls.com and @tessahulls, demonstrates the power of art to explore identity, heritage, and the broader human experience, often informed by her adventurous spirit, including her unique habit of biking to weddings.
In the realm of long-distance hiking, Kolby Kirk, known as "The Hike Guy," has achieved legendary status. His ability to capture the essence of extended wilderness journeys, particularly his Pacific Crest Trail (PCT) adventure, resonates deeply within the hiking community. His video, "Condor’s PCT Adventure in 3 Minutes," available through online resources, offers a glimpse into the profound physical and mental challenges, as well as the unparalleled beauty, of traversing one of America’s most iconic long trails. Kirk’s extensive documentation and advice, shared at thehikeguy.com and @thehikeguy, provide invaluable resources and inspiration for aspiring thru-hikers.
Creative Expressions: From Desert Landscapes to Historical Photography
The vast and often unforgiving beauty of desert landscapes finds its voice through the works of author David Stevenson and artist Tom Baumgartner. David Stevenson, an accomplished alpinist, ski mountaineer, and director of the Creative Writing and Literary Arts program at the University of Alaska in Anchorage, brings a unique perspective to his storytelling. His experiences in extreme environments inform his writing, imbuing his narratives with an authenticity born from direct engagement with the wild. His blog, ddstevenson.blogspot.com, offers further insights into his literary and adventurous pursuits. Tom Baumgartner, an artist living in the heart of the Sonoran Desert in Tucson, Arizona, translates the desert’s intricate patterns and vibrant hues into his art. His work, showcased at patternology.com, captures the subtle complexities and raw majesty of an ecosystem often misunderstood, highlighting the delicate balance of life in an arid land.
The historical lens also offers profound insights into artistic movements and individual legacies. Anne Brigman, a prominent figure in early 20th-century photography, left an indelible mark with her evocative, often ethereal, images. Her retrospective at the Nevada Museum of Art, which concluded in January 2019, celebrated her unique contributions to the Pictorialist movement. Brigman was renowned for her nude studies in natural settings, often depicting women as powerful, elemental forces intertwined with the wilderness. Her work challenged conventional norms of the time, embodying a proto-feminist sensibility and a deep connection to nature. A sumptuous 400-page book on her life, available from Rizzoli, provides an extensive look at her artistic journey, and her photographs are held in the permanent collections of prestigious institutions such as the J. Paul Getty Museum, the Metropolitan Museum of Art, and the Smithsonian, ensuring her enduring influence on the history of photography.
The Modern Nomads: Culinary Adventures and Cuban Waves
The modern nomadic lifestyle, exemplified by "vanlife," continues to capture the imagination of many seeking freedom and connection with the outdoors. Megan McDuffie and Michael van Vliet, affectionately known as Fresh Off the Grid, have become synonymous with this movement, particularly for their innovative approach to outdoor cooking. After a period of settling in Bend, Oregon, embracing a more conventional indoor existence, they have joyfully returned to their roots, embracing vanlife once again. Their platform, freshoffthegrid.com and @freshoffthegrid, provides a wealth of recipes, tips, and inspiration for culinary adventures on the road, demonstrating that delicious and wholesome meals are entirely possible even in the most minimalist of kitchens. They embody a growing trend of individuals prioritizing experience and flexibility over static living, blending culinary passion with an adventurous spirit.
Beyond the domestic shores, the spirit of resilience and passion manifests in unexpected places, such as the burgeoning surf scene in Cuba. Despite significant historical and logistical challenges, including the long-standing U.S. embargo and limited access to equipment, the Cuban surfing community thrives. Their dedication to the sport is unparalleled, forged in an environment that demands ingenuity and perseverance. The story of these passionate surfers is currently being documented in Havana Libre, a film in post-production, which can be followed at makewild.co/cuba. This site also offers The Cuba Unknown, a 180-page photo and guide book that delves into the island’s surf culture, featuring some of the captivating images showcased in this issue. The Cuban surf scene is more than just a sport; it’s a testament to the human spirit’s ability to find joy, community, and freedom against formidable odds, offering a unique perspective on cultural exchange and the universal appeal of the ocean.
These diverse narratives, from legal battles over monkey selfies to the quiet determination of adventurers bringing clean water to remote villages, underscore a common thread: humanity’s ongoing quest to understand its place in the world, to define its relationship with nature, and to explore the limits of both the physical and conceptual landscapes.






