Protecting the initiative petition process state by state

This short paper from the Community Environmental Legal Defense Fund outlines attacks on the initiative petition process by pro-fracking forces opposing community rights ordinances. While the paper focuses on Ohio and hydrofracking, this tactic could conceivably be used anywhere where voters organize to control corporate misdeeds through direct-democracy ballot questions.

Few municipalities have the right of initiative petition, so protecting the laws already on the books is doubly important. This November, Ohioans will be convening a founding convention of the Ohio Community Rights Network (OHCRN), with the goal of rewriting the state constitution so that it recognizes the right of towns and cities to self-governance. Similar networks already exist in New Hampshire, New Mexico, and Pennsylvania.

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Self-governance and rights-based organizing will be the focus of a talk in Burlington, WA

AfD water activist Sanda Spargo forwarded this notice of an upcoming event in Washington state:

If you're tired of the constant battle for a voice in governance, come hear a new and unified approach. On May 4, Kai Huschke of the Community Environmental Legal Defense Fund will speak at the Burlington, WA public library, 820 E. Washington Avenue. Kai will be discussing Democracy School and a Community Bill of Rights. Democracy School teaches the right to local, self-government that enables communities to reject unsustainable economic and environmental policies set by government and enables legal framework that charters sustainable energy production, sustainable land development and sustainable water, among others. A Community Bill of Rights tailors rights-based local laws according to a community's needs.

For more information, call 360-293-8128 or see CELDF's website.

Locally, volunteers Naomi Bunis, an artist, and Stoney Bird, an environmental attorney, are members of Living Democracy/Bellingham, and are helping Skagit County and Anacortes to form Living Democracy groups with an eye to establishing a chain of these groups along Highway 5 and the railway corridor. Naomi and Stoney are collaborating with CELDF, whose legal work is free to the public.

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How can communities reclaim the right to say "no" to corporations?

Mari Margil, of the Community Environmental Legal Defense Fund, recently posted this article on local rights-based ordinances, originally written for Yes! Magazine. She focuses on the recent circuit court overturn on Morgantown, West Virginia's local anti-fracking ordinance, and asks

"Why is it that cities and towns facing the direct impacts of these and a wide range of other harmful corporate activities do not have the authority to determine whether they should occur? How is it that corporate directors who live hundreds if not thousands of miles away--working hand-in-hand with the state and federal officials that residents often expect to protect them--are able to override local, democratic decision making like Morgantown's?"

Pittsburgh's anti-fracking ordinance, which declares the "fundamental and inalienable right" to water for both residents and ecosystems, also gives residents legal standing to sue on behalf of protection of the municipality's ecosystems. But passing these ordinances is nothing but show unless municipalities are also willing to enforce them.

In the meantime, as Wenonah Hauter points out, the energy industries still have too many tools at their disposal to influence public policy in the service of making money, regardless of the risk to health, environment, and local democracy.

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Pittsburgh bans natural gas drilling

Good news from the Community Environmental Legal Defense Fund, whose press release is below. Kudos to the City Council for their unified stand for public safety and health, and to the people of Pittsburgh for electing accountable and responsible Council members. 
 
The Pittsburgh City Council has unanimously adopted an ordinance banning corporations from conducting natural gas drilling in the city.
 
The ordinance was drafted by the Community Environmental Legal Defense Fund (CELDF) at the invitation of Councilman Bill Peduto, and was introduced by Councilman Doug Shields.
 
Pittsburgh's first-in-the-nation ordinance confronts the threat of Marcellus Shale drilling--an activity permitted by the state which allows corporations to site drilling activities over the wishes of a community.
 
Energy corporations are setting up shop in communities across Pennsylvania, to drill for natural gas in the Marcellus Shale formation.  The gas extraction technique known as "fracking" has been cited as a threat to surface and groundwater, and has been blamed for fatal explosions, the contamination of drinking water, local rivers, and streams.  Collateral damage includes lost property value, ingestion of toxins by livestock, drying up of mortgage loans for prospective home buyers, and threatened loss of organic certification for farmers in affected communities.
 
Councilman Shields stated, "This ordinance recognizes and secures expanded civil rights for the people of Pittsburgh, and it prohibits activities which would violate those rights.  It protects the authority of the people of Pittsburgh to pass this ordinance by undoing corporate privileges that place the rights of the people of Pittsburgh at the mercy of gas corporations."
 
Shields added, "With this vote we are asserting the right of the city to make critical decisions to protect our health, safety, and welfare.  We are not a colony of the state and will not sit quietly by as our city gets drilled.  We encourage communities across the region to take this step and join with us to elevate the rights of communities and people over corporations."
 
CELDF's Ben Price, who is engaging with communities across the state seeking to protect themselves from drilling, said, "Communities are coming to recognize that our state laws and government are not in place to protect their interests, but rather the interests of private corporations."
 
Price applauded the city for taking a stand on behalf of community rights. "Some will say that the municipality doesn't have the authority to ban this noxious practice associated with gas drilling.  The only way that's true is if the state has the authority to strip the residents of their rights, and it doesn't."
 
Under the ordinance, corporations that violate the ordinance or that seek to drill in the city will not be afforded "personhood" rights under the U.S. or Pennsylvania Constitution, nor will they be afforded protections under the Commerce Clause or Contracts Clause under the federal or state constitution.
 
In addition, the ordinance recognizes the legally enforceable Rights of Nature to exist and flourish.  Residents of the city shall possess legal standing to enforce those rights on behalf of natural communities and ecosystems. 

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Pittsburgh's City Council gives a first nod to fracking ban

From WDUQ-FM, via CELDF:
Pittsburgh City Council has given preliminary approval to a ban on future Marcellus Shale gas well drilling. The bill, which was first introduced in August has gone through several rounds of debate at the council table and has been the subject of more than one public input session. Bill Sponsor Doug Shields says over the weeks it has become clearer to him that the ban is needed if the city is to protect its water supply, property values and quality of life.

Most council members and legal experts believe the bill runs afoul of state law but Shields says it is far too important of an issue for him to worry about a legal challenge. “Maybe some members are comfortable with this challenge, some members aren’t, but I won’t concede an inch on a legal argument. I will not concede anything until that argument is made. I will not be preempted. I hope we do not preempt the city’s voice,” says Shields.

Shields says he is not certain that the drilling companies would want to launch the fight but if they do he has been in contact with the Community Environmental Legal Defense Fund. A representative of that group says he will put in writing that CELDF will provide free legal assistance to the city if a challenge if filed.

The bill was passed 7-0 with councilmen Ricky Burgess and Daniel Lavelle not in the room at the time of the vote. While the mayor has not taken a stance on the bill the 7 votes means council would be able to override a veto.

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