Early in the now ten year saga to site a liquefied natural gas terminal on the North Spit of Coos Bay elected officials were asked to seek an advisory vote by putting the matter on the ballot. Do the majority of Coos County citizens agree with the development course being undertaken by the Port of Coos Bay or not? Does Coos County really want the Jordan Cove LNG terminal, sitting on a subduction zone, as well as its associated 36″ pipeline cutting a wide swath across public and private timber lands crossing rivers and streams? The board of commissioners refused citing, amongst other things, the belief that there was no point in doing so because even though we live here and must therefore live with the consequences of the project, the choice is not ours to make.

“The federal government has the final say,” said the commission. “It’s up to the FERC (Federal Energy Regulatory Commission) to decide.”

Once, during one of the myriad public hearings related to land use and local permits regarding the project I listened to an attorney for the applicant, now Veresen, Inc., explaining to the planning commission the limits of its authority. As if he were talking to small children, the lawyer meticulously laid out the parameters the commission must abide by and what the commission could and could not decide. Simply saying NO was not an option.

By now, we all recognize that state and federal regulatory agencies are not in the business of saying “NO” to polluting industries. Their sole purpose is to say “YES” to applicants and then to regulate exactly how much the applicant is legally allowed to pollute our environment. As a consequence of this failure of the state and federal government to protect our individual rights to clean air, water and thriving ecosystems, more and more communities are taking matters into their own hands and asserting the right of local self-governance.

Amidst all the sturm und drang over Democrats losing control of Congress there were many progressive wins that came out of Tuesday’s election above and beyond the legalization of marijuana. The City of Richmond, California rejected efforts by Chevron to try and populate the city council with regressive pro-gas candidates. Washington State gave up on Congress and 60% of voters passed a historic gun control measure. Despite being outspent $8 million to $60K Maui passed a GMO labeling law and Oregon’s is said to still be in play trailing by less than 1%. Several communities, again heavily outspent by the fossil fuel industry successfully banned hydraulic fracturing by margins as high as 78%!

Especially when it comes to fossil-fuels, the environment and climate the differences between Democrats and Republicans has narrowed so much that voters no longer care which party is in control and I would speculate that Democrats lost, in part, because progressives more and more chose to vote green or even Green rather than accept the “lesser of two evils.” Since we cannot rely on state and federal government to protect our health, air, water and the planet communities are choosing to take matters into their own hands by enacting law, ordinances to do what our state and federal legislators will not.

To that end, a group of local citizens known loosely for the moment as the Coos Commons Protection Council have written an ordinance that will make it “…unlawful for any corporation or governmental entity to engage in fossil fuel transportation through or into Coos County except the transportation of fossil fuels intended for residential, commercial, or industrial use for on-site power, heat consumption and vehicle refueling.” The initiative was filed with the county clerk on Tuesday afternoon and asserts our inherent right to local self-government by enacting law affirmed in the Oregon Constitution ―”All power is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, safety, and happiness;”

The ordinance will also restrict the practice of eminent domain by making it “unlawful within Coos County for a corporation or governmental entity to engage in land acquisition necessary for the construction of a non-sustainable energy system.”

(d) Governmental Legitimacy. All governments owe their existence to the people of the community that those governments serve, and governments exist to secure and protect the rights of the people and those communities. Any system of government that becomes destructive of those ends is not legitimate, lawful, or constitutional.

(e) Right to Local, Community Self-Government. The people of Coos County possess both a collective and individual right to self-government in their community, a right to a system of government that embodies that right, and the right to a system of government that protects and secures their human, civil, and collective rights.

(f) Right to Assert the Right to Self-Government. The people of Coos County possess the right to use their local government to make law, and the making and enforcement of law by the people through a municipal corporation or any other institution shall not eliminate, limit, or reduce their sovereign right to local, community self-government.

The people of Coos County, not Washington bureaucrats or profiteering developers, should decide what’s best for Coos County. We are shooting for the May 2015 ballot. Citizens concerned about the Pacific Connector Gas Pipeline are working on a similar ordinance for Douglas County. If you would like to be a part of this historic and revolutionary effort please email CoosCommons (at) gmail.com.