Some of the progressive wins last Tuesday were ordinances crafted under a community rights model by local groups working with CELDF (Community Environmental Legal Defense Fund). Athens, OH banned fracking passing a rights based ordinance as did the California counties of San Benito and Mendocino, (my old stomping grounds). Not every rights based initiative was successful, however, and Josephine County failed to enact what would have been the “first-in-the-nation Community Bills of Rights citizens’ initiative banning heavy pesticide use.” Like the Oregon GMO labeling law, both initiatives were heavily outspent by opponents with much of the spending going towards misleading advertising. Opponents of GMO labeling claimed the measure would raise food costs by $100 annually where the real number is closer to $8, (and money well spent at either price). Proponents of toxic pesticide use warned voters that if the Josephine County measure passed hospitals would not be able to sterilize operating rooms and surgical utensils and veterinarians wouldn’t be able to prescribe flea and tic medicine for pets. None of which was true, of course, but this is an example of the kind of push back we can expect as we work to pass the The Coos County Right to Sustainable Energy Future Ordinance next May.

While every individual is endowed with a right to clean air and water, these rights are all too often superseded by federal and state regulatory agencies and even willingly relinquished by the people themselves in the false belief that environmental sacrifices must be made in the name of economic development. Be prepared for claims that the ordinance is anti-jobs and anti-economic development and voting for it will forgo the lavish prosperity they have so vociferously promised. Get ready for the pro-gas crowd and Veresen, Inc to cry foul and assert this ordinance violates the rights of its Canadian shareholders to make a profit in our community. Don’t be surprised when Veresen’s lawyers threaten to use our own US Constitution against us claiming even Canadian corporate persons have rights over local landowners.

For these reasons the following is included in the ordinance.

Section 6. Enforcement – Corporate Powers

(a) Corporations which violate this ordinance, or which seek to violate this ordinance, shall not be deemed “persons,” nor possess any other legal rights, privileges, powers, or protections which would interfere with the enforcement of rights enumerated by this ordinance. Such powers shall include the ability to assert federal or state preemptive law in an attempt to overturn this ordinance, and the ability to assert that the people of the county lack the authority to adopt this ordinance.

(b) Corporate claims to “regulatory takings” or “future lost profits” shall not be considered property interests under this ordinance, and thus, shall not be recoverable by corporations seeking those damages.

(c) All laws adopted by the legislature of the State of Oregon, rules adopted by any State agency, laws adopted by the United States Congress, and rules adopted by any federal or international agency, shall be the law of Coos County only to the extent that they do not violate the rights or prohibitions of this ordinance.

So what about that economic prosperity? During the recent campaign we heard a lot of talk from Commissioner John Sweet about Coos County’s dire economic indicators. Poverty levels, drop out rates, domestic abuse and drug abuse are all above the state averages, according to Sweet who avidly supports the Jordan Cove LNG project and the privatization of the property taxes derived from the proposed terminal. Based upon Sweet’s voting record as a commissioner along with his campaign statements, Jordan Cove is the county’s last and best hope to reduce the number of children requiring free lunches and the number of beaten wives.

Galveston from across the bay

Galveston from across the bay

If this is true, then based upon statistics from other communities with LNG terminals and gas and oil refineries Coos County kids and wives are in for a world of hurt.

Cheniere Energy’s Sabine Pass LNG is just 15 miles from Port Arthur, Texas and not too far down the coast is Galveston. Both communities are dominated by the fossil-fuel industry yet according to City-Data.com they suffer from higher poverty levels and unemployment, worse crime rates, higher rates of drug abuse than Coos County. To top it off, both communities are just plain ugly.

Just exactly what are our “leaders” aspiring to? Wim de Vriend’s excellent book, The JOB Messiahs, details decades of disastrous results born of repeatedly trying to solve our economic problems using the very same tactics that created them in the first place. Does the local economic development community really believe that Coos County can somehow beat the odds and not end up just like Boston, Galveston or Port Arthur which is surrounded by no less than five refineries and boasts a 25.9% poverty rate? Hell, 18.2% of Coos Bay residents live in poverty, isn’t that already bad enough?

(b) Right to Scenic and Recreational Preservation. All residents of Coos County possess a right to the preservation and enhancement of the scenic, historic and aesthetic values of the County, including unspoiled vistas and outdoor recreational opportunities, thereby improving the area’s appeal to tourists and future residents. That right shall include the right of the residents of the County to be free from activities which threaten scenic, historic, and aesthetic values as related to the construction, siting, or operation of non-sustainable energy systems.

(c) Rights of Natural Communities and Ecosystems to Thrive. Natural communities and ecosystems within Coos County, including but not limited to, forests, rivers, streams, wetlands, aquifers, near shore habitats, and intertidal zones possess the right to exist, flourish, and naturally evolve unaffected by the construction, siting, or operation of non-sustainable energy systems.

Between now and the May election we will be discussing the economic impacts in more detail as well as successful alternatives. For regular updates on our ordinance please like us on Facebook.