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Coming this Month…

Originally posted on communityrightslanecounty.org :

We have a lot of great presentations coming your way, and did I hear someone say Campaign? Don’t miss this month’s Community Rights Action as we have so many things to talk about. And we just can’t get enough of Chuck Willer! We are also thrilled to have Evaggelos Vallianatos, author of Poison Spring: The Secret History of Pollution and the EPA, speaking not only on our PIELC panel, but several times along the coast! Don’t miss the action!

But First…

Thursday Feb. 15th
7:00pm

Lillis Hall 182
UO Campus

 

 


And then…

 

We’re due to hear from the judge any day now. We’ll be discussing the possibility of running a successful campaign.

 

 

 


And one more time…

He’s educating citizens on a different aspect of forestry, one that is very tied to aerial spraying. Don’t miss another chance to see the Director of the Coast Range Association…

Chuck Willer in Cottage Grove
WHEN: Tuesday, Feb. 27th @7pm
WHERE: The Healing Matrix

The post Coming this Month… appeared first on Community Rights Lane County.

CRLC at PIELC

Originally posted on communityrightslanecounty.org :

We’ve got a panel at this year’s Public Interest Environmental Law Conference! There’s also a Rights of Nature panel – don’t miss out!

The art of chemical warfare: Oregon community democracy vs. industrial timber and state government in the battle to end aerial spraying 

Friday, March 2 – 3:50 p.m.-5:05 p.m.
Law room 142.
Sponsored by Community Rights Lane County

The aerial spraying of toxic pesticides is part of Oregon’s logging legacy. This panel will discuss the challenges communities have faced in their efforts to protect people and ecosystems from aerial spraying, as well as the state’s role in providing legal protection.

From Carol Van Strum’s efforts against the federal government in the 80s and the widespread corruption in the EPA, to the community rights movement of the last five years, the panel will discuss the ups and downs of the battle to abolish aerial spraying. Panelists will highlight the lengths that corporations and government have taken to stop local democracy.

Panelists:

  • Rio Davidson – Lincoln County Community Rights
  • TBA member of Community Rights Lane County
  • Evaggelos Vallianatos EPA whistle blower and author of Poison Spring
  • Carol Van Strum author of Bitter Fog and chief person behind the Poison Papers

Nature has Rights: The Right to Exist, Evolve, and Flourish

Sunday, March 4th, 9:00 am to 10:15 am
Many Nations Longhouse
Sponsored by RoN-Community Rights Lane County and Oregon Community Rights Network
Does a wolf have a right to survive because it runs, breathes, and values its family (the pack)? Does a forest have a right to exist, thrive, and flourish solely because it is a living entity? Does nature have rights? According to our political and legal systems, it does not.
Laws and governments were not designed to recognize or respect the natural world. Rather they define it as property to be extracted and consumed for profit. That is at the heart of the damage being done to our planet, and until it changes, any idea of protecting Mother Earth is an illusion.
Fortunately, Rights of Nature are starting to be acknowledged and enacted as law. From Ecuador to the United States, to Nepal, and New Zealand; Tribal nations, communities, activists, indigenous peoples, and governments throughout the world are advancing Rights of Nature initiatives.
This panel will talk about the Rights of Nature and what’s being done to get our political and economic systems to recognize them.
Panelists:

The post CRLC at PIELC appeared first on Community Rights Lane County.

Community Rights at PIELC 2018

We’re excited to have two different community rights panels at the Public Interest Environmental Law Conference this year!

Nature has Rights: The Right to Exist, Evolve, and Flourish

Sunday, March 4th, 9:00 am to 10:15 am
Many Nations Longhouse
Sponsored by Community Rights Lane County and Oregon Community Rights Network
Does a wolf have a right to survive because it runs, breathes, and values its family (the pack)? Does a forest have a right to exist, thrive, and flourish solely because it is a living entity? Does nature have rights? According to our political and legal systems, it does not.
Laws and governments were not designed to recognize or respect the natural world. Rather they define it as property to be extracted and consumed for profit. That is at the heart of the damage being done to our planet, and until it changes, any idea of protecting Mother Earth is an illusion.
Fortunately, Rights of Nature are starting to be acknowledged and enacted as law. From Ecuador to the United States, to Nepal, and New Zealand; Tribal nations, communities, activists, indigenous peoples, and governments throughout the world are advancing Rights of Nature initiatives.
This panel will talk about the Rights of Nature and what’s being done to get our political and economic systems to recognize them.
Panelists:

Mari will focus on Rights of Nature (RoN) from a global/international level. She will explain why RoN is needed, and what efforts have been taking place globally to make it a reality. This will include laws and legal challenges.

Craig will also discuss Rights of Nature (RoN) from an international/global perspective. He will describe the patterns that can be observed from looking at what has been successful and what has not. This can be used as a guide to enable Rights of Nature locally and globally.

John will discuss Rights of Nature (RoN) from a local perspective. He will describe what is being done in Lane Co, throughout the state of Oregon, and elsewhere. And how this relates to the global efforts.

The art of chemical warfare: Oregon community democracy vs. industrial timber and state government in the battle to end aerial spraying 

Friday, March 2 – 3:50 p.m.-5:05 p.m.
Law room 142.
Sponsored by Community Rights Lane County

The aerial spraying of toxic pesticides is part of Oregon’s logging legacy. This panel will discuss the challenges communities have faced in their efforts to protect people and ecosystems from aerial spraying, as well as the state’s role in providing legal protection.

From Carol Van Strum’s efforts against the federal government in the 80s and the widespread corruption in the EPA, to the community rights movement of the last five years, the panel will discuss the ups and downs of the battle to abolish aerial spraying. Panelists will highlight the lengths that corporations and government have taken to stop local democracy.

Panelists:

  • Rio Davidson – Lincoln County Community Rights
  • TBA member of Community Rights Lane County
  • Evaggelos Vallianatos EPA whistle blower and author of Poison Spring
  • Carol Van Strum author of Bitter Fog and chief person behind the Poison Papers

Coos Bay Estuary Informs FERC that Terminal and Pipeline Would Violate Its Rights

October 26, 2017

FOR IMMEDIATE RELEASE

Media Contact: Mary Geddry – 541-551-1492

[email protected]

Coos Bay

BANDON, OR – Yesterday evening the Coos Bay Estuary filed a motion to intervene in the FERC proceedings to permit Jordan Cove Energy Partners an export terminal at Jordan Cove along with the accompanying Pacific Connector Gas Pipeline.

 

In the intervention filing, submitted by Coos Commons Protection Council on behalf of the estuary, the estuary describes itself as, “an ecosystem made up of a deeply diverse and interdependent community of birds, aquatic plants, fish, shellfish, oysters, insects, and humans.  For millions of years I have served as what your EPA considers a nursery of the sea where salmon and waterfowl breed and oysters filter out sediments and pollutants from the watersheds that feed me. Waters made clean and healthy from the work of natural communities connected to me, help to feed marine life in the ocean.” The estuary finishes its comments to FERC by saying, “The authorization of this project would be unlawful, unethical, poisonous and destructive.”

The full text of the Coos Bay Estuary intervention can be found here:

The main point made by the estuary is to remind the Federal Regulatory Energy Commission (FERC) that nature has rights and that human activity, especially corporate fossil fuel activity, has been in violation of the rights of nature. The claim is not merely a statement of right but one of which has been increasingly recognized as legally to be protected:

  • In 2008, the country of Ecuador amended its national constitution to establish the rights of ecosystems within the country to exist, regenerate, evolve, and be restored.
  • On July 27, 2014, Te Urewera, an 821-square mile area of New Zealand, was designated as a legal entity with “[A]ll the rights, powers, duties and liabilities of a legal person.”
  • In November of 2016, Colombia’s Constitutional Court found that the Atrato River, including its tributaries and watershed, is “an entity subject to rights to protection, conservation, maintenance and restoration.”

that human populations are those that are interdependent on the natural world – not the other way around- and that they must assume the consequences of their actions and omissions in relation to nature. It’s about understanding this new socio-political reality with the aim of achieving a respectful transformation with the natural world and its environment, just as has happened before with civil and political rights…economic, social and cultural rights…and environmental rights…Const. Ct. of Colombia

  • On March 20, 2017, the High Court of Uttarakhand at Nainital, in the State of Uttarakhand in northern India, issued a ruling declaring that the Ganges and Yamuna Rivers are “legal persons/living persons.”
  • In September 2017 a lawsuit was filed on behalf of the Colorado River against the State of Colorado for violating its rights due to pollution, climate change, and excessive water withdrawal.
  • Over three dozen municipalities within the United States, including the City of Pittsburgh, have adopted municipal laws recognizing the legally enforceable rights of ecosystems and nature, and the authority of municipal residents to bring suits in the name of individual ecosystems

More countries and municipalities are working towards securing nature’s right to exist, persist, flourish, and naturally evolve, which not only brings with it the right of legal standing, but also the full effect of the law to defend rights before the courts when violations occur.

“For millions of years the Coos Bay Estuary has provided habitat, food and shelter to the Southern Oregon coast,” said Mary Geddry. “The estuary deserves the same standing in these proceedings as inanimate objects like corporations.”

This filing precipitates the first US Rights of Nature Symposium being held at Tulane University School of Law, New Orleans, LA. The symposium brings together key leaders in the Rights of Nature movement – from Ecuador, Nepal, the United States, and other countries, as well as from local communities and tribal nations. The symposium’s promotion says this about the event, “Communities, people, and even governments are recognizing that there is a need to make a fundamental shift in humankind’s relationship with the natural world by placing the highest protections on nature through the recognition of legal rights.”

More information about the symposium and access to the live stream found here: https://celdf.org/rights-nature-symposium/

 

 

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Lincoln County will have to wait for a decision on the legality of Measure 21-177

Originally posted on lincolncountycommunityrights.org :

 

 

 

 

Kboo Radio Story around the Court Hearing on OCT. 9th

KLCC Story
Capital Press Story
Capital Press: http://ift.tt/2yALCa7

Lincoln County will have to wait for a decision on the legality of Measure 21-177

October 11, 2017

Contact:

Media Contacts
Maria Sause Rio Davidson
[email protected] [email protected]
541 574 2961; cell 541 961 6385 cell 541 961 5606

Newport, Oregon: On Monday, October 9th, Judge Sheryl Bachart heard from the parties in the lawsuit Rex Capri and Wakefield Farms, LLC vs. Dana W. Jenkins and Lincoln County, and intervenor-defendants Lincoln County Community Rights. The lawsuit was filed in response to the ban on aerial pesticide spraying imposed by the vote of the people on May 16, 2017. During yesterday’s hearing, and after delivering their arguments, the parties asked for a Summary Judgment from Judge Backart in a courtroom packed by attending public.

Lincoln County Community Rights, Intervenor-defendants, held a rally at the intersection of Highway 101 and Highway 20. LCCR was supported by a crowd of over 30 people, who waved signs at passing vehicles calling out the issues that motivated Measure 21-177, among them the harm done by aerial pesticide spraying to people and ecosystems, the injustice of laws drafted by corporations for approval by our legislature which make it illegal for the people to protect their health and safety more stringently than the state’s regulations allow. This is known as State preemption. “Preemption laws are emblematic of the “top-down” hierarchical, authoritarian control preferred by corporations. Rather than have to contend with thousands of town and counties, the corporations need only seduce state and federal legislators who are always on the prowl for campaign cash,” said LCCR member John Colman-Pinning. LCCR members also called for better protection of our ecosystems and for recognition of the Rights of Nature. Honking horns saluted the sign waivers.

Attorney for Plaintiffs, Gregory A. Chaimov, argued for full annulment of Measure 21-177, on the grounds that it is preempted by state legislation, which declares that pesticide regulation is the exclusive province of the state and are more powerful than the right of the people to make law that advances greater protections for health and safety.

Lincoln County, represented by County Counsel Wayne Belmont, although defending only a small portion of the ban on aerial pesticide spraying as applying to county property and to land located within urban growth boundaries, did say that the people’s right to bring new law forward through the initiative process needs to be protected. In his argument, Wayne Belmont favored salvaging portions of Measure 21-177 and asked for advice from the judge in doing that. The judge can comment on the ordinance, but cannot add language to it or subtract language from it.

Attorney for Intervenor-Defendants Lincoln County Community Rights, Ann Kneeland, raised the argument to the high moral ground where it belongs by bringing in the language of the Declaration of Independence (recognized as an organic law of the United States and part of the United States Code), and of Section 1, Article 1 of the Constitution of the State of Oregon. Both documents refer to the people’s inherent right to local community self-government in matters that pertain to their fundamental rights, listed in each. They also refer to the government power that is inherent to the people, and to their right to change that government when it fails to protect their fundamental rights. She also referred to the power to influence legislation which corporations have acquired through the Supreme Court ruling that “money is speech”, exposing where our government is failing us by allowing our legislatures to be influenced by the profit interests of corporations, although there is no law that states that they can do this.

Judge Bachart did not issue a final ruling on the lawsuit questioning the legality of Measure 21-177 and will take the time she needs to review all arguments and reach her decision. That time may or may not come until the beginning of next year. To see all of the filed court documents please visit http://ift.tt/2xS3oSJ.

ABOUT LINCOLN COUNTY COMMUNITY RIGHTS
Lincoln County Community Rights is a public benefit organization that seeks to educate and empower people to exercise their right of local community self-government in matters that pertain to their fundamental rights, their natural environment, their quality of life, their health and their safety. Given the harms that people and ecosystems suffer from the practice of aerial spraying of industrial forest land with pesticides, the group drafted an ordinance to ban aerial pesticide spraying in Lincoln County, Oregon. Measure 21-177 was adopted by voters in May 2017, making Lincoln County the first county in the United States to ban aerial pesticide spraying through the vote of the people. http://ift.tt/1QBRYoT

Press info

 

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