From Ryke: You are not alone! Thought you might find some inspiration in this piece by Lora Lucero… lasvegasoptic/content/another-perspective-revolution-spirit Another Perspective - A revolution of the spirit Sunday, July 21, 2013 at 2:33 pm (Updated: July 21, 3:21 pm) By Lora Lucero A global revolution is stirring. I’m not referring to the Occupy Movement, Tahrir Square in Cairo, Taksim Square in Istanbul, the 350.org climate actions or any of the other engaged and enraged protests. Although each is very important and connected, I’m talking about a revolution of the spirit. We are living in a truly remarkable time, both witnessing these changes and creating them. People are waking up to our destructive path and connecting the dots. It’s no coincidence that climate change, environmental destruction, social and economic injustices, corporate greed and the malfeasance of the “One Percent” are bringing people out into the streets by the millions. The widening gulf between our ideals and our reality demands action! Government has proven incapable of steering us onto a sustainable path because it is captive to the corporate elite whose bottom line is profits, not people, and so people are fighting back. That fight is occurring today in Mora County and the City of Las Vegas through the community rights ordinances that ban oil and gas development. People are standing up and demanding change; unfortunately, the change they are advocating is not one I can support. The harms associated with oil and gas development have been well documented. New York, New Jersey and Maryland have imposed moratoria on oil and gas development pending study and reforms. There are rapid regulatory changes underfoot in many states and significant differences in their approaches. Local governments in at least eight states have also instituted bans or moratoria. Only an insentient creature would not know the serious hazards and risks. Out of frustration with, and perhaps disdain for, the traditional land use regulatory system, the CRO proponents have forged a radically new operating system which turns our Constitution topsy turvy. They believe the cards in our current system of federalism are stacked against them, and so they want to reshuffle the deck. It’s not hyperbole to say that the CROs in Mora County and the City of Las Vegas castrate the Supremacy Clause and preemption doctrine in our Constitution. Courts have not been shy about overturning these types of ordinances and, undoubtedly, the New Mexico CROs will be overturned too. The tension between the federal, state and local governments has been part of our grand experiment in democracy since our founding, and continues to the present. Just witness the implementation of the Affordable Care Act, the medical marijuana laws, and privacy issues connected with domestic use of drones, to name a few. Our system of Federalism may not be perfect, but these CROs are not the solution. Written by a law firm in Pennsylvania, these CROs remind me of the Sagebrush Rebellion in the late 1970s/early 1980s when western states were demanding control of federal public lands. The Sagebrush rebels (Ronald Reagan declared himself one!) wanted to change the land use decision-making arena to one they felt would be more favorable to their interests. Their focus was on states’ rights. The Wise Use Movement followed in the late 1980s with the Catron County ordinance, drafted by an attorney from Wyoming, and subsequently adopted by over 40 counties in the West. These “custom and culture” ordinances wanted to make it difficult to enforce federal and state environmental laws at the local level by giving the county sheriff the power to arrest BLM and Forest Service employees and fine them $1000 if they enforced any federal laws without county permission. This was anti-environmentalism at its extreme. Both movements fomented a lot of anger and passion but, fortunately, ended up in the dust bin of history. The community rights ordinances are similar to these earlier movements because they purport to eviscerate the Supremacy Clause and preemption doctrine. While I share the proponents’ goals — to protect the water and natural ecosystems from the destructive activities associated with oil and gas development — their method couldn’t be further from the democracy that I cherish. San Miguel County is currently drafting oil and gas development regulations which likely will be similar to Santa Fe County’s regulations. These examples push the regulatory envelope and empower local governments in the land- use arena, while the CROs expose strapped local governments to years of litigation and financial devastation. The CRO proponents have tapped into something wonderful, a populist energy and enthusiasm for reform. I hope it can be redirected to constructive purposes. We need to get money out of politics (public financing); we need to overturn the 2010 Citizens United decision (constitutional amendment); we need to empower those who are disenfranchised (voting access); we need greater transparency and accountability in the halls of power; we need to strengthen New Mexico laws that regulate oil and gas (i.e., requirements for pre-drilling water well testing found in eight states); we need to empower local governments to implement their comprehensive plans (enact a consistency doctrine in state law); we need to strengthen zoning regulations to protect our communities from the adverse impacts of oil and gas development; and the list goes on and on. Dear Mora County and City of Las Vegas citizens: Please don’t secede from New Mexico or the United States, as your CROs seem to require. There is a lot of work that needs to be done. We need your energy and enthusiasm in this revolution of the spirit. Lora Lucero is a land use attorney and city planner who lives in Albuquerque. In the mid-1990s, she assisted Mora County in drafting its first Comprehensive Land Use Plan and land use regulations. She may be reached atLoraLucero@aolFolk
Posted on: Tue, 30 Jul 2013 16:25:47 +0000
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