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Corporate Rights Trump Democracy in Ohio Fracking Fight
Corporate Rights Trump Democracy in Ohio Fracking Fight
by Ben Price, Community Environmental Legal Defense Fund
EcoWatch
8/24/15
People who oppose having their communities transformed into corporate resource colonies are familiar with the Halliburton Loophole, a secretly drafted edict that places the oil and gas industries above the law, exempting them and no one else from obeying the clean water act, the clean air act, the safe water drinking act, and others.
Now, Ohio Sec. of State Jon Husted has unilaterally placed those same corporations above the Ohio State Constitution.
On Aug. 13, Husted declared that the people’s right to change their government, ensconced since 1851 in Article 1, Section 2 of the Ohio Constitution, is null and void when it interferes with the profit interests of these industries.
Under that Section’s title “Right to alter, reform, or abolish government, and repeal special privileges,” Ohio’s highest law declares:
All political power is inherent in the people. Government is instituted for their equal protection and benefit, and they have the right to alter, reform, or abolish the same, whenever they may deem it necessary; and no special privileges or immunities shall ever be granted, that may not be altered, revoked, or repealed by the general assembly.
Clearly, the general assembly has no intention to subordinate the special privileges of giant energy corporations to the right of the people to govern in their own communities. And when citizens, in whom “all political power is inherent,” attempt to alter their county governments by asking the voters to consider a home rule style of government, the state, represented by Husted, steps in to block them from exercising that right.
....snip...
Not to be outdone, corporate players and their social representatives entered friend of the court briefs, arguing that expanding democratic rights for all would interfere with their “right” to make money in those people’s communities, with or without their consent. The American Petroleum Institute, Ohio Oil and Gas Association and Ohio Chamber of Commerce all weighed in against democracy....
full story~
http://ecowatch.com/2015/08/24/ohio-fracking-fight/
by Ben Price, Community Environmental Legal Defense Fund
EcoWatch
8/24/15
People who oppose having their communities transformed into corporate resource colonies are familiar with the Halliburton Loophole, a secretly drafted edict that places the oil and gas industries above the law, exempting them and no one else from obeying the clean water act, the clean air act, the safe water drinking act, and others.
Now, Ohio Sec. of State Jon Husted has unilaterally placed those same corporations above the Ohio State Constitution.
On Aug. 13, Husted declared that the people’s right to change their government, ensconced since 1851 in Article 1, Section 2 of the Ohio Constitution, is null and void when it interferes with the profit interests of these industries.
Under that Section’s title “Right to alter, reform, or abolish government, and repeal special privileges,” Ohio’s highest law declares:
All political power is inherent in the people. Government is instituted for their equal protection and benefit, and they have the right to alter, reform, or abolish the same, whenever they may deem it necessary; and no special privileges or immunities shall ever be granted, that may not be altered, revoked, or repealed by the general assembly.
Clearly, the general assembly has no intention to subordinate the special privileges of giant energy corporations to the right of the people to govern in their own communities. And when citizens, in whom “all political power is inherent,” attempt to alter their county governments by asking the voters to consider a home rule style of government, the state, represented by Husted, steps in to block them from exercising that right.
....snip...
Not to be outdone, corporate players and their social representatives entered friend of the court briefs, arguing that expanding democratic rights for all would interfere with their “right” to make money in those people’s communities, with or without their consent. The American Petroleum Institute, Ohio Oil and Gas Association and Ohio Chamber of Commerce all weighed in against democracy....
full story~
http://ecowatch.com/2015/08/24/ohio-fracking-fight/
In case you missed this in the news, 3 Ohio communities democratically voted to ban fracking in their communities, and the Ohio "supreme" court ruled the bans "unconstitutional"~
...Justice Judith French’s majority opinion, however, found that Ohio law — which gives the state the “sole and exclusive authority to regulate” oil and gas wells — preempts local regulation of fracking. The court ruled broadly that Ohio’s home rule amendment “does not allow a municipality to discriminate against, unfairly impede, or obstruct oil and gas activities” that state law permits. In a concurrence, Justice Terrence O’Donnell emphasized “the limited scope of our decision.”
Not every justice was thrilled with the ruling. In his dissent, Justice Bill O’Neill wrote that he was particularly troubled by the impact campaign contributions from oil and gas industry on the court’s decision.
“Let’s be clear here,” Justice O’Neill wrote. “What the drilling industry has bought and paid for in campaign contributions they shall receive.
The oil and gas industry has gotten its way, and local control of drilling-location decisions has been unceremoniously taken away from the citizens of Ohio.”
The author of the (majority) opinion, Justice French, received tens of thousands of dollars in campaign contributions from fracking companies last year....
http://thinkprogress.org/climate/2015/02/19/3624553/ohio-supreme-court-fracking-ban-ruling/
Not every justice was thrilled with the ruling. In his dissent, Justice Bill O’Neill wrote that he was particularly troubled by the impact campaign contributions from oil and gas industry on the court’s decision.
“Let’s be clear here,” Justice O’Neill wrote. “What the drilling industry has bought and paid for in campaign contributions they shall receive.
The oil and gas industry has gotten its way, and local control of drilling-location decisions has been unceremoniously taken away from the citizens of Ohio.”
The author of the (majority) opinion, Justice French, received tens of thousands of dollars in campaign contributions from fracking companies last year....
http://thinkprogress.org/climate/2015/02/19/3624553/ohio-supreme-court-fracking-ban-ruling/
I voted for Justice O'Neill, from a list of justices to vote for provided by our Democratic Party...too bad we don't have more like him.
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