State & Federal Preemption

Daily Local News: Rep. Otten seeks to amend Pa. constitution for local self-government

The news story by the Media News Group appeared in the Daily Local News on October 4th, 2019. EXTON — State Rep. Danielle Friel Otten, D-155th Dist., has announced a proposal for an amendment to the Pennsylvania constitution. Otten’s amendment, H.B. 1813, would allow municipal governments to enact laws protecting the health and safety of [...]

Media Statement: Court Issues Decision on Two Year Aerial Pesticides Ban in Lincoln County, Oregon

Judge rules on behalf of corporations; disregards community’s right to local self-government & healthy environment This media statement was released by the Community Environmental Legal Defense Fund on October 2nd, 2019. On May 2017, Lincoln County, Oregon, voters adopted the Freedom from Aerial Sprayed Pesticides ordinance. The first-in-the-state law recognizes residents’ rights to clean air, water, and [...]

TruthOut: Legislators’ Secretive Maneuvers Undermine Rights of Nature in Ohio

This Op-Ed by Lisa Kochheiser was published in TruthOut on September 17, 2019. For weeks, a legislator’s identity was kept secret by the Ohio General Assembly. When constituents asked who inserted language denying the rights of nature into the 2020-2021 House budget bill, their elected representatives simply shrugged their shoulders and told those of us [...]

Chad Nicholson: The Limits to Home Rule

This editorial by Chad Nicholson was published in Penn Live on August 21, 2019. Recently, the Pennsylvania State Legislature undermined the discretion of Philadelphia District Attorney Larry Krasner. In July language was slipped into the state budget to give the office of Pennsylvania Attorney General Josh Shapiro powers to circumvent Krasner’s discretion in prosecuting gun laws. Backlash [...]

Press Release: Democracy Challenged in Williams County, Petitioners Appeal to Ohio Supreme Court Again

Court battle over rights for Michindoh Aquifer ballot initiative heads to Ohio Supreme Court.  The press release by the Community Environmental Legal Defense Fund was published on August 21st, 2019. BRYAN, OH: Officials from Williams County are stonewalling a proposed Community Rights county ballot initiative that would prevent corporate privatization of the Michindoh Aquifer, the sole [...]

Media Statement: Lake Erie Bill of Rights Court Case Heats Up as Algae Bloom Grows

A new motion from the City of Toledo cites ‘fatal’ flaws in the corporate lawsuit against LEBOR. Petitioners file amicus brief supporting the City This media release was published by the Community Environmental Legal Defense Fund on August 13th, 2019. TOLEDO, OH: The City of Toledo has exposed serious errors and misrepresentations in Drewes Farms Partnership’s [...]

Bryan Times: Forum: [Williams] County Charter Being Stonewalled

This letter to the editor by Staci Stevens was published in the Bryan Times (an Ohio newspaper) and on the Community Environmental Legal Defense Fund's website on August 12th, 2019. The Bryan Times, The past few weeks I’ve heard some blowback on the charter that was proposed for the fall ballot in Williams County. The [...]

Next City: Can Cities Grant Nature the Right to Exist, and Thrive?

From preventing toxic algae blooms to banning aerial pesticide spraying, the fight for local control over environmental decisions elevates the rights of nature as a key step in the larger community rights movement. This article by Valerie Vande Panne appeared in Next City on August 12, 2019. I've been following articles and news updates on [...]

#202 | The Match Has Been Struck: Environmental Law & Questioning Unquestioned Beliefs w/ Will Falk

Patrick Farnsworth interviews Will Falk about his newly released book "How Dams Fall" and other essential Community Rights topics on his Last Born in the Wilderness podcast. It was published on July 29th, 2019. Below is the description of the interview. In this episode I speak with lawyer and radical environmental activist Will Falk. In [...]

Truthout: States Are Thwarting Cities’ Attempts to Govern Themselves

A recent federal court ruling in favor of a cellphone radiation disclosure law for the City of Berkeley highlights the tug-of-war between states and municipalities as state lawmakers increasingly block local democracy for the benefit of corporations. This article by Ben Price was published on Truthout July 31st, 2019. In 2015, the City of Berkeley, [...]

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