Resurrecting a Constitutional Right of Local, Community Self-Government in the Name of Environmental Sustainability

By By Thomas Linzey & Daniel E. Brannen Jr.

Published by Arizona Journal of Environmental Law & Policy

This article began as a series of legal briefs filed in various federal courts in defense of several municipal communities who had asserted their local legislative authority to prohibit a variety of harmful corporate projects. As such, the authors wish to acknowledge and extend appreciation to several contributors, including Richard L. Grossman, Ben G. Price, Elizabeth Dunne, Esq., Lindsey Schromen-Wawrin, Esq., Natalie Long, Esq., and the staff of the Community Environmental Legal Defense Fund.

 

This is an excellent primer on the Community Rights movement and more specifically the philosophy, history and legal arguments behind Rights of Nature. Check out the Outline below or read the full article HERE:

I. Environmental degradation and local democracy: the necessity of a constitutional right of local, community self-government.

II. Local, community self-government as the foundation of the American system of constitutional law.

  • A. Local, community self-government was the foundation of the early American colonies.
  • B. Local, community self-government is the foundation of American constitutional law.
  • C. Denial of the right of local, community self-government was the primary cause of the American Revolutionary War.
  • D. Local, community self-government is the foundation of the American Declaration of Independence.
  • E. State constitutions secure the right of local, community self-government to the people of all municipalities in their states.
  • F. The U.S. Constitution secures the right of local, community self-government to the people of all municipalities in the United States.

III. State supreme courts have recognized and enforced the right of local, community self-government.

IV. Corporate constitutional “rights,” Dillon’s Rule, and ceiling preemption all unconstitutionally infringe the people’s right of local, community self-government.

  • A. Corporate constitutional “rights” infringe the people’s right of local, community self-government.
  • B. Corporate constitutional “rights” are not necessary to a compelling governmental interest.
  • C. Dillon’s Rule unconstitutionally infringes the people’s right of local, community self-government.
  • D. The doctrine of preemption – when applied to set a ceiling, rather than a floor, for local lawmaking standards – unconstitutionally infringes the people’s right of local, community self-government.

V. Conclusion: The contours of a contemporary right of local, community self-government.

Read the full article HERE.