State & Federal Preemption

Arizona Journal of Environmental Law and Policy (AJELP): A Phoenix from the Ashes

"A Phoenix from the Ashes," an article about resurrecting a constitutional Right of Local, Community Self-Government in the name of environmental sustainability, was published in the Arizona Journal of Environmental Law and Policy (AJELP) back in January of 2018. More details and links below. CELDF’s Executive Director Thomas Linzey, Esq. and attorney Daniel E. Brannen, [...]

Contrived Defeat: How the Lafayette Council and Colorado Oil and Gas Association (COGA) Derailed the Most Powerful Ban on Fossil Fuels

This article by Cliff Willmeng originally appeared on the Willmeng for Grassroots Power webpage, May 26th, 2018. Since 2012 the Lafayette City Council has fought against any significant effort threatening to disrupt oil and gas drilling operations. This is demonstrated by the actions of politicians in Lafayette throughout the course of the ongoing campaign to [...]

Jefferson Public Radio: The City Council Member Who Fights Fracking

This 15 minute audio interview with Merrily Mazza and Kai Huschka aired on the Jefferson Exchange, and was posted on the Jefferson Public Radio's website, May 22, 2018. It can be listened to HERE. A brief commentary by Community Rights US Media Team member Curt Hubatch:  Cliff Willmeng once said of Merrily Mazza, his mother [...]

One West Virginia County Tried to Break Its Dependence on the Energy Industry. It Was Overruled.

After seeing the scars of coal, Fayette County banned the disposal of natural gas drilling waste. Industry fought back, arguing the community doesn’t get a say. This article by Ken Ward Jr. appeared in ProPublica on May 4th, 2018. FAYETTEVILLE, W.Va. — Matt Wender’s vision for Fayette County begins with the New River Gorge. Whitewater [...]

The Progressive: Across the U.S., Courts are Keeping Voter Initiatives Off Local Ballots

This article by Simon Davis-Cohen appeared in The Progressive, April 24th, 2018. A brief commentary by Community Rights US media team member Curt Hubatch: Let's not forget that we do have the right as The Sovereign to enact and enforce laws locally to protect our health, safety, and welfare. And, as this insightful article by [...]

Public Spaces and Local Democracy

This article by Jess Zimbabwe appeared in Cities Speak, April 20th, 2018. A brief commentary by Community Rights US media team Curt Hubatch: This article mentions there's "a surging nationwide preemption battle" that "is uniquely chilling local democracy." After reading this, and as I made my way through the rest of this article, I was [...]

CELDF Blog: The Gun Establishment’s Weapon of Choice

A Blog Posting by Thomas Linzey of the Community Environmental Legal Defense Fund, from April 14, 2018. A brief commentary by Community Rights US media team member Curt Hubatch: Allowing a few hands at the top to determine what our communities are going to look like for our children and grandchildren hasn't worked well up to this point. [...]

Targeting Austin’s sick-leave ordinance is part of a bigger war

This article by John Austin appeared in the Cleburne Times-Review, April 5th, 2018. A brief commentary by Curt Hubatch, Community Rights US media team member: Let's not forget one of the primary reasons why the American Independence movement declared their independence from the King of England: The King, it says in the Declaration of Independence, failed to [...]

The Progressive: Poll: Voters Want Local Control, Not State Takeovers

This article by Simon Davis-Cohen appeared in The Progressive, April 5th, 2018. The Republican Party and corporate-backed groups like the Koch-funded American Legislative Exchange Council have made “state preemption” of local political and economic powers a top priority for decades. Left-leaning electoral movements have been sluggish in their response. Despite Occupy and other mobilizations against [...]

Local View: Legislators looking to pre-empt locals on packaging, health, environment

This Op-Ed by Jamie Harvie appeared in the Duluth News Tribune, April 1st, 2018. Minnesota is nationally recognized for its reputation of good government and high voter participation. In that light, it is perplexing why state legislators would actively work to subvert our democratic process. Several bills — HF3814, SF3253, SF3135 and HF3606 — pending [...]

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