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View Diary: NC Republicans shill for industry in bill that would jail anyone who discloses fracking chemicals (129 comments)

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  •  Some communities in New York State are using (9+ / 0-)

    "home rule" provisions to pass anti-fracking ordinances.  Apparently some lawyer read up in Cornell's law library for a year or so, and then helped them draft the ordinances.  The fracking companies hate it, but the ordinances have mostly been ruled legal (or thrown out due to minor errors).

    © cai Visit 350.org to join the fight against global warming.

    by cai on Mon May 19, 2014 at 03:44:26 PM PDT

    [ Parent ]

    •  Your State must have home rule to try this (4+ / 0-)

      Don't let me oversimplify, but isn't "home rule" a state constitutional question? Some states allow home rule, some don't, where local laws can be more stringent, though never less so, than state rules.

      In Georgia, localities can have environmental restrictions tighter than state minimums. Rare they do--it's a dumb state. These local laws can include zoning laws, pollution laws, etc.

      The legislature can and does pre-empt these smarter local rules, often following ALEC. On issues like new statewide cell tower siting rules which weaken local control, "ag gag" laws, allowing gun ranges everywhere, and pesticides, to name a few. (In Georgia, the state can come on your property and pesticide treat it and charge you, if they define some threat to forestry, for instance. (see: GA O.C.G.A. § 12-6-16, Control of tree diseases and insect infestation). So much for the sanctity of private property.

      Alabama on the other hand, has no state home rule provisions for siting facilities, or the option of more stringent "home rule" for protecting your land and community at the local level. It's all decided or "permitted" miles away in Montgomery, by people not in the community. Called politicians, these people are solely influenced by money brought to them, not by anyone affected by what they decide on paper that affects places they are not connected to.

      Right now, several AL communities are threatened and being sued by sham wind power projects, though Alabama has no real wind resource. (see No Wind Alabama, www.nowindal.com/). These projects are tax credit engines for the developers, not energy producers, and will wipe out nature, birds, and viewsheds. One is proposed on the edge or the Talledega National Forest, on Turkey Heaven Mountain. Goodbye gobblers. Alabama also has fracking oil fires (Bakken bombs on rail cars) from tank car wrecks headed for crude refinery in Mobile or Tuscaloosa.

      AL and MS have jointly agreed for the states to pursue a potential oil/gas field in NW AL, NE MS. (see: http://www.foodandwaterwatch.org/...). Fracking will go easy there--there is no legal potential for "home rule" control without new state enabling legislation.

      Georgia has "fracking exploration wells" drilled near Dalton, Georgia, likely not really looking for gas, just drilling holes to pour toxic chemicals into for cheap, no liability disposal. We are all at risk of that sham, thanks to Dick Cheney and the Halliburton rule.

      It's a grim picture in these rural, less literate states. But, stocks are up…I suppose we can all eat and drink our portfolios.

      •  IL is a home rule state (3+ / 0-)
        Recommended by:
        NoMoreLies, Meteor Blades, StrayCat

        It would be interesting to see if that's a way to attack the recent fracking law that IL passed.

        IL Constitution: Article 7

        SECTION 6. POWERS OF HOME RULE UNITS
            (a)  A County which has a chief executive officer elected
        by the electors of the county and any municipality which has
        a population of more than 25,000 are home rule units. Other
        municipalities may elect by referendum to become home rule
        units. Except as limited by this Section, a home rule unit
        may exercise any power and perform any function pertaining to
        its government and affairs including, but not limited to, *the
        power to regulate for the protection of the public health,
        safety, *
        morals and welfare; to license; to tax; and to incur
        debt.
        Emphasis mine.

        -7.75 -4.67

        "Freedom's just another word for nothing left to lose."

        There are no Christians in foxholes.

        by Odysseus on Mon May 19, 2014 at 05:12:41 PM PDT

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