Category Archives: legal

Nature Not Our Golden Egg if We Kill the Goose

Do you think that the chief purpose of natural places and communities of the planet is for human transformation into more and more human stuff forever? Or do forests or coral reefs or estuaries have rights to legal protection (as much as now afforded to corporations)?

Communities not unlike Floyd County’s population are impacted today by coal ash storage ponds that will contaminate their aquifers; they live downstream from mountaintop coal mining; they suffer genetic deformities in their newborns because of toxic industrial waste abandoned by the industries that created them.

Citizens of Floyd County have recently faced the real threat of massive fracking-gas pipelines that will potentially be putting our neighboring counties and their citizens and properties at risk.

Do communities in Giles, Franklin, Floyd and Montgomery Counties have rights to prevent degradation of their water, soil, air and way of life — even if corporation-states blow off those human needs and rights as impediments to their profit?

We are at last acknowledging that, if our local ecosystems become unhealthy, the humans and non-human creatures that depend on those living systems will also become unwell.

If we know these kinds of abuses of people and planet are wrong, what is a community on the ground in the path of known or anticipated natural-system damage to do in the face of what seems to be an indifferent, omnipotent, un-stoppable corporatocracy?

These are not academic questions and thankfully, the solutions are not theoretical but real and available. Preserve Floyd is in the process of learning how to use these solutions for the common good in Floyd County and southwest Virginia in similar ways that locally-drafted ordinances have been used in 110 municipalities across the country.

The Community Environmental Legal Defense Fund will provide guidance and assistance as we craft a draft ordinance in support of ongoing health and justice for those in-common natural resources within our shared habitat of Floyd County–water, soil, forests and more.

Come learn more this Sunday , from 3 to 5 p.m., at the public meeting of Preserve Floyd: Citizens Preserving Floyd County. Location is the Junebug Center across from the Jacksonville Center on Route 8 just south of the town of Floyd towards the BR Parkway.

The Community Environmental Legal Defense Fund : Rights of Nature: Background

Pipeline Companies: NO Eminent Domain in KY

eminent_domain

The judge ruled that “the Bluegrass Pipeline doesn’t fall under the definition of “public service” stated in the law, and also doesn’t count as a common carrier”. From the opinion:

“Bluegrass is a private, for-profit unregulated entity engaging in the interstate transportation of NGLs. It is not acting ‘in public service,’ and therefore it falls outside the scope of KRS Chapter 278. The proposed pipeline transports NGLS through Kentucky, but does not have any impact on the energy needs of Kentuckians. Bluegrass argues that the pipeline will be available for Kentucky manufacturers and producers. However, the only stated purpose of the pipeline is to transport NGLs to the Gulf Coast to be processed and sold in Louisiana; not to provide natural gas to Kentuckians, but to have NGLs, a mixture of highly dangerous chemicals, running through Kentucky farmland and forests, and near rural communities.”

See also:

WKSU News: Bluegrass pipeline project through Ohio and beyond is cancelled