To the Editor:
The earth is alive and sacred.
How can this be honored in the way we build our world? In our urban planning and design?
And what do we do when it is clearly not being honored?
Our legislative system currently gives us- the people - no leg to stand on when corporations come along with projects that follow a doomed narrative: Our earth is a resource to be used.
All-too-often this use becomes abuse because of disregard to our earth’s life and sacredness. And when that happens? We the people are unfortunately left feeling powerless in stopping or changing the narrative these projects perpetuate, regardless of the extent to which they may harm the health of ecosystems and communities.
But we are not powerless.
One purpose of the Right to a Healthy Climate ordinance, passed by Exeter residents this past march, is to assert the legislative power we as communities actually have. As the ordinance states: “This right of self-government, as stated in the Declaration of Independence, is natural, fundamental, and unalienable. It is also secured to us by the U.S. Constitution and the Constitution of the State of New Hampshire.”
What Exeter residents have done is created a local law that enables us to stop or change projects which will clearly do more harm than good to our ecosystems and our communities. Now, our town officials are more empowered in how they represent Exeter and look after its short and longterm well-being. Now, we may better elevate the narrative of a brighter future: The earth is alive and sacred.
Nov 15, 2019
Don't give up the fight!
For those of you who are, like me, lifelong humane activists, I would like to say thank you for caring enough to grow democracy to save our nation from the Wall Street Empire. We shall overcome someday.
Bob Marley wrote a song that says, “Get up, stand up for your rights, don’t give up the fight!”
While we democracy activists are maybe 3 million Americans who have not given up the fight, that’s only 1 percent of the people, and we cannot overcome the richest 1 percent who are the ruling elite without more of the 98 percent “silent majority” getting informed and involved. Being a patriot means more than waving the flag on July 4th!
Real democracy involves people in every town getting involved and empowered, and that’s what the NH Community Rights Network advocates for! Residents must act locally to protect their health, safety and welfare, and defend their water, land and air from corporate polluters who are poisoning our children and destroying Mother Earth! For more info, go to nhcommunityrights.org.
Is there a presidential candidate who will walk the walk and endorse community rights? Our elected “leaders” must work with We the People to oppose harmful corporate activities like the Granite Bridge Pipeline, Northern Pass, dredging of Great Bay and the contamination of our groundwater. If the people lead, the leaders have to follow — don’t give up the fight for democracy!
Peter A. White, treasurer
NH Community Rights Network and Nottingham Water Alliance
Oct 9, 2019 Updated Oct 9, 2019To The Daily Sun,
Mindsets are evolving to understand our place in nature as embraced by the indigenous people of the land we occupy. The catastrophic consequences of nature existing as “property” under the law have propelled communities around the world to take action to assert the rights of the natural world. And the outcry of youth in recent months illustrates the imperative that each of us takes action now.
The Community Rights movement has established the rights of nature from Lake Erie to Nottingham’s groundwater to Colombia’s Atrato River to New Zealand’s Whanganui River. Uganda, Bolivia and Ecuador have national laws establishing the rights of nature.
Recently dozens of people were arrested in protest of the environmental degradation caused by emissions from the Bow power plant, demanding that it be shut down. Residents of Bow and the towns downstream and downwind from the coal-burning plant have the power to assert the rights of the natural world that sustains them. Those communities could work with the New Hampshire Community Rights Network (NHCRN) to assert the people’s right to clean water, air, and soil and local self-government. By passing rights-based ordinances that recognize, secure, and protect community rights, as a dozen New Hampshire towns have done, they could prohibit state-sanctioned harms inflicted upon families and natural environments.
Communities facing the Granite Bridge Pipeline and storage facility also have cause for considering rights-based ordinances that challenge the legal system which treats nature as property to be exploited at the expense of the survivability of humans and nature.
We need to protect ourselves and future generations at the local level. Attempts to preserve the environment with state regulations that suppress local solutions have only slowed environmental degradation to the point of unsustainability.
To solve the problems we face, people need to be able to use their local lawmaking process to determine local standards that build upon state standards and reflect the unique views, values and needs of our human and natural communities. Contact NHCRN at email@example.com and http://www.nhcommunityrights.org.
Diane St. Germain
Aug 19, 2019 To The Daily Sun,
The past two years, 2018-19 sessions in the New Hampshire House of Representatives, the New Hampshire Community Rights Network (NHCRN) has campaigned to pass bills to amend the state Constitution with an Article 40. Citizens of our state endeavor to resurrect local self governance, inalienable rights of all people into our communities, municipalities, cities and townships.
This work is a shared investment as residence to the state and townships respectively through consent in good faith to our elected reps and senators who dedicate themselves by oath to uphold the rule of law of state and federal constitutions and justly the Bill of Rights, the binding backbone of our democracy. The republic only exists through the consent of the governed, having personhood as inalienable rights. .
Are we ready yet, to amend the law, grounding the understanding and purpose for “Rights of Nature,” governing intent for survival of mankind? This being, for the corrections of past misgivings, mistakes, trespasses, contemptuous judicial interpretations, the like of corporate personhood with inalienable property rights elevated above the peoples’ due civil rights natural inalienable rights.
Ask people of moral character from communities to reveille in what must be necessary to protect and direct the democratic decisions of what we, the people, call progress. Institution of local self government will evolve answers unique to individual community problems.
The strength of a nation at large are communities of people, the stiles of our structure of government, constructing a greater nation of good. The right of local self government pinioned with the Rights of Nature in our state Constitution, written as Article 40, is what we must establish in New Hampshire and be exemplar forwarding an ideal of governance in state, nation and world at large.
Issue Date:July 06, 2019The three main values of the United Sates are freedom, democracy, and human rights, and we are fighting for these ideals in the Town of Nottingham, other towns in New Hampshire, and in towns all over the Country!
The people of Nottingham have approved two rights based ordinances (RBO’s) to protect our health, safety, and ecosystem. The first ordinance, approved at Town Meeting in 2008, prevents commercial water extraction, thereby protecting our wells and preserving our groundwater. That ordinance saved our Town from USA Springs!
The second was passed at Town Meeting this year providing Nottingham with“Freedom from Chemical Trespass” to ban toxic waste dumping and protect our water, land, and air. There is already a challenge to this human right before NH Superior Court.
The question is who decides? Do the citizens of our towns have the democratic right to ban corporate polluters, including fossil fuel pipelines, high tension power lines, and greenhouse gas producers? It’s urgent that people get involved!
Contact the NH Community Rights Network (firstname.lastname@example.org) for more information.
Peter A. White, Treasurer, Nottingham Water Alliance and Board member of NH Community Rights Network
SB 306 empowers THE STATE SUPREME COURT with elective powers to appoint members to a “Housing Appeals Board.” In turn, the appointed board is empowered with judicial powers to override any and all collective local decision-making authority around housing developments and carry out the will of corporate actors against those living there. What a deal.
The bill passed the NH Senate, but was then tabled. The Senate then added the bill’s language to the Senate budget. Why do this? It's a way to pass legislation through the adoption of a budget, regardless of the outcome of the stand-alone bill.
A similar bill, HB 104, has already been killed in the NH House. Is this the Senate’s way of forcing legislation that the House has already rejected? Legislative shenanigans are not uncommon, especially at the end of the legislative season, but this action by the Senate stoops very low by allowing them to bypass additional public hearings and push SB 306 through this year.
Senator Guida of Warren, NH (District 2) proposed SB 306 and claims in an opinion piece published by the Concord Monitor that “Lack of affordable workforce housing is a major crisis in New Hampshire. Senate Bill 306 addresses this issue by establishing a Housing Appeals Board whose sole purpose is to save time and money for all parties when an appeal is filed in relation to a decision rendered by a local land-use board.” But contrary to Sen. Guida’s claimed concerns about “affordable” housing, the 9-page bill only mentions “affordable” once in the preamble, not in the actual binding language of the law.
It would be one thing if SB 306 was being proposed as setting minimum standards of protection for affordable housing so as not to encourage gentrification, but this is all about overriding local voices so that the wealthy propertied of society can protect their privilege. Corporate developers that save a portion of their developments for housing could possibly use the new “Housing Appeals Board” to override local land-use ordinances that, for example, limit certain commercial uses to industrial zones only or maybe local laws that protect sensitive ecosystems and natural environments.
If SB 306 is adopted as part of the State’s budget, it becomes law. Any housing development application could be legitimately denied based on local ordinances but the developer could go to the State-created, NH Supreme Court-appointed, “Housing Appeals Board” and have the denial heard and overturned. It’s as simple as that. And, taxpayers would get to foot the bill at an estimated $400,000 each year to have their local collective voices silenced – the will of the citizenry be damned.
A growing number of Granite State communities recognize the State’s ever-increasing overreach and interference into local matters. These communities are adopting local rights-based ordinances (not land-use) that recognize the right of local self-government and ecosystem rights – empowering those most affected by governing decisions with authority to make those decisions. Join them and let’s work together to secure our right to decide what’s best for the human and natural communities in the places where it matters most – right where we live. Learn more by visiting the NH Community Rights Network (NHCRN) website at www.nhcommunityrights.org.
(she, her, hers)
Posted May 20, 2019 at 11:31 AM Updated May 20, 2019 at 11:31 AM
To the Editor:
In March of this year 74 of our New Hampshire state representatives voted in favor of allowing the people of New Hampshire to vote on the New Hampshire Community Rights state constitutional amendment affirming the right of local self-government. Some 282 representatives voted to effectively undermine the efforts of New Hampshire communities that have enacted local ordinances saying no to corporate harms and yes to environmental and social justice.
Barnstead residents watched for years as sludge, laced with carcinogens from Monsanto and other toxic industries, was dumped on farmlands impacting groundwater. We then looked on as our neighbors in the town of Nottingham fought the USA Springs takeover of their water resources. Barnstead residents subsequently enacted a rights-based ordinance asserting our right to control and protect our water resources. And recently Barnstead enacted a freedom from religious identification ordinance in response to burgeoning religious intolerance.
The NH Community Rights Amendment would have protected these ordinances — as well as those enacted in numerous NH towns fighting pipelines and other corporate harms — from state preemption and would have specifically enumerated the right to local self-government affirmed in the NH State Constitution’s Bill of Rights.
Ask your representatives if they voted to support local decision-making, the NH Community Rights Amendment, or if they chose to yield to party pressure and bow to corporate donors. Ask them if they will, in the future, recognize the constituency they are serving and understand that the people most affected by decisions should be the ones making those decisions.
People all over New Hampshire are working with the New Hampshire Community Rights Network to realize true local self-government so we can dismantle the power structures that have kept us at the mercy of corporate greed. It’s time that all of our legislators support the people’s work that will sustain and enrich our communities. Kudos to the 74 legislators who did.
Diane St. Germain, NHCRN Board member
The Nottingham Water Alliance (NWA) has retained the Community Environmental Legal Defense Fund (CELDF) to represent them in defending the Freedom from Chemical Trespass Ordinance.
A challenge has been brought by Brent Tweed of G&F Goods, LLC in Rockingham Superior Court. The Ordinance was passed by voters in March of this year at Nottingham Town Meeting.
The new Rights-based Ordinance protects the rights of Town residents to clean water, air, and soil, and prohibits corporations or government agencies from disposing of toxic wastes in Nottingham in order to protect those rights. This is the second such Ordinance adopted by the Town of Nottingham, the first protecting the right of Townspeople to clean drinking water by banning commercial water extraction. The Right to Water Ordinance was passed in 2008 and prevented USA Springs from extracting and bottling water, draining Nottingham’s aquifer.
“We are concerned about keeping our children safe by keeping toxins out of our water,” said Judy Doughty, Board member of the Nottingham Water Alliance. There are around 850 toxic waste sites in New Hampshire, including 22 on the national Superfund registry.
“The people of Nottingham are the best ones to protect our water and natural resources, and the voters have spoken at Town Meeting,” stated John Terninko, Chairperson of the NWA. “Seven children have been diagnosed with cancer near the Coakley Landfill and two have died, and we don’t want that problem in Nottingham.”
For more information contact John Terninko of NWA or Michelle Sanborn of CELDF.
Apr 2, 2019 Updated 19 hrs agoTo The Daily Sun,
New Hampshire is often assumed to be the beacon of local representation. And why not? New Hampshire is the Live Free or Die state. The first colonial state to separate from British rule with its own constitution, six months prior to the signing of the Declaration of Independence. It has the largest state legislature in the nation.
But the truth about local representation in the Granite State is very different. As a citizen of this state who has directly engaged with state legislators for the past four years, I can tell you that the state Legislature is beholden to party politics, not its citizens. In fact, I can tell you that New Hampshire is so dominated by party politics as to resemble the way corporations hi-jack our government and deny democracy to We the People.
Educating the people on local democracy is the work of the N.H. Community Rights Network (NHCRN). As a grassroots non-profit organization, NHCRN has been advocating for the N.H. Community Rights Amendment — a state constitutional amendment that would secure the right of local communities to protect their residents and natural environment against corporate activities that violate local rights. In a nutshell, the amendment recognizes that real people, communities, and natural environments have rights to health, safety, and welfare; the authority to prohibit corporate activities that violate those rights; and ensures that local laws adopted under this amendment’s authority can only strengthen and expand rights and protections — they “shall not” weaken or constrict existing rights and protections secured by other local, state, federal, or international laws.
In 2018, the N.H. Community Rights Amendment achieved a recommendation of ought-to-pass (OTP) from a Republican-controlled subcommittee. However, the chair of the full committee refused to allow the subcommittee to offer their report. The Republican-led N.H. House then denied advancing the N.H. Community Rights Amendment to the Senate. Even so, a roll call vote on the N.H. House floor revealed that one-third of the 2018 N.H. House did vote to support elevating the right of N.H. people to use their municipal governments to pass local laws protecting health, safety, and welfare of individuals, their communities, and natural environments against corporate activities that harm them. Of the one-third of the N.H. House that supported the people’s right to local community self-government, 73 percent were Democrats and 2 percent were Republicans.
After last year’s show of support from Democrats and with this year’s new Democratic majority in the House, one might have expected the N.H. Community Rights Amendment to receive an ought-to-pass (OTP) recommendation. That didn’t happen. The same Democratic Party that last year supported the right to self-govern collectively at the local level when the Republicans were in charge is the very Democratic Party that this year denied a people’s vote despite its control of the House. It turns out that neither party supports the right of New Hampshire citizens to protect themselves from plutocrats hiding behind corporations and profiting by harming our communities.
This result defines party politics, right down to the pressure to conform that made legislators buckle and abandon their constituents. Individual state representatives on both sides of the aisle expressed principled support for securing the right of local self-governance in the Live Free or Die state. But after the parties caucused prior to this year’s committee executive session and before the House vote on the N.H. Community Rights Amendment, some representatives who had taken a stand on the side of the people they represent changed their votes and aligned instead with the agenda of party leadership and their corporate handlers to vote against the amendment.
On the Republican side of the aisle, leadership went so far as to issue a gag order. Not only were the people’s elected representatives told how to vote on the amendment in caucus, but they were also told not to discuss it outside of the assigned committee. They were, in fact, forbidden by the political club in which they have membership from speaking or deliberating on behalf of the people. Granite State pride in a large “people’s” legislature means nothing if private political parties can control the votes and deliberations of the state representatives that we elect. Why do representatives comply? They don’t want to commit political suicide and risk losing leadership support for bills they propose. They don’t want to be politically punished for going against the party. But where does this leave the people? The answer: unrepresented in a supposedly representative republic.
I’ve had state representatives from both sides of the aisle apologize to me for voting against the amendment and against their own conscience. The sentiment is thoughtful, but truly, there is no room for apologies when state legislators are elected to protect and uphold the rights of New Hampshire citizens but instead uphold and protect the privileges given to corporations that let them buy elections and politicians. This is a catastrophe for democracy and has real-life consequences. State law now legally permits among a host of other evils, activities that have elevated New Hampshire to the highest rate of pediatric cancers in the nation and the second highest rate of breast cancers. Citizens don’t want to hear apologies, they want their state representatives to represent them and not the special interests that have purchased the political parties.
Michelle Sanborn, Alexandria
Posted at 11:18 AMUpdated at 11:18 AM
To the Editor:
There are a dozen towns in New Hampshire that have passed local rights-based ordinances to protect the health and safety of people and our natural resources from corporate exploitation. Nottingham and Exeter joined the growing coalition of communities asserting their right to self-govern at town meetings this year! If we don’t act then we are ripe for getting used and abused by energy monopolies and corporate polluters!
There are 850 hazardous waste sites in New Hampshire and 22 of them are on the national Superfund list. Neither the state nor federal governments have protected its citizens and Mother Nature from contamination, nor from the toxic greenhouse gasses destroying the earth, nor from the gas pipelines and fracking bringing in more fossil fuels to be burned by misguided consumers.
The New Hampshire Community Rights Network (NHCRN) proposed a State Constitutional amendment in the Legislature the last two years to enable more towns to pass rights-based ordinances but the Republican-led House in 2018 and the Democrat-led House in 2019 each denied our communities the right to protect themselves. Who are they representing, We the People or the rich special interests who profit from polluting activities?
The NHCRN (email@example.com) is a grassroots non-profit that assists citizens and local officials to get informed and organized to promote rights-based ordinances in their towns. Get involved or be passive victims of greedy corporate polluters who are poisoning our children and planet!
Peter A. White, Nottingham Water Alliance
Posted Mar 25, 2019 at 2:20 PMUpdated Mar 25, 2019 at 2:20 PM
To the Editor:
Last week, CACR8, the NH Community Rights Amendment, was blocked by the New Hampshire House of Representatives from advancing to a people’s vote. New Hampshire citizens were denied advancement of the recognized right to protect human and environmental health and safety from corporate harm.
The NH Community Rights Amendment is a proposed state constitutional amendment that would guarantee the citizens of New Hampshire the right of local self-government to protect human and natural communities though local lawmaking so long as those local laws expand and protect the rights of people, communities, and their natural environments. The amendment would safeguard against infringement on existing fundamental rights and protections under other local, state, federal, or international laws.
During last week’s House Session, Representative Ellen Read (D), prime sponsor of CACR8, said that local community self-government is the basis of our country. She asked, “Shouldn’t a town be able to decide to stop a corporate activity if it hurts their town?” Read also said that towns need constitutional protection in order to fight the deep pockets of corporate encroachment.
As corporate threats grow in the Granite State, more communities are joining the Community Rights movement. These communities and their supporters will reintroduce the NH Community Rights Amendment again in the future because our quality of life — indeed our very lives and those of our children and future generations — depends on it.
All politics are local. No one cares more about what happens in their community than the people that live there. We know from prior people’s movements that fundamental change takes persistent, unrelenting pressure, and that we must insist that our elected officials protect New Hampshire people, places, and environments above profit.
Thank you to all who support the efforts of the NH Community Rights Network (NHCRN) to secure the right of local community self-government for all inhabitants of New Hampshire. If you believe that the people most affected by governing decisions should be the ones making them and that local concerns are not being adequately addressed at the state level, please join us in advancing and protecting our right to decide what happens in the places we live!
For additional information, visit the NHCRN at www.nhcommunityrights.org. Contact us with any questions at firstname.lastname@example.org.
Jennifer Dube, NHCRN Legislative Coordinator
March 14, 2019 By Dana DrugmandThe town of Exeter, N.H. passed an ordinance recognizing the right to a healthy climate, the second ordinance of its kind to be passed in the U.S,.
The law, dubbed the Right to Healthy Climate Ordinance, recognizes the “right to a healthy climate system capable of sustaining human societies.” Exeter residents voted 1176 to 1007 to pass the ordinance at the annual town meeting on Tuesday.
It follows a similar law passed by the town of Lafayette, Colo., which enacted a “Climate Bill of Rights” ordinance in 2017. These local right-to-climate laws are part of a growing movement by communities across the country to ban corporate activities that threaten residents’ health, safety and welfare. With assistance from the Community Environmental Legal Defense Fund (CELDF), more than 200 communities have passed community rights ordinances securing rights to water, a healthy environment, sustainable energy and other issues. They prohibit an array of industrial activities from factory farms and dumping of sewage sludge to fracking and building fossil fuel pipelines.
Exeter, home to about 15,000 residents, is one of eight towns in New Hampshire fighting a proposed pipeline project that would transport fracked gas across the Piscataqua River Watershed, an ecosystem that hundreds of thousands of people and countless species depend upon for clean air and water. The 27-mile Granite Bridge pipeline, a project of Liberty Utility, is not specifically mentioned in Exeter’s ordinance, which instead asserts the broader right to “be free from all corporate activities that release toxic contaminants into the air, water, and soil,” including from fossil fuel extraction and infrastructure.
“Our right to a healthy climate is an unalienable right. Any new energy infrastructure in our town must align with that right. We live here, and what we envision for our community comes before what any project developer and state government envision if it threatens our rights,” said Maura Fay, co-founder of the community group Citizen Action for Exeter’s Environment.
Exeter joins nearly a dozen other communities across New Hampshire that have enacted rights-based ordinances, according to Michelle Sanborn, New Hampshire community organizer with CELDF. The town of Nottingham is set to vote Saturday on a community rights ordinance that includes a provision establishing the right to a healthy climate.
The effort to establish this right at the local level represents a new avenue for challenging the fossil fuel industry and the government agencies that approve its infrastructure projects. A handful of cities and counties are suing the fossil fuel industry demanding it pay for costly climate adaptation measures. And a youth climate lawsuit against the federal government is currently pending in the Ninth Circuit Court of Appeals. U.S. District Judge Ann Aiken acknowledged the plausibility of a constitutional climate right, writing in her motion that ordered Juliana v. United States to trial in November 2016, “I have no doubt that the right to a climate system capable of sustaining human life is fundamental to a free and ordered society.”
"Our right to a healthy climate is an unalienable right. Any new energy infrastructure in our town must align with that right."
by Andrea Germanos, staff writer
This shot from the New England town shows where the Exeter River ends and the Squamscott River begins. (Photo: Josh Graciano/flickr/cc)
Voters in Exeter, New Hampshire, fearing the impact on their community from a planned pipeline project, declared Tuesday that their town's right to a safe and healthy climate trumps corporate profits.
"Our right to a healthy climate is an unalienable right," said Maura Fay, co-founder of the community group Citizen Action for Exeter's Environment (CAEE), in a statement. "Any new energy infrastructure in our town must align with that right. We live here, and what we envision for our community comes before what any project developer and state government envision if it threatens our rights."
Voters passed Article 30, the Right to a Healthy Climate Ordinance, by a vote of 1,176 to 1,007
The ordinance states, in part:
It is our legislative determination that certain corporate activities are detrimental to our rights, health, safety, and welfare. These activities include but are not limited to: the runoff from commercial use of fertilizers, the intentional or unintentional dumping of toxic waste, and the physical deposition, emission, leakage, disposal, or placement of toxins into the land, air or waterways from extraction, transportation, processing, storage, conveyance, and depositing of waste from fossil fuel exploration and development.
As we are purportedly constrained by state and federal law, which courts interpret to require us to accept such harmful corporate activity, we the people of Exeter are unable under our current system of local government to secure human rights and ecosystem rights by banning said activity.
Therefore, we deem it necessary to alter our system of local government, and we do so by adopting this Right to a Healthy Climate Ordinance.
Exeter resident Stephanie Marshall recently laid out what's at stake for the town—and the planet. In a letter to the editor published this month at Seacoastonline, she wrote:
Climate change is not too big to tackle and the solutions come from local to global action. Exeter is a likely meter station site for Liberty Utility's proposed Granite Bridge fracked gas pipeline. What's the impact of more natural gas on climate change? Significant and negative; more methane and carbon dioxide emissions, accelerated warming of the earth, faster sea level rise, more floods and wildfires, more threats to agriculture. [...]
In August 2018, the Exeter Select Board unanimously approved an option agreement with Liberty Utilities to serve as a meter site for Granite Bridge pipeline. While some members of the board noted that this did not necessarily signal support for the project, it certainly helps Liberty continue forward on the project. Even if the Select Board and, more importantly Exeter's citizens, oppose this pipeline, it's up to the state to decide if it will be built.
Warrant Article 30 accomplishes two objectives. It assures that Exeter citizens' right to a safe and healthy climate must be considered in any plans for new energy infrastructure and other corporate projects. Secondly, it safeguards that the opinions of citizens have as much standing as those of Liberty Utility or the state government.
The ordinance was drafted with the help of the Community Environmental Legal Defense Fund, which describes itself as "spearheading a movement at the local, state, national, and international level to establish rights for humans and nature over the systems that control them."
The group says that the proposed pipeline project would cross eight towns in the state and "threatens to contaminate the Piscataqua River Watershed, an ecosystem that hundreds of thousands of people and countless species depend upon for clean air and water."
Welcoming the vote, CELDF community organizer Michelle Sanborn said, "The residents of Exeter are well-organized, informed, and engaged." She also cheered the community for "joining a growing Community Rights movement in New Hampshire."
That's reflected in the proposed New Hampshire Community Rights Amendment, which says that "the people of the state may enact local laws that protect health, safety, and welfare."
With a hearing before lawmakers on Wednesday, the New Hampshire Community Rights Network (NHCRN), which drafted the proposed constitutional amendment along with CELDF, is urging constituents to call their representatives and demand they support the measure.
According to NHCRN, it "will be reintroduced as many times as it takes to pass it. We know from prior people's movements that fundamental change takes persistent, unrelenting pressure."
By JASON SCHREIBER Union Leader Correspondent
EPPING -- Voters OK’d a non-binding resolution Tuesday that aims to give residents more of a voice as Liberty Utilities moves ahead with plans to build a liquefied natural gas storage facility off Route 101.
The resolution, which was proposed as a petitioned warrant article and passed 654 yes to 222 no, states that such a facility should not be located in town without voter approval and directs the Legislature and governor to “place and support a state constitutional amendment on the biennial ballot to expressly secure the people’s inherent (and) inalienable right to local community self-government.”
Liberty Utilities is proposing a natural gas pipeline project called Granite Bridge that would run from Stratham to Manchester and wants to build a storage facility in Epping.
The state’s Site Evaluation Committee approves such energy projects.
Voters also approved a $2.19 million wastewater treatment facility upgrade (727 yes, 148 no), but rejected a $3.3 million proposal to decommission lagoons (405 yes, 472 no).
Voters rejected a warrant article that sought to dissolve the town’s water and sewer commission (402 yes, 452 no).
A new three-year teachers’ contract passed (592 yes, 305 no).
By Deborah Sumner Feb 27, 2019New Hampshire has an amazing constitution, but sometimes it needs changing to deal with new challenges. The House Municipal and County Government Committee will hear testimony on CACR 8 , intended to codify our historical right to local self-government, on March 6.
Our Revolutionary War ancestors didn’t fight for corporations to have constitutional rights; they fought for people to have individual rights and authority for collective decision making for the public good. Over the years, well-paid corporate lawyers and lobbyists have argued for corporate civil “rights” in courts and their interests in legislatures. Gradually, settled law gave way to them succeeding more often than ordinary people arguing for the same constitutionally-protected rights.
“We the Corporations” by Adam Winkler shows chronologically how governing authority shifted from “we the people” to corporations and their allies.
Now, we ordinary citizens face huge odds in convincing legislators to support this amendment and allow “the people” to vote on it.
“There are two things that are important in politics,” U.S. Sen. Mark Hanna said in 1898. “The first is money. I can’t remember what the second is.”
According to 2017 polling cited by New Hampshire’s Open Democracy, 80 percent of New Hampshire voters “believe special interests have more influence than voters in state politics.”
“We the Corporations” and well-paid lawyers have won the courts; special interests and well-paid lobbyists have won the Legislature; and big money has won the political process.
As of Jan. 30, there are 88 pages listing New Hampshire lobbyists; some advocate for the public interest. Most ordinary citizens can’t get to Concord to testify at public hearings, but they still show up at town meeting when there’s an issue they care deeply about. If we find later we made a mistake, we can correct it. But that’s almost impossible if the Legislature or court makes a mistake.
New Hampshire courts have recognized the “sovereign” authority of town meeting to direct the “prudential affairs” of the town, pass local laws and enforce penalties for violations dating back to colonial days.
A 1791 law said: … “And be it further enacted that the Inhabitants of every Town in this State qualified by Law to vote in Town affairs at any meeting duly warned and legally holden are hereby empowered to make and agree upon such necessary rules, orders and bylaws for the directing managing or lering the prudential affairs of such Town as they shall judge most conducive to the peace, welfare, interest and good order of the inhabitants of such towns and to annex penalties to such Laws … and to enure to such use as they shall therein direct … Provided such Laws be not repugnant to the Constitution and Laws of this State and provided also that such By-Laws be approved by the Court of General Sessions of the peace in the same County — And the penalty for any breach of such By-Laws shall be recovered before any Justice not interested therein” …
“Lering” means guiding through collective decision making locally to protect the common good. That’s what our New Hampshire and national founders intended. The social contract (our constitutions) depended on informed, engaged citizens with common sense and a fierce loyalty to protect the common good. Passage of CACR 8 reaffirms that inalienable right.
“We the people” bear the major responsibility of whether we survive as a democratic republic: “whether societies of men are really capable or not of establishing good government from reflection and choice, or whether they are forever destined to depend for their political constitutions on accident and force.” — Alexander Hamilton, Federalist Paper No. 1, 1787.3
Join us in standing for this constitutional codification of our historical right to protect real people, nature and the communities we love. Visit www.nhcommunityrights.org to find out more about this effort.
Deborah Sumner of Jaffrey is a member of the N.H. Community Rights Network. This was adapted from her testimony to be submitted to the House Municipal and County Government Committee regarding CACR 8
Posted Feb 26, 2019 at 2:28 PM Updated Feb 26, 2019 at 2:28 PM
To the Editor:
As a citizen, I feel increasingly overpowered by corporations in decisions that impact my community’s health, safety and natural environment. Corporations are wielding their money to influence decisions in our community. Their prime responsibilities are improving their bottom line and increasing shareholder value. Hearing what local citizens have to say, and fully appreciating the impact of their decisions on a community, are not a priority.
Article 30 is on the ballot for Town Meeting on March 12. A “yes” vote for Article 30 will allow the citizens of Exeter to protect the health, safety and welfare of Exeter residents and its ecosystem. Adopting this ordinance will give us the right to have a say in whether to accept corporate activity that is potentially harmful to our health and safety, and the health and safety of our ecosystem. Corporations would have to consider their project’s impact on Exeter residents and would have to answer to local citizens instead of simply leveraging their influence at the state level. A current example is the proposed Granite Bridge pipeline. Absent the Right to a Healthy Climate Ordinance (Article 30), we will have to accept new fossil fuel infrastructure in our community if the state deems this project beneficial.
My favorable opinion of Article 30 is based not just on the Granite Bridge pipeline, and my favorable opinion of Article 30 is not against development in general. My favorable opinion of Article 30 is based on my need for empowerment against corporate decision-making that is based on corporate profits rather than on the health, safety, and rights of citizens.
Please join me in voting yes on Article 30 - voting yes to give voice to our rights in decision-making that impacts our community and ecosystem.
Posted Jan 31, 2019 at 7:00 PM
To the Editor:
There are two citizens’ petitions in particular on this March’s ballot that I hope the people of Exeter will support: the Right to a Healthy Climate rights-based ordinance (warrant Article 30), and the proposal to create a Sustainability Office in town (warrant Article 34).
Both of these initiatives, if voted into action by the townspeople, would prove to be major strides in the effort to create a brighter future - for our community, and beyond. These petitions are about more than protecting the sustained health of our conserved lands, curbing general trends of unchecked development, and preserving our natural resources such as air, water and soil. The petitions are concerned with all of these things, of course. But at their cores, they’re about growing resilience in our community as we proceed in this 21st-century world.
I hope the townspeople will embrace these causes and vote accordingly come March 12.
To The Daily Sun,
I endeavor to appeal to the civic mindedness of our democracy with a republican form of government to follow the plea in attention of 2019 legislative session CACR-8. This bill is not an innovation but an address to preserve and strengthen the rights of people in their municipalities. CACR-8 is the third effort of proposing an amendment to our state Constitution to follow Art. 39 with an Art. 40. This is the Right of Local Self-Governance to protect the self determination and future vision of our communities where we live.
CACR-8 in amending the N.H. Constitution is an assertion reserving community rights to self-government that protects a municipality, it’s citizens, selectmen and our representatives. When a corporation of multi-corporate money proposes a project and are given power equal to the state through a contractual agreement they receive an issued permit. Unless that corporate body regards and respects the goodwill of the community, with their idea of the future vision of that community, as to health, safety and welfare, our citizens, selectmen and our representatives by law must comply or face lawsuit litigation. Corporate property rights are 14th Amendment Rights that were not written for corporations but specifically the civil rights of citizens or people that reside in the United States. The progress and development of big money corporate projects with the help of authoritarian -minded government, charged through Dillon’s Rule rule against the community, preempts our civil rights.
In our N.H. Constitution’s Bill of Rights, CACR-8 would give a rebirth of liberties that would empower a republican form of government, our representatives and selectmen to protect the inherent rights of their constituents and the democracy, solidifying, a renaissance and awakenings of a sustainable future that works through an education resulting in healing our nation. Talk to your neighbors. Contact your representatives and senators to advance CACR-8 and let the people decide on the 2020 ballot.
NHCRN Board Member
Posted Jan 31, 2019 at 7:00 PMUpdated
To the Editor:
It is clear that people in Exeter are committed to protecting our natural environment. However, under our current system of government, there is no way for residents to oppose corporate projects that could be harmful to the health, safety and welfare of people and our ecosystems.
A Rights Based Ordinance (RBO) would correct this. It is a binding, local law that establishes a bill of rights that includes the right to a healthy climate, the right to clean air, water and soil, the right of ecosystems to exist and flourish and the right of self-government.
This RBO is a tool used by communities to assert their rights when confronted by projects that may be protected by state and federal permits. It allows for community enforcement of the law as affirmed in the N.H. State Constitution’s Bill of Rights. A group of Exeter citizens have brought forth this petition with support from the Community Environmental Legal Defense Fund (CELDF), a national organization committed to fighting for the community and environmental rights since 1995. Over 200 towns across the country have passed similar RBO’s including 11 here in New Hampshire.
I urge you to come to the town deliberative session on Feb. 2 to learn more about this citizens petition and then to vote “yes” on warrant Article 30 on March 12.
Citizen Action for Exeter’s Environment
To the editor,
In 2006 Barnstead Selectman Jack O’Neil proclaimed support for a rights-based ordinance protecting Barnstead’s water resources stating, “…we pledge to walk point for you…”. It’s doubtful that at the time he imagined New Hampshire residents would today be walking point for the nation in the struggle for community rights and the rights of nature.
Since then towns across New Hampshire have been initiating and passing rights-based ordinances in the face of corporate assaults on local economies, rights, and natural environments. In 2015, a holocaust survivor living in Barnstead recognized the fomenting climate of religious intolerance during the presidential primary and initiated a rights-based ordinance guaranteeing freedom from religious identification. It passed unanimously at town meeting.
In a time when state and federal lawmakers fail to act on pressing social, environmental, and economic issues and corporate entities are rushing to enact legislation pre-empting communities from addressing these, it is more important than ever to seize the opportunity to affirm the rights of people to self-govern in their communities.
New Hampshire representative Ellen Read has reintroduced the Community Rights Amendment, CACR 8, an amendment which codifies the rights of people in New Hampshire to make governing decisions about policies and endeavors that impact the well-being of residents and the natural environment. Having garnered one third of the legislature’s support in the past session, New Hampshire is leading the nation in the fight against legalized destruction of our planet and the stripping away of our individual right to self-govern.
Those involved in the early work of local democracy are grateful for the efforts of many residents, but especially those of longtime Barnstead Selectman Gordon Preston, Katherine Preston, the late Jack O’Neil, and the late Gail Darrell, founder of NH Community Rights Network and tireless advocate for a sustainable, peaceful world. The many people who carry on this work across New Hampshire ask for your support of CACR 8, the NH Community Rights Amendment to the NH constitution.
Diane St. Germain
NHCRN Board Member
NOTE: Epping residents support local democracy - their right to decide how best to protect their community. Their Right to Decide Resolution supports the call for state constitutional change to secure their right to clean air, water, soil - a healthy climate. http://www.nhcommunityrights.org/state-constitutional-change.html
EPPING — More than 100 residents have signed a proposed resolution aimed at giving voters more of a voice on whether they want a proposed natural gas storage facility to be built in town.
A citizen-petitioned warrant article has been submitted to the town to be placed on the March ballot in response to Liberty Utilities’ “Granite Bridge” natural gas pipeline project.
The article proposes a non-binding resolution asking that a storage facility for liquefied natural gas not be allowed in town without approval by two-thirds of voters.
Resident Barbara Perry, who worked on the proposed resolution, said it would be a barometer to measure the feelings of residents when it comes to the Granite Bridge project.
“We wanted to be able to give this information as to the pulse of Epping, as to how people are feeling about the right to decide,” said Perry, who is also one of about 40 people who are part of a group called Citizens for Local Control, which formed in response to the pipeline and storage facility proposal.
The project calls for the construction of 27 miles of pipeline along Route 101 from Stratham to Manchester with a storage facility located in an abandoned quarry adjacent to the busy highway near Exit 6.
The facility would include a tank 170 feet high and 200 feet in diameter, which would hold up to 2 billion cubic feet of liquefied natural gas.
In its liquid state, which occurs when natural gas is cooled to -260 degrees, Liberty Utilities officials said, liquefied natural gas isn’t flammable or explosive.
The project needs approval from several state and federal agencies.
According to Liberty Utilities’ construction timeline, the storage facility wouldn’t be finished until 2022.
Despite concerns from some opponents, Liberty Utilities officials have maintained that the storage facility will be safe.
They’ve described the tank system as a “free standing inner tank surrounded by a second free standing tank designed to hold the entire liquid capacity of the inner tank.” Officials said that this adds a layer of complete containment if a natural gas release were to occur.
Perry doesn’t live near the site of the proposed storage facility, but said it’s something that impacts the entire town.
“We have found that many people in town are just not aware of the project and furthermore don’t even know what the project is about. To us that was concerning,” she said.
Posted Jan 2, 2019 at 9:56 AM Updated Jan 2, 2019 at 9:56 AM
To the Editor:
State Rep. Ellen Read has reintroduced the NH Community Rights Amendment, a state constitutional amendment that expands and protects the rights of people and natural environments in their communities. The NH Community Rights Amendment was drafted by the NH Community Rights Network, with assistance from the Community Environmental Legal Defense Fund, a non-profit public interest law firm. Rep. Read said she is committed to sponsoring this legislation again because, “our quality of life, indeed our very lives and those of our children and future generations, depend on it.” Projects such as pipelines and compressor stations, transmission lines, ridgeline industrial wind ventures, and water extraction projects are authorized by state officials and state agencies, without townspeople’s consent. Efforts to protect people and ecosystems have been denied by state and federal governments in partnership with corporate special interests, leading to this legislation.
The NH Community Rights Amendment would add Article 40. Right of Local Community Self-Government to the New Hampshire Constitution’s Bill of Rights, and has three key components:
Right to Local Self-Government: specifically recognizing the right of people in communities across the state to local community self-government.
Rights of People, Communities, and Natural Environments: people, communities and natural environments have rights to health, safety and well-being, and the authority to prohibit business activities that violate those rights.
Expanding and Protecting Fundamental Rights: people can use their collective local lawmaking power to enact local laws that protect and expand fundamental rights – any efforts to restrict or weaken fundamental rights under this Amendment are prohibited.
The NH Community Rights Amendment has bipartisan support from representative co-sponsors: Vincent Migliore, Janice Schmidt, Skip Cleaver, Wendy Thomas, Nancy Murphy, William Pearson, Kathryn Stack, David Meuse, and Joshua Adjutant.
Jennifer Dube, NHCRN Legislative Coordinator
Good news: Newmarket’s Town Council Water Rights Subcommittee members are recommending Newmarket’s Town Council seriously consider future resident-proposed Rights-based Ordinances (RBOs). Bad news: They’re not recommending adoption of the current resident-proposed RBO, the Newmarket Freedom From Chemical Trespass Rights-based Ordinance that seeks to protect Newmarket’s people and its Lamprey River & Great Bay Estuary watershed. Here are responses to the committee members’ assertions made during their final meeting considering the RBO.
“The RBO is an exciting, progressive approach to change.” True, but because RBOs are based on rights affirmed in NH’s Bill of Rights, they’re also conservatively unifying—a phenomenon covered in UNH sociologist Cliff Brown’s 2016 “Water Concerns Unite Citizen Activists: A Community Rights Movement Transcends Party, Age, and Gender.”
“We don’t know what unintended consequences RBOs will cause.” True, but 15 RBOs adopted by 11 NH towns haven’t had any, whereas the CDC reported in July 2018 the unintended consequences of water contamination: NH has the country’s highest rate of pediatric cancers, including state and federally recognized clusters of rare cancers in Seacoast areas contaminated by PFAS, PFOS/PFOAS, and PFCs.
“We should wait until an amendment to NH’s Bill of Rights officially recognizes RBO-making so we’ve authority to instate them.” Last year, the NH Community Rights Amendment received support from 1/3 NH’s House. In 2019, Newmarket’s Representative Ellen Read will sponsor it again. If it passes NH’s House and Senate and is voted in by NH’s people, it’ll protect RBOs by recognizing people’s right to adopt them, but it won’t make RBOs official. What makes RBOs official is each individual’s inherent and inalienable right to self-determine, exercised collectively in a vote of the townspeople. Newmarket’s Town Charter doesn’t allow residents to vote on non-budgetary matters, leaving them dependent on Town Council members to adopt RBOs according to their oath to uphold Newmarketers’ rights as enumerated in NH’s Bill of Rights. Outside Newmarket, NH townspeople who can make a RBO vote haven’t waited for the amendment because they and their ecosystems cannot afford to and because they already have the inherent and inalienable authority to adopt RBOS as affirmed by NH’s Bill of Rights Articles 1, 2, 3, 8, 10 and 32.
“Change has always been achieved by moving through governmental process.” Systematic change in every large people’s movement has always required moving outside governmental process in order to right legal wrongs. In NH, even with legislation trying to address the matter, it’s legal to release PFAS, PFOS/PFOAS, and PFCs into our water at ‘safe’ limits that yet bio-accumulate and cause cancer. If the people’s Community Rights movement sticks to governmental process without including RBOs, we’ll be apologizing to future generations: “Sorry, water contamination was legal.”
“We shouldn’t be a fiefdom telling other towns what they can/can’t do.” Protecting water is basic survival. It’s not about controlling and regulating other towns. It’s about recognizing rights of water and people everywhere. If other towns approve use of chemicals that end up in Newmarket water, and if Newmarket’s Town Council adopts an RBO banning those chemicals, then the people of other towns would deal with the RBO like they must deal with any other differing ordinances NH towns have on various issues.
“What’s the point of this RBO? We’ve no direct threat.” The direct threat is that Newmarket’s people are un-empowered to vote on local governing decisions that afford greater protection than harms legalized by the state. The RBO would empower Newmarketers, their community, and their ecosystems with local governing authority to address harmful activities, even to the point of saying, “No amount of harm is okay.” So the proposed RBO’s point is its proactivity. For instance, and according to a Newmarket Conservation Commission member, town gravel pits are potentially destined to be landfills. The RBO would help Newmarketers avoid finding out decades from now, like Greenlanders have with their Coakley Landfill, that landfill leeching poisoned their water. The RBO would also help Newmarketers avoid fight after fight over harms already in town, including PFAS in their car wash’s Teflon shine service and the Town’s use of the cancer-causing Glysophate for weed control. Furthermore, Eversource’s Seacoast Reliability Project will stir up 100s of years of industry toxins in Little Bay to mix with Pease PFAS contamination already in Great Bay. While the U.S. Geological Survey and EPA determined the porousness of the bay’s bedrock, which allows chemicals to drain into groundwater from which Newmarket draws drinking water, the SEC, per NHDES recommendation, determined the project’s toxins are not concerning for surrounding watersheds.
“We should just work through the regulatory agencies.” Evidenced by NHDES’s Seacoast Reliability Project approval, regulatory agencies facilitate corporate projects and allow certain amounts of harm; they don’t protect people or ecosystems. If they did, agency regulations wouldn’t require, for example, that Saint-Gobain merely provide water filters for Merrimack residents; they’d require complete cessation of the company’s PFAS poisoning of Merrimack’s people and ecosystems. But regulatory agencies won’t ban contamination because it’s neither their job nor legal place to. The people will do so because our lives depend on it and we have the right to.
To learn more about Newmarket’s RBO, email email@example.com or visit Alliance for Newmarket Citizen & Ecosystem Rights (ANCER) on Facebook. To learn more about 2019’s NH Community Rights Amendment, email firstname.lastname@example.org or visit www.nhcommunityrights.org.
Monica Christofili, ANCER co-founder / NHCRN board member