Second, CELDF's perfectly reasonable response to my critique here might be this: Community charters ought to be drafted consistent with these principles--equality and justice, and the "rights of nature." Any charter not so drafted is not adequately democratic and does not expand rights.
But this does not and cannot go nearly far enough.
A community--and we have copious examples--can absolutely agree to these principles, AND determine that they apply to some who then count as members while others do not. A community can decide, for example, that the criteria for membership depends on sex, ethnicity, gender, or species status. CELDF can rightly decry this as discrimination--but without clear criteria for determining what/who counts as a member, "expansion" remains elusive. Let me give a specific example: If my understanding is correct, one township on the pipeline corridor recently held a chicken Bar-b-que to raise money for its community rights efforts.
Fine.
But this effectively makes a determination that nonhuman animals are not to be accounted as members with any right to equality in any respect in their particular vision of "Community." This stands in direct conflict with CELDF's specific referencing to "rights of nature." Or: If chickens are not to be counted as community members in any sense--minimally that they have a right not to be killed unnecessarily, then this township has a duty to explain as a part of their understanding of their own charter why. The upshot is clear: It's one thing to talk about justice and equality. It's another to enact it as a chartered part of a community's forward-moving structure.
And WHO is to count is as essential to that charter as it could possibly be. Moreover, if the meaning of "expansion" does not include very explicit and clear language concerning one community's relationship to others affected by its chartered decisions, it's hard to see how conflicts will be resolved.
Let me offer one more example here: let's say that the township that held the chicken Bar-b-que sold chicken raised at a factory farm. What that means in effect is that while they oppose a pipeline, they do not oppose factory farming--at least chickens. In addition to this seeming very inconsistent with their concern for the health and welfare of their own community members--since animal agriculture is a far more serious immediate and long-term health hazard for people in and out of that community--it is clearly not in keeping with any concern for the health and welfare of people in other communities who may very well be affected by, say, Tyson's proposal to build a factory farm in that county.
How does CELDF litigate between the community who--at least judging by their behavior-- is comfortable with the prospect of factory farms and the community who opposes them? Perhaps this seems apples and oranges with pipelines--but it manifestly is not. VOCs wafting from compressor stations and toxic pollutants wafting from factory farms across relatively wide distance on a breezy day affect folks outside the community where the specific facility is located. How does a community rights charter deal with this? To be clear again--I favor the community rights approach. But it has begun to worry me greatly that some really deep-going and fundamental issues have not seen the light of day.
Third, there is much to be said about the meaning of "rights of nature." But if CELDF is really committed to that principled idea, how does it sanction a community that has a Chicken Bar-b-que to raise money to wage its community rights campaign? This strikes me as a tad bit mercenary. That is, is CELDF so committed to a win in this community that it is willing to sacrifice a central tenet of its platform in order to advance that community's charter? I don't know the answer here--but what I do know is that CELDF is caught in a Queen's fork:
1. If what CELDF means by "community rights" necessarily includes nonhuman nature and animals, then it cannot attach its name to an event that violates the rights of nonhuman animals (especially factory farm animals whose lives have been nothing but misery). That includes chickens.
2. If what CELDF means by "community rights" is negotiable around nonhuman animals, it's negotiable around human animals. Hence nothing prevents a community from writing a charter that converts women to sex slaves or any other group of people into subservients.
3. If CELDF's response here is that ALL charters must recognize at least people equally, fine--but then it must remove its references to rights of nature.
4. If CELDF removed the references to rights of nature, any and all cases against factory farms, and gas company activity including pipelines is seriously weakened since a crucial part of the fight against the latter industry was premised on environmental considerations.
Fourth, I appreciate greatly CELDF's Chad Nicholson's point that people are tired of having no options. But the fundamental fact here is that while a community charter is at least potentially better than the township structure that clearly privileged corporations--CELDF is right on the money here--it will still mean very little unless the community members empowered by the charter are willing to actively defend it. And with respect to the pipeline, that could mean a siege--very much like the defense at Crestwood at Lake Seneca. In other words, there is NO charter, ordinance, law, policy--anything--that's going to keep out that pipeline without the willingness of citizens across the Pipeline ROW to join with others from neighboring communities with their bodies to defend it.
I make this obvious point as another way of expressing the crucial observation about cross-community communication and organization. This could not be more essential than with a pipeline. Moreover, while it is certainly in the interest of CELDF as an organization looking to advance a highly laudable campaign to re-empower citizens over corporations in the U.S.--a campaign for which I applaud them--it is another thing for particular communities to be the effective test cases in the service of that larger objective.
It is no doubt true that there's no other way to get to that larger objective than through communities adopting charters. But that does not mean and cannot mean that particular communities can be sacrificed along the way. CELDF MUST take on the responsibility of standing with the communities they offer to assist--and if these mean great sums of free legal service, pepper spray in the face, arrests, then so be it. There's no revolution without revolutionaries.
And I put it this way not to by incendiary, but to make it clear that CELDF's premises about the powers of corporations trumping those of private citizens is absolutely on the money--but what taking back what is rightfully ours means IS nothing short of a revolutionary objective. We need to be and have a right to be clear about what this morally defensible objective is.
Fifth, and lastly, it bears repeating a thousand times that there is no reason whatever to believe that FERC has any other interest but permitting this pipeline. Register objections. Absolutely.
But only because we have the right to an historical record where we have clearly said no to this incursion on our rights and our lands. FERC WILL approve this pipeline. Make no mistake about it. Township supervisors WILL be bribed into silence about it. County Commissioners--ditto.
A charter may be the beginning of your assertion of your right to clean air and water--but it cannot be more than that.
Pittsburgh's charter is commonly referred to as a successful example of where a community rights approach has been successful. I would caution us all to be thinking about this. No gas company was going to risk drilling in Pittsburgh. The hazards were far too great, the outcry too loud.
Rural communities are a very different animal. Fewer people, more bribable old boy township boards and county structure--lots of sparsely populated land. Our lives just don't rate as highly--and so it is doubly important for communities to band together.
But that is precisely what raises the first set of questions I have posed here.
Put differently: many issues lend themselves to a community rights approach. But some--and especially where the issues have global consequences--are not as obvious a fit.
Any industry as intimately connected to the emission of greenhouse gasses is one. The reason why is because what one community does in choosing for any bit of gas infrastructure contributes to climate change.
In other words, it's a fairly easy thing to stand up for the rights of one's own community. It's a far harder thing to see the implications of one's community for the global community.
A collection of independent communities, each with their own charters no matter how humane and thoughtful, does not necessarily make a sustainable--much less desirable--future for the planet.