"NIMBYism" and community rights

October 9, 2015

Rep. Susan Emerson (R-Rindge) is sponsoring a 2016 constitutional amendment that would give towns and cities more power over the siting of energy projects.

The New Hampshire Community Rights Network (NHCRN) presented the amendment to Emerson. According to a press release on the organization's website, the amendment "would recognize the authority of communities to protect the health, safety and welfare of residents and their natural environments by prohibiting activities that would threaten those rights." The amendment would give towns and cities "the last word" on any energy projects within the municipality's borders.

Supporters of the amendment argue that the state and federal governments approving energy projects are too easily influenced by corporate interests, to the detriment of local residents.

In a recent letter to the editor, NHCRN Coordinator Michelle Sanborn notes that the Northern Pass Project, the Kinder Morgan Northeast Energy Direct pipeline, and several proposed wind farms all have significant local opposition. In each case, the state or federal government will make the final decision on siting.

On the other hand, a recent article in Forbes highlights how local opposition to energy projects may contribute to New England's high energy costs.

"From subways to bridges to power lines and pipelines, the nation’s land, water and key infrastructure is increasingly being held hostage by a growing thicket of regulation, sophisticated opposition and a me-first philosophy that regards development, no matter the public good, as a potential assault on the sacred," reads the article.

The constitutional amendment is also a significant departure from the legal doctrine of preemption, in which federal laws trump state laws, and state laws trump local laws.

The text of the amendment is not yet public.

Do you think New Hampshire needs a community rights amendment? Share your thoughts in the comment section below!

ADVOCATE FOR YOUR CAUSE

Comments

Michelle

October 29, 2015

NHCRN Proposed State Constitutional Amendment Seeks to Guarantee the Right of Local Community Self-Government

New Hampshire Community Rights Network (NHCRN) is pleased to announce that Representative Susan Emerson (R-Cheshire District 11) has introduced a State Constitutional Amendment (LSR#2016-2352 HCACR) which would guarantee local communities the authority to protect their environment, community and individual rights free from state preemption and corporate interference. This amendment was drafted by the Community Environmental Legal Defense Fund (CELDF) in cooperation with the NHCRN. Representative Emerson said she is proud to sponsor this amendment language to “ensure that the people directly affected by governing decisions have the last word. “

The Right of Local Community Self-Government Amendment has grown out of the frustration of many New Hampshire residents who understand their local identity, environmental protection, inherent and unalienable rights, as well as individual property rights are being superseded by Federal and State governments in partnership with corporations with no regard for the consent or welfare of local communities. Proposals such as gas pipelines, overhead high voltage transmission lines, industrial wind ventures and water extraction projects have recently threatened New Hampshire communities and some have countered by overwhelmingly passing Rights Based Ordinances at their town meetings. Rights Based Ordinances, developed by people in those communities with the advice and assistance of CELDF, are grounded on the inherent and unalienable rights affirmed in the Declaration of Independence and the New Hampshire State Constitution.

Representative Emerson said that when NHCRN brought the amendment proposal to her attention, she immediately saw its value. She stated, “The amendment is needed because when it comes to protecting the inalienable rights of citizens in our local communities, neither they nor their local governments should be told they cannot enact local laws to do just that. Too often the interests of big corporations are considered and the rights of our constituents are ignored when we in the legislature enact preemptions that forbid local lawmaking. And too often wealthy corporations threaten to bankrupt towns that stand up to them. This amendment will put self-government at the local level back into the hands of the people.”

“We call upon all the legislators of New Hampshire to rise up and represent the communities of this fine state by supporting the proposed Right of Local Community Self-Government amendment to our State Constitution,” said Michelle Sanborn, Coordinator for the NHCRN and community organizer for CELDF. “This amendment would recognize the authority of communities to protect the health, safety and welfare of residents and their natural environments by prohibiting activities that would threaten those rights.”

NHCRN was founded in 2013 and has participating members from all across New Hampshire, including Alexandria, Barnstead, Barrington, Danbury, Easton, Grafton, Hebron, Jaffrey, Nottingham Plymouth, Sugar Hill, Swanzey and Thornton. Other states are also involved in the community rights movement including Ohio, Colorado, New Mexico, Oregon, Pennsylvania, and Washington.

NHCRN advocates for change that begins at the grassroots level. For more information about the New Hampshire Community Rights Network or the proposed constitutional amendment, contact info@nhcommunityrights.org

"NIMBYism" and community rights

Comments

Thank you to our sponsors and donors