A Reverse 9/11; 11/9 What we've done to ourselves: A Poisonous Dark Day for America

The cause of human suffering, as explained in Buddhist terms, are greed, anger and ignorance. 
These negative traits and fundamental evils are called the Three Poisons, because they are dangerous toxins in our lives. 
These poisons fill our lives with suffering, and unhappiness.

A cockerel, snake and a pig represent what are often referred to as The Three Poisons. 
The cockerel is greed, the snake is hatred and the pig is ignorance

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I believe this Election was won largely based upon negative emotions, including a large dose of apathy on the part of many who ought to be ashamed they let this happen, and doubly ashamed of letting Trump get away with a campaign based upon ignorance, fear and greed. 

Unfortunately, it may take a long time for America to recover from this gross lack of collective wisdom. But, let's hope we do without bringing on more grief than we -and the world - can handle.

It is well known that emotional appeals have a time advantage over more rational arguments. We can see this demonstrated everyday. Maybe it would be helpful to examine this simple phenomenon from an ancient perspective, including the Greek Philosophers and Buddhist Scholars.

Emotion, in everyday speech, is any relatively brief conscious experience characterized by intense mental activity and a high degree of pleasure or displeasure.

Destructive emotions and Their Antidotes

Greed/Attachment - Generosity

Anger/Aversion - Compassion

Ignorance - Wisdom

Several years ago, when I was just starting to study Buddhist philosophy, I learned about these negative traits and fundamental evils that are called the three poisons. 

Fortunately, I also learned these also have antidotes; meaning if we are aware of the causes of the Three Poisons, we can counter them with three effective cures, but first, we must become aware!

Sometimes pride and jealousy are added, with pride being a combination of ignorance and attachment, and jealousy a combination of attachment and aggression.

Plutchik's Wheel of EmotionsRobert Plutchik's theory says that the eight basic emotions are:

• Fear → feeling afraid. Other words are terror (strong fear), shock, phobia

• Anger → feeling angry. A stronger word for anger is rage.

• Sadness → feeling sad. Other words are sorrow, grief (a stronger feeling, for example when someone has died) or depression (feeling sad for a long time). Some people think depression is a different emotion.

• Joy → feeling happy. Other words are happiness, gladness.

• Disgust → feeling something is wrong or dirty

• Trust → a positive emotion; admiration is stronger; acceptance is weaker

• Anticipation → in the sense of looking forward positively to something which is going to happen. Expectation is more neutral.

• Surprise → how one feels when something unexpected happens

• Anger, opposite calmness (not feeling excited).

• Friendship, opposite enmity (feeling hate)

• Fear, opposite courage (having no fear)

• Shame, opposite confidence (shame: how one feels about one's past bad actions or thoughts; shamelessness: one does not feel shame, but others think one should.)

• Kindness (benevolence), opposite cruelty (kindness: when people are good to other people)

• Pity (when people feel sorry for other people)

• Indignation (feeling angry because something is not fair, such as undeserved bad fortune)

• Envy, jealous (pain when people have something that one wishes for oneself)

• Love, a strong emotion of attachment one feels for someone else. Ranges to family, pets, friends, boyfriend/girlfriend/wife/husband.

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Emotions are what drive us and what drive us astray. You cannot persuade without understanding them well.

This leaves us with four "basic" emotions, according to another study: happy, sad, afraid/surprised, and angry/disgusted. 

It is common to think that emotions interfere with rational thinking. 
Plato described emotion and reason as two horses pulling us in opposite directions. 
Modern dual-systems models of judgment and decision-making are Platonic in the sense that they endorse the antagonism between reason and emotion.

We are persuaded by reason, but we are moved by emotion. Several studies conclude that up to 90 percent of the decisions we make are based on emotion.

Unfortunately, this seems all too true regarding the American public's selection of Trump as the most important elected official in the world!
God help us, and may God save the United States of America from the dangers of hate, greed and ignorance.

That is my fervent wish for us all, and the World....

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US Constitution: A Mix of Six Fixes

After an almost 8-month hiatus from publishing any blog, I must proclaim any rumors of my demise are premature.

Now, after several months of reading and study, I especially recommend a short, clearly written book by former US Supreme Court Justice John Paul Stevens, entitled ‘Six Amendments: How and Why We Should Change the Constitution’.

Of the the six proposed Amendments; 'the first four would nullify judge-made rules, the fifth would expedite the demise of the death penalty, and the sixth would confine the coverage of the Second Amendment to the area intended by its authors’.

Because each suggested 'fix' is explained in terms of its judicial history - and the entire US Constitution appears as an Appendix - understanding Justice Stevens' arguments is readily facilitated.

Also, the 'fixes' suggested are relatively terse, fitting easily into existing Constitutional context. 

1. The "Anti-Commandeering" Rule

FIX: The Constitution should amended by adding four words to the Supremacy Clause in the second paragraph of Article VI, to wit:

"This Constitution, and the laws of the United States which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges and other public officials in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."

2. Political Gerrymandering

FIX: The Constitution should amended by adding the following paragraph:

“Districts represented by members of Congress, or by members of any state legislative body, shall be compact and composed of contiguous territory. The state shall have the burden of justifying any departures from this requirement by reference to neutral criteria such as natural, political, or historic boundaries or demographic changes. The interest in enhancing or preserving the political party in control of the state government is not such a neutral criterion.”

3. Campaign Finance

FIX: The Constitution should amended by adding the following paragraph:

[in part prompted by concerns with the chain of US Supreme Court decisions leading up to “Citizens United’]:

“Neither the First Amendment nor any other provision of this Constitution shall be construed to prohibit the Congress or any state from imposing reasonable limits on the amount of money that candidates for public office, or their supporters, may spend in election campaigns.”

4. Sovereign Immunity

FIX: The Constitution should amended by adding the following paragraph:

“Neither the Tenth Amendment, the Eleventh Amendment, nor any provision of this Constitution, shall be construed to provide any state, state agency, or state officer with an immunity from liability for violating any act of Congress, or any provision of this Constitution.”

5. The Death Penalty

FIX: The Constitution should amended by adding five words to the text of the Eighth Amendment, to wit:

“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments such as the death penalty inflicted.”

6. The Second Amendment (Gun Control)
FIX: The Constitution should amended by adding five words to the text of the Second Amendment, to wit:

“A well-regulated militia, being necessary to the security of a free State, the right of the people to keep and bear Arms when serving in the militia shall not be infringed.”

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Now that we know what fixes are needed, all we have to do is to convince Congress to allow state ratification of these changes. Just a little detail......

Elections Thoughts

For some time, I've felt a declining joyousness about our local elections process and the growing obstacles that threaten it, but today's local results have helped reverse that trend.

Even though about 5000 ballots remain to be counted and certification isn't until 1/26, I'm happy with the direction Whatcom County voters have taken, to wit:

• All four progressive candidates for County Council lead by substantial margins
     [Weimer, Mann, Browne, Buchanan]

• Both progressive candidates for Port of Bellingham Commission also lead
     [McAuley, Kowalczyk]

• Two first-time City Council candidates, both young women, have wide leads
     [Vargas, Murphy]

• Initiative 517, another Tim Eyman exercise, is failing statewide
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Despite all that is right in our system, there are some glaring flaws that need to be fixed to ensure that principles of fairness, equity and openness are always evident.

Here are a few:

• The Citizens United SCOTUS decision that corporations are persons and money is speech needs reversing!

• PACs and other corporate gimmicks badly need the -timely- light of day

• The role of 'outside' money in local elections needs serious questioning

• Gerrymandering needs to be curtailed by redistricting to ensure no 'safe' seats

• Notwithstanding the 1st Amendment, political speech needs to be more accurate and truthful, especially in mass media and mass mailings

• Candidates should agree, in advance, to attend Forums and answer Questionnaires to demonstrate their comprehension and explain their positions on Issues

• PDC [Public Disclosure Commission] rules and guidelines need to be strengthened and enforced

• Wider voter awareness and participation

There are probably other flaws that need fixing, too.
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Today's Gristle is a good read that weaves some political contemporary history into these latest election results.
Don't you agree that the incoming County Council ought to address the egregious current Planning Commission very soon?
I believe new appointments such be undertaken as a first order of business, in the interest of decent planning in compliance with the Growth Management Act!
That would give reasonable certainty for all citizens, plus reduce the unnecessary costs of continuing to deny that GMA guidelines need to be followed.

Coal: History Has A Way Of Repeating Itself.

"Everything secret degenerates, even the administration of justice; nothing is safe that does not show how it can bear discussion and publicity." - Lord Acton

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Excellent reports of the public meeting at Bellingham High School held on Tuesday, March 20 were published in the Herald [John Stark] and Crosscut [Floyd Mackay]. Also, a Snohomish County blog has picked up coverage. Together, these summarize the status of the project as viewed by officialdom; which means everything written or spoken before this moment in time must be repeated again -in writing- to become part of the official record.

Imagine that! All that has gone before merely prepares for what must come next. If that sounds a little redundant or convoluted, it may be, but the rules applies anyway if public input is to be considered. So be it.

Since I've already written down most of my remarks and references made to date, I might be almost abreast of this game, providing the designated officialdom accepts my e-mailed list of URLs. And, if they don't, there will need to be many e-mails with miles of text to send into the yawning maw of bureaucracy. You know I WILL do it, don't you? So, that history will repeat itself, too. I will print a list at the bottom for my own public record.

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Does anyone really believe the proposed GPT project ought to be simple to decide upon?

Should it be of such limited scope that it confines itself to the 250 acres of property and the proposed wharf site? Shouldn't all the roads, towns, people and nature along the long railroad rights-of-way and shipping lanes be considered?

And, is this 'debate' really about jobs? Which jobs? Those in China?

Or, is it mostly about the shortsighted greed of a few FATCATS?

And, what about the costs that get excluded from the so-called EIS, like serious mitigation for the created safety, health, nuisance and property value problems GPT would cause? Would these be externalized for assignment to 'others' - meaning taxpayers, property owners and financially strapped local governments?

I'm afraid these words uttered in 1932 by FDR at the Commonwealth Club are what the proponents want:

"The profits go to companies, and the debt goes to the people"

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Here's my list of blogs on this subject:

Coal: HamsterTalk Blogs from March 27 thru March 23, 2012

Here are 27 previous Blogs with a 'Coal' label written from March 27, 2011 through December 30, 2011 on HamsterTalk

1. Those Thrilling Days of Yesteryear... Sunday, March 27, 2011

2. Coal Terminal: Mayor's Listening Session Wednesday, June 1, 2011

3. Good Mornin' America, How Are Ya? Wednesday, June 8, 2011

4. Climatology: Natural Science or Political Science? Saturday, July 9, 2011

5. Making Tracks To Where? Friday, July 15, 2011

6. Coal Terminal: A Pit & Pendulum Exercise? Thursday, July 21, 2011

7. Coal Terminal: Trains & Infrastructure Saturday, July 30, 2011

8. Coal Terminal: Bulk Carriers & Kayaks Sunday, July 31, 2011

9. Coal Terminal: Update on Developments Monday, August 1, 2011

10. Coal Terminal: Another Update Tuesday, August 2, 2011

11. Coal Terminal: Playing Defense Wednesday, August 3, 2011

12. Coal Terminal:Whatcom Watch Remembers Cherry Point Agreement Thursday, August 4, 2011

13. Coal: A Global Perspective Thursday, September 1, 2011

14. Coal: Floyd McKay's Latest Crosscut Article Wednesday, September 28, 2011

15. Coal: Green versus Gold? Wednesday, October 19, 2011

16. Coal: The Role of Politics Wednesday, October 19, 2011

17. Coal: National Geographic Article Friday, October 21, 2011

18. Coal: NPR Weighs In With Two Articles Thursday, October 27, 2011

19. Big Coal meets Cherry Point's tiny herring Friday, October 28, 2011

20. Coal: Where Does Bellingham Really Stand? Sunday, October 30, 2011

21. Coal: Location, Location, Location - For Whom? Monday, October 31, 2011

22. Coal: What Does Lake Whatcom, Waterfront Redevelopement & The Olympic Pipe Line Have to Do With It? Thursday, November 3, 2011

23. Coal: Possible Good News? Thursday, November 10, 2011

24. Energy: Update On Coal, Oil & Other Fossil Fuel Projects Wednesday, November 16, 2011

25. Impacts: Coal Versus Oil Sands Thursday, November 17, 2011

26. Trains: 'Here's Mud In Your Eye'Thursday, December 15, 2011

27. Coal: Why Can't We Citizens Have A Strong Voice? Friday, December 30, 2011

28. Coal: Specific Actions Bellingham Must Take Sunday, January 1, 2012

29. Coal & Climate Friday, January 27, 2012

30. Constitution, Corporations & Coal Wednesday, February 22, 2012

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Constitution, Corporations & Coal

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Only a virtuous people are capable of freedom. - Benjamin Franklin

No free government can stand without virtue in the people, and a lofty spirit of patriotism. - Andrew Jackson

Virtue may be defined as the love of the laws and of our country. As such love requires a constant preference of public to private interest, it is the source of of private virtue... A government is like everything else: to preserve it we must love it... Everything, therefore, depends on establishing this love in a republic. - Thomas Jefferson

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Here in Bellingham, we are focused on Coal and the proposed export terminal at Cherry Point.

Behind this proposal are Corporations that stand to profit from this venture, despite any concerns expressed from the local community.

But, behind that is the Constitutional interpretation expressed only last year, that Corporations are People, and that Money represents Speech.

At what level should any of these nested -and cascading- ideas be opposed?

The answer is at ALL levels.

Of course, ultimately the most effective level is the latter, the Constitutional level.

It does take more time and effort, even though in the end solving that problem would have the effect of helping to solve a myriad of multiple problems.

But, there is a way to attack all three levels of problems, individually and collectively, which is the subject of this blog.

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Finally, a great book has appeared that offers clear and achievable ideas and effective actions that we can take as citizens to put some things straight again in this country:

Corporations are not People by Jeffrey D Clements

My wife, Joan, obtained this book through Truthout and gave it to me to read, for which I am thankful.

This is by far the best analysis and simple action plan I've yet to read about doing something positive about correcting some basic problems that threaten the very foundations of our republican form of democratic government.

It actually gives me hope!

Of course, the actions suggested will take work, but they hold the promise of having us -the public- in control of very important changes most of us already wish to make in our government.

Below, is a quick summary of the three steps the author suggests, all of which are positive steps in their own right.

Taken together, they would go a long way toward correcting the excesses in lobbying, elections, tax fairness, bail-outs, financial regulation, outsourcing jobs overseas, corporate accountability, campaign finance, wage equity, corruption of public officials, crony capitalism, and the undue influence of transnational corporations on society, the environment and local governments.

To me, as well as many others -including libertarians, 'Tea Party' supporters, Occupy protesters and others- those actions are both necessary and overdue, yet Congress continues to be paralyzed to act in any meaningful way!

If, for other reason, its time for the public to assert its power and get these things to be part of a serious national discussion, with definitive action as the end result.

That public effort alone can give Congress and the Supreme Court the clear direction they so desperately need to get us back on the honest track our Founders intended.

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• First and most important, we need to work for the 28th amendment to the Constitution, a People's Rights Amendment, to reverse Citizens United and corporate constitutional rights.

• As the second step, we must insist, rather than beg, that corporations actually serve the public interest. Corporate law should ensure that corporations do not really take benefits from the public; they must also fulfill duties to the book.

• Third, we need to make election and lobbying laws that punish, rather than reward, corrupt crony capitalism and bribe-based politics.

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Here's the proposed Amendment XXVIII:

Section I. We the people who ordain and establish this Constitution intend the rights protected by this Constitution to be the rights of natural persons.

Section II. The words people person or citizen as used in this Constitution do not include corporations, limited liability companies, or other corporate established by the laws of any state, the United States or any foreign state. Such corporate entities are subject to any regulation as the people, through their elected state and federal representatives, deem reasonable and are otherwise consistent with the powers of Congress and the States under this Constitution.

Section III. Nothing contained herein shall be construed to limit the people's rights of freedom of speech, freedom of the press, free exercise of religion, and all such other rights of the people, which lights are inalienable.

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While it may not be immediately obvious how such a short and clear Amendment might be effective, here is my take;

The Citizens United decision early last year by the US Supreme Court essentially culminated a long campaign by corporate interests that determined -by a 5-4 margin- that corporations are people and money is speech.

Those remarkable expressions simply defy reality to me!

In fact, they are so ridiculously Orwellian that its hard for me to believe that our highest court could have made such a decision.

But, they did. And now we're stuck with the results, at least until we can get their attention in no uncertain terms.

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Great corporations exist only because they are created and safeguarded by our institutions; and it is therefore our right and duty to see that they work in harmony with these institutions. - Theodore Roosevelt

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Here are some links that are helpful in revealing resources available to aid this cause:

About Citizens United:

http://www.freespeechforpeople.org

http://storyofstuff.org/citizensunited

http://www.murrayhillincforcongress.com

http://www.asbcouncil.org

http://www.businessfordemocracy.com

http://www.amiba.net

The Constitutional Amendment Campaign & the People's Rights Amendment:

http://www.corporationsarenotpeople.com

http://www.freespeechforpeople.org

http://www.businessfordemocracy.com

http://www.movetoamend.org

http://www.pfaw.org

http://www.citizen.org

http://www.democracyisforpeople.org

http://www.commoncause.org

http://www.united4thepeople.org

http://www.prwatch.org

http://www.corpwatch.org

http://www.sourcewatch.org

http://www.wethepeoplecampaign.org

Corporate Charter Reform & Corporate Accountability:

http://www.corporationsarenotpeople.com

http://www.freespeechforpeople.org

http://www.prwatch.org

http://www.corpwatch.org

http://www.sourcewatch.org

http://www.corporatepolicy.org/

http://www.greenchange.org/

http://www.bcorporation.net/

http://www.reclaimdemocracy.org

http://www.poclad.org

http://www.celdf.org

http://www.corpethics.org

Corporations for the 21st Century:

http://www.asbcouncil.org

http://www.bcorporations.net

http://www.svn.org

http://www.ceres.org

http://www.newvoiceofbusiness.org

http://www.slowmoney.org

http://www.mainstreetalliance.org

http://www.amiba.net

http://www.newrules.org

http://www.livingeconomies.org

Cleaning the Swamps: Campaign Finance & Lobbying Reform:

http://www.publicampaign.org

http://www.demos.org

http://www.commoncause.org

http://www.citizen.org

http://www.campaignlegalcenter.org

http://website.informer.com/fightwashingtoncorruption.org

http://www.opensecrets.org

http://www.lmv.org

Other Resources:

http://www.acslaw.org

http://www.equaljusticesociety.org

http://www.brennancenter.org

http://www.theusconstitution.org

http://www.transpartisancenter.org

http://www.constitutionparty.com/

http://www.thealliancefordemocracy.org/

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Agenda 21: Common Sense Under Suspicion?

Government is not reason; it is not eloquent; it is force. Like fire, it is a dangerous servant and a fearful master. - George Washington

When one side only of a story is heard and often repeated, the human mind becomes impressed with it insensibly.

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Today's Herald -again- carried an article describing how off-base Whatcom County has become in its latest sorry attempts at rigging GMA policy toward those same 'special interests' that have been, for years, usurping responsible government for their own selfish purposes and agendas.

That the County Council has been in the thrall of certain development interests is not news, but the actual extent of that rip-off is only now being revealed, which continues a pattern of willful deception that is destructive to both good government and the overall best interests of its citizens.

But, even with such directly incriminating evidence, some are still in denial that anything wrong has been done! Now, THAT is sadly, truly troubling, because it brings to mind the fact that we are electing people whose minds are either being controlled by ideology, or who are appallingly susceptible to persuasion by certain misguided elements in our County government, or its influential advisors.

Could our County Council's problem with responsible growth management be related to the so-called 'Tea' Party and its sometimes very strange ideas?

This Crosscut article relates similar stupid mind-sets to a strange movement against the so-called UN 'Agenda 21', a recommendation for sustainable development.

If so, that thinking is stranger than strange, and actually counterproductive to what most rational people would consider good sense!

When a people decide upon self governance, that's something of a miracle in itself; but when certain misguided segments of the population then attempt to hijack what most willingly accept as simple common sense in every one's best interest, that's stupid at worse and problematic at best.

Don't you think that such thinking needs to be reasonably justified and held accountable?

It would be very interesting to hear a cogent argument against reasonable growth planning; one that would rationally explain a few things, like why reserving farmland and open space is a bad idea, or why concentrating population, schools and business doesn't make sense, or why providing mass transit options to private transport isn't worthwhile. Aren't those things basic to prudent economic governance?

While I'm certainly open to such explanations and sincerely want to hear them, pardon my doubt since such arguments do seem so ridiculously counter intuitive.

Fortunately, there is room for considerable diversity in our country, including a certain amount of selfish self interest, but how much utter stupidity can we tolerate and still call ourselves an educated country which presumes to leadership in the free world, as well as preservation of our own basic freedoms, so presciently given us by our founders?

Alternately, perhaps those so enamored of their private 'rights' can tell us of other places where such an excess of aberrant thought has been successful over time. I sincerely hope that these folks constitute such a minuscule minority that most citizens would view them as am tempted to do; ignore them as the willful crackpots they are.

More troubling is the possibility that some who subscribe to these thoughts have actually managed to become officials, either elected or appointed, who profess to serve us here in Whatcom County- the fourth corner of sanity!

That of course, would explain some part of the silly GMA dilemma we now find ourselves embroiled in, thanks to the devious, backward and ridiculous policies that our recent and current County Council have saddled us with to our great misfortune!

Is it really possible that some misguided souls really do believe the United Nations is to blame for our problems? If so, perhaps they would agree to illuminating us into their reasoning by means of some convincing proofs.....

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Q.E.D. is an initialism of the Latin phrase quod erat demonstrandum, which translates as "which was to be demonstrated". The phrase is traditionally placed in its abbreviated form at the end of a mathematical proof or philosophical argument when what was specified in the enunciation — and in the setting-out — has been exactly restated as the conclusion of the demonstration.[1] The abbreviation thus signals the completion of the proof.

Q.E.D. is sometimes jokingly claimed to abbreviate "quite easily done". Q.E.D. can also be used to ridicule the specious reasoning of another person by mockingly attaching it to the end of a poor argument, which was not in fact successfully demonstrated or presented.

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Since our illustrious Whatcom County Council - in a unique reality of its own - seems to have conjured its own solutions without appreciably understanding the real problem of growth management. Perhaps, this can be partially explained -or confused- from Six Characters In Search Of An Author (by Luigi Pirandello 1921);

There is a body of ideas by now universally denominated 'Pirandellian', and here is the Maestro attempting to compress them into half a dozen lines:

…the deceit of mutual understanding irremediably founded on the empty abstraction of words, the multiple personality of everyone (corresponding to the possibilities of being to be found in each of us), and finally the inherent tragic conflict between life (which is always moving and changing) and form (which fixes it, immutable).

If this sounds a bit crazy, it may be, but no more so than do our Councillors, in real life!

They seem all too willing to substitute their own agenda for that adopted by the people of WHATCOM COUNTY, the State of Washington, and good sense, in general.

Under such circumstances, what are our remedies as citizens, other than lawsuit, recall, or voting them out of office? It has been obvious that they are resistant -even deaf- to reasonable arguments and appeals to their better judgement, at least until now. This situation would be laughable, if it were not so appallingly stupid -and costly to taxpayers!

I call upon our new County Executive to take this matter under serious advisement, and to demand that proper procedures and competent directions be given to those Council members who so obviously need it!

If they are to serve the public, they need to respect the public with proper education, understanding, discourse and decision-making. Otherwise, why are they there?

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Coal: Why Can't We Citizens Have A Strong Voice?

This article appeared in today’s paper and was forwarded to me:

Dec, 30, 2011

Activists plan initiative to outlaw coal trains in Bellingham

JOHN STARK / THE BELLINGHAM HERALD

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BELLINGHAM - Ever since the plans for SSA Marine's coal shipping terminal at Cherry Point became public, city officials have been saying that they would have no direct control over the coal trains that would pass through the city if Gateway Pacific Terminal is built.

A new citizens' group plans to change all that, but they seem to face overwhelming legal odds.

Rick Dubrow, owner of A1 Builders, is one of the key organizers of a new political action committee called No Coal! On Jan. 26, Dubrow said the group will make public its draft of a proposed new city ordinance that would prohibit any transport of coal through Bellingham by rail or any other means.

In conventional legal terms, that doesn't seem to make much sense. The federal government regulates the interstate rail system, and BNSF Railway Co. has a legal right of way through the city. BNSF spokeswoman Suann Lundsberg said federal law requires the railroad to ship coal and other legal cargoes that shippers want to move via rail.

But Dubrow and Stoney Bird, a former corporate attorney working with the Bellingham group, say they are setting out to establish some new legal groundwork that would put the rights of communities and ecosystems on equal or greater footing with the rights of railroads and other corporations.

They are taking their cue from the Community Environmental Legal Defense Fund, which was involved in a successful 2010 effort to get the Pittsburgh, Pa., City Council to ban fracking for natural gas within the city limits.

On its website, that group's activists argue that existing environmental regulations do little more than slow the pace of ongoing environmental destruction. They envision a legal system that would recognize something they call the Rights of Nature.

In Pittsburgh, the council adopted a proposed anti-fracking ordinance without a citizen vote. Dubrow said he and his group would be open to that approach in Bellingham, as long as the council would be willing to pass their proposed ordinance as is.

"We don't want to give them (council members) the freedom to edit it,' Dubrow said. "We hesitate to allow editing because of the complexity of the legal aspects of the ordinance."

The group is also prepared to launch a petition drive to get the measure on the ballot if it comes to that, Dubrow said.

If such a petition drive were successful, BNSF or SSA Marine could challenge the initiative in court before a public vote is held. In the recent anti-traffic-camera initiative case in Bellingham, American Traffic Solutions went to court to get the initiative off the ballot. The courts eventually allowed the initiative to stay on the ballot, but judges ruled that it was not legally enforceable. Camera opponents are appealing.

In 2000, citizens collected enough signatures to get a referendum challenging a cut in Georgia-Pacific Corp.'s industrial water rates onto the ballot. But then-Mayor Mark Asmundson and the City Council refused to act on the matter, on grounds that prior court cases had clearly established that water rates were not subject to a public vote. Backers of the referendum expressed outrage but did not take the city to court, and no vote was held.

In 2001, a pro-business group tried to use a city referendum to challenge hefty new city storm water fees, but Whatcom County Superior Court Judge Steve Mura accepted city attorneys' argument that city utility rates were not subject to public vote. Mura's ruling kept the matter off the ballot.

Craig Cole, an SSA Marine spokesman, had little to say about the No Coal! ordinance plan. In an email, he indicated that railroad operations are beyond the scope of city authority.

"Such matters are governed by federal and state constitutions and laws," Cole said.

Reach JOHN STARK at john.stark@bellinghamherald.com or call 715-2274.

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Personally, I'm glad this is happening, legalities notwithstanding.

Our community needs to step up and make itself heard on this controversial issue; indeed if we don't, who will?

My perspective is that of someone who has confronted matters like this one from the side of a concerned citizen, as well as an elected official whose term of office encompassed the cases cited -namely the water rate referendum and the storm water complaints.

In both instances, I heard the arguments pro & con, then decided what decision ought to have been made.

The water and storm water rates were clearly necessary to make the respective utilities sustainable, and also clearly the City Council's responsibility to decide. But, we did listen to citizen complaints and also appreciated the dialogue that was generated, because that was important to understand before a final decision was made.

The water rate 'issue' wasn't just about the GP process water rates, either; it was about two things -setting a less complicated formula for determining the GP rate [which was actually higher than the old one, not less] and responding to pressure from a public initiative to increase treated water rates in order to help protect Lake Whatcom, our drinking water RESERVOIR.

Neither the referendum or the initiative passed, but the latter raised public awareness enough for the Council to decide later to raise water rates by $5 per month [versus the $12 per month advocated by the initiative].

The storm water rate increase was necessary by State & Federal mandate, once the City decided to adopt new rules to cover not only flood and erosion damage, but treat pollution as well. Additionally, had the new storm water rates NOT been adopted, the impacts to the existing street funds was substantial, since the costs of storm water management were being simply deducted from those limited funds.

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As far as Federal or State jurisdiction over local matters is concerned, the City of Bellingham, by taking the strong stand it did, was able to influence significant changes to safety regulations for Pipe Lines, both intra-state and inter-state, despite the claims of the Olympic Pipe Line Company, whose liquid petroleum products pipeline ruptured in its Right Of Way [through City property], and spilled toxic fuel into Whatcom Creek that resulted in the terrible explosion that killed three young people and caused much damage to property, the environment and social confidence.

So, don't tell me citizen outrage doesn't work!

It does work, but it shouldn't take a major catastrophe to prove it.

That is what much of the concern over coal trains & terminal is about; preventing terrible things from happening BEFORE THEY DO.

That is called simply the Precaution Principle, and it was early expressed by none other than our Founder, Ben Franklin, who put it this way; 'a stitch in time saves nine'.

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I believe a strong expression of concerns -the more explicit the better- must be voiced by citizens so it can be heard and acted upon by our local elected leaders, namely the Mayor and City Council.

The earlier this happens, the better.

And the oftener it happens is also better.

The last thing we want to do as citizens with legitimate concerns is to keep quiet about them, leaving such 'external' decisions to a vague 'other' that prefers the comfort of status quo!

So, yes, I will support any well-conceived initiative that comes forth on this 'inconvenient' subject, and I will encourage our new Council and Mayor to do nothing less, notwithstanding any 'legal; arguments to the contrary.

If folks want to sue us or the City, let them sue!

This nasty subject needs to be dragged out into the arena for resolution in the sunshine, not in some dark place remote from us and our families.

And, if the judges should rule against it [us], we will then need to redouble our efforts to change these present 'legalities'.

If I am more than willing to suffer some 'inconvenience' over this matter; how about you?

So, answering the question in the title; 'we can if we will'!

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This article on a related matter seems to chill the atmosphere regarding whether Federal or State rights & regulations prevail.

And, I'm sure that was the intent in seeking the judgement in question; to put 'corporate citizens' in charge of what can be done in the State of California.

California has huge and diverse problems, many of its own making, but fortunately it has also taken strong and progressive leadership in protecting its air, water and earth from continued poor stewardship from those who create these harms in the name of 'business'.

Thank goodness for California's lead in changing fuel economy and quality standards that have succeeded in changing the way corporations, institutions and people conduct their business! Without it's lead, do you think the Federal government would have done much on its own?

Air pollution got so bad in the LA Basin that it was affecting everyone's business -including their health- so much that something had to be done!

Now, years later, LA air is better; but it took strong action years ago to effect that change.

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One last thought before this ends; if corporations have rights, do these include doing whatever they want, as much as they want, whenever they want and wherever they want?

What limits apply?

Do these claimed 'rights' extend beyond their own rights-of-way and property to the property, space and environment of those other citizens - people?

How about public property; like transportation systems and networks, waterways, airways and the like?

Where exactly do corporate rights end?

Aren't corporations supposed to provide public good? If so, how much? How much harm?

I'm only asking because something doesn't feel right about the arguments I'm hearing from the Coal proponents.

No, not right at all!

If I'm wondering, maybe others are experiencing the feeling, too.

And, maybe -just maybe- others will be willing to extend their wonderment into something more tangible; like action?

Citizens inherently do have strong voices; they just have to use them!

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