Environment

Environment

We are accustomed to describing where we live based on manmade designations — a street, a city, a state, a country – which allows us to locate a certain place. But how often do we consider our relationship within an ecosystem and the factors that impact the environment, and in turn, the ecosystem and us.

The words environment and ecosystem may seem like they mean the same thing but they are very different, although related. Environment is the surroundings where life exists, both natural and manmade. An ecosystem is a complex network of living organisms and their physical environment, and the relationship between these living things and their environment. Ecosystems exist in all sizes, at all levels. What impacts the environment, whether by natural causes or manmade, can dramatically alter the balance within an ecosystem. This may create a domino effect, upsetting the balance within other ecosystems. Ecosystems Explained in 60 Seconds

We all impact the environment at some level, but industrial scale projects have the potential to have the greatest impact. So, how do we protect the air, water, earth and life that surround us? What laws exist to protect the environment; how can we in our communities protect the environment?

The United States was established as a democratic republic. The people decide, but they typically do so through elected representatives and the court system, although there are some situations where citizens have the right to direct democracy.

When citizens want more stringent requirements over an industry or try to say “no” to a proposed industrial project, they too often find they have no authority in the decision-making process. Why?

Preemption

The use of state law to prevent laws at the local level. Local laws could require more restrictive measures over industries or prevent them from locating in a community. State legislatures have become more aggressive in their use of preemption in recent years. This is due in part to lobbying efforts by powerful special interests and single party dominance in many state governments.

Corporate Privilege

Over a number of years, corporations, which are legally created concepts, received court-conferred constitutional “rights.” Today, corporations have the right to free speech, freedom of religion, Fourth Amendment privacy rights, due process, equal protection, and property rights. They use these “rights” against communities to eliminate local efforts that may interfere with an industry’s plans.

Regulatory Agencies

these agencies regulate/legalize the amount of harm that is allowed in communities and the environment. The state legislature is responsible for creating laws. How a bill becomes a law in Ohio State agencies, like the EPA or Department of Agriculture, adopt rules to carry out the policies and intent of laws passed by the state legislature. Citizens may not be involved in the creation of the regulatory program, of if they are, special interests have more power over the creation of the regulations than citizens. The needs of industries too often take precedence over the concerns of communities and the environment. If these concerns aren’t part of the regulatory requirements, they are meaningless in the permitting process, regardless how critical they may be to the community or the environment or whether the number of comments submitted by the public is significant.

Nature / Ecosystems as Property

Under existing law, nature is considered property and has no standing under law. While corporations have been given “rights” through the court system, nature has none. Something that is considered property gives the owner the right to use it, even in ways that could cause harmful impacts to an ecosystem or its ability to exist.

The tristate area over the Michindoh aquifer system continues to experience the growth of industrial scale livestock and poultry operations. We know attempts to privatize and commodify the Michindoh Aquifer will continue. These types of industrial scale projects have drawn overwhelming opposition, yet state legislatures continue to prevent local communities from having any local control over these issues while they fail to consider the imbalance of power in legal status between corporations and nature. The impacts to the environment from these industrial activities can have far reaching consequences due to the interconnected nature of ecosystems. On a larger ecological scale, the tristate area is part of the Maumee River watershed, which drains into the western basin of Lake Erie, which is part of the Great Lakes ecosystem, which is linked to many other ecosystems. What we do to nature, we do to ourselves.

Industries requiring large amounts of water, like data centers, will look to places like the Michindoh Aquifer area to supply their needs. Laws must be changed to allow communities to protect themselves and the environment from harm. The health and welfare of the community and the environment should take precedence over corporate profits. How this can be accomplished continues to be a struggle under existing law.