|To the Editor: ‘Anti-fracking’ amendment is deceptive|
|Written by Dr. James Allen|
|Friday, 25 October 2013 10:37|
I would have signed the petition for anti-fracking if I had a chance. I was ready to vote for the so-called anti-fracking amendment, until I read it. It has little to do with anti-fracking. The word frack is used in the amendment once at my count. This amendment is extremely disappointing. Consider these items that are in the amendment:
a. Right to Pure Water. All people, natural communities and ecosystems in the City of Bowling Green possess a fundamental and inalienable right to sustainably access, use, consume, and preserve water drawn from natural water cycles that provide water necessary to sustain life within the City.
d. Rights of Natural Communities. Natural communities and ecosystems, including, but not limited to, wetlands, streams, rivers, aquifers, and other water systems possess inalienable and fundamental rights to exist and flourish within the City of Bowling Green. People of the City shall possess legal standing to enforce those rights on behalf of those natural communities and ecosystems.
Who can sue on behalf of the ecosystem or natural community?
9. Any City resident shall have the authority to enforce this Charter section through an action in equity. In such an action, the resident shall be entitled to recover damages and all costs of litigation, including, without limitation, expert and attorney's fees. Any person who brings an action to secure or protect the rights of natural communities or ecosystems within Bowling Green shall bring that action in the name of the natural community or ecosystem in a court of competent jurisdiction. Damages shall be measured by the cost of restoring the natural community or ecosystem to its pre-damaged state, and shall be paid to The City of Bowling Green or other applicable governmental entity, to be used exclusively for the full and complete restoration of the natural community or ecosystem.
This amendment goes far beyond anything I have seen. It even gives us the right to enjoy our homes … what does that mean? It even calls BG citizens Sovereign. I can think of only one who is Sovereign.
This amendment is not about anti-fracking, it is about imposing on us a subjective, irrational, and ambiguous amendment that grants to a citizen the right to sue on behalf of an ecosystem. This amendment would be bad for the citizens, commerce, and our community. Vote no on this amendment.
Dr. James Allen
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