While searching “electric lawn service near me,” I found this CNN story from 2000 miles away that describes an eco-village sold down the river by the new owner of the land.

It is very unfortunate that the original developer didn’t get any guarantees that a buyer would maintain the fossil-free commitment written into the sale documents. Nonetheless, I think a creative and skilled attorney could make a number of different legal arguments that could force the developer to honor the agreement. Could the Environmental Defense Fund? perhaps take this on? It would be a great precedent to say that a community developed specifically as an eco-community could not then be put at the mercy of eco-hostile development.

As a non-lawyer, all I can do is speculate about the arguments a lawyer might use to block the conversion of the acquired parcels to fossil fuels (I have no idea if any of these would hold up in court and I am not presenting this as legal advice). Arguments could be made about such harms as

  • Introducing new health risks (especially to children)
  • Negative progress on climate that goes against International, US,Colorado, and neighborhood climate goals
  • Adverse possession (a doctrine that gives rights to squatters in certain circumstances)
  • The deliberate destruction of a cohesive intentional community
  • And of course, about consumers’ rights: this could clearly be seen as bait-and-switch: buying into a community with a stated purpose, and having that purpose violated, even shredded.

After all, a group of children have sued for climate justice, and the US Supreme Court recognized that their suit had validity (there have been many conflicting decisions on this case, however).

But the courts aren’t the only recourse. I do know something about organizing movements, and these neighbors should be organizing a movement. To list a few among many possibilities, they could be:

  • Organizing mass protests outside the developer’s office
  • Saturating the local paper with letters to the editor and op-eds
  • Enlisting allies in powerful environmental organizations, of which Colorado has no shortage
  • Protesting at the capital in Denver that their rights are being taken away
  • Contacting the press ahead of and after all of these events
  • Physically but nonviolently blocking attempts to connect the pipelines (note: this is illegal civil disobedience and participants might be subject to arrest)
  • Researching obscure laws that might provide tools that can successfully block the connection
  • Organizing boycotts and other public shamings of the developer

Plus, I really have to wonder what the developer is thinking. Eco-friendly homes are in high demand, can often sell for more than the price of comparable fossil-powered homes, and prove a skill set that many homeowners want. After all, people moved from other states just to participate in this community. And forcing eco-hostile housing development into an eco-friendly community is a recipe for public relations disaster and a bad, bad reputation.

Why not simply stop, think about the benefits of keeping this community identity, and use it as a marketing tool? That would make so much more sense than risking ongoing hostility, a ruined reputation and possibly much worse.

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Offshore oil platform. Photo by Freddie Hinajosa
Offshore oil platform. Photo by Freddie Hinajosa

A petition crossed my desk this morning that called for President Obama to unilaterally ban oil exports. Here’s the text:

With the crude oil export ban lifted, oil companies will be pushing to speed the export of fracked crude oil and ramp up production, and we’ll be fighting every step of the way to prevent it. The budget deal preserves a straightforward way to do so: President Obama can declare a national emergency and prohibit exports.

In rejecting the Keystone XL pipeline, Obama acknowledged the need to keep fossil fuels in the ground. In his final year in office, he can still build a positive climate legacy if he prohibits oil exports under the new law and ends new auctions of publicly owned oil, gas, and coal on federal lands as hundreds of environmental organizations and community leaders have petitioned him to do.

I totally agree that oil exports will be a big step backward in the struggle to stave off catastrophic climate change. But not with this method! I not only won’t sign, I’ll work against it, as I’m dong by writing this blog.

I don’t think they’ve thought through the implications here.

This budget deal was a hard-fought compromise where both sides had to give a lot to get anything through. To stab that agreement in the back while the ink is barely dry would be to put a stake through the heart of bipartisan government. It would be, quite frankly, a betrayal. And I would call it unethical.

And the Republicans would not forget, and not let anybody else forget. If you think they beat the drums on Benghazi or Hillary’s email issue, you “ain’t heard nothing yet.” NOTHING that would require Republican cooperation would be passed again, for decades. As we enter into the 2016 campaign, the mantra would be “you can’t trust the Democrats; they betrayed us and they will betray us again.” And this time, they’d be correct.

I’m guessing the consequences would include 12 to 20 years of Republican presidents with veto-proof Congressional majorities. No, thank you! I don’t want to hand them the ability to wreck everything we’ve worked for during the 250 years of our country’s history.

So what can we do instead? So glad you asked. Here are a three ideas (among many other possibilities):

  • Start a massive lobbying campaign aimed at Republicans in Congress. Let them feel big pressure from their own constituents, telling them that climate change is a deal-breaker issue for you at election time, reminding them that the US pledged to make serious climate change progress at COP21 (the Paris climate accord signed earlier this month) and that fossil fuel exports—incompatible with that commitment—are not acceptable. Use the argument that the US needs to be seen internationally as a government that keeps its promises and honors its commitments if we want other countries to work with us. Add a national pressure campaign at the top GOP legislators, those in positions of great power within their own party. Push the Republicans to introduce a ban on fossil fuel exports as if it were their idea. If the Democrats can run with Obamacare, which was based on Republican proposals in the 1990s, why can’t the Republicans steal Democrats’ issues?
  • Turn to the business community for binding pledges NOT to participate in fossil fuel exports. If necessary, pick one company at a time to threaten with boycotts and shareholder resolutions. Organize stock divestment campaigns and large public demonstrations in front of the corporate offices, not just of the targeted company but of any of the “players” if they move forward.  Get a few smaller players to move before going after ExxonMobil.

    Use the stick of negative pressure, but also the carrot of what they could do with that investment money that would build their reputation and their profits while avoiding all this unpleasant controversy. Have meetings with their executives to strategize better ideas.

    Big corporations hate to be seen as enemies of the people and don’t like being in the center of controversy; they’re also risk-averse.

  • (This is probably the hardest one.) Create an international pressure campaign on many fronts: Get foreign governments pledging they won’t accept US oil, gas, and coal. Get the United Nations to pass legislation making fossil fuel exports a crime against humanity. Start international boycotts and pressure campaigns against participating companies. This would not be easy to organize and might also have unintended consequences. The US is an importer of fossil fuels, so this would apply what Naomi Klein calls “the shock doctrine” to the US, forcing a mad and potentially destabilizing scramble to convert a much greater share of the US economy to renewables, and fast. So let’s start with the first two ;-).
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More remarkable for who he is and where he posted than his actual content (which is good but nothing particularly new): it was a pleasant shock to come across this article on Huffington Post making connections between fossil fuels and endangered species by Major General Michael R. Lehnert, recently retired as the Commanding General of Marine Corps Installations West, entitled (somewhat misleadingly) “Top 10 Reasons to Support Clean Energy.”

I’ve known for a few years that the US military has been taking an ever-greater role in sustainability (perhaps to atone for its prior role as one of the worst polluters in the world). Still, it’s exciting when they go public like this.

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The Deepwater Horizon disaster in the Gulf of Mexico shows a number of lessons. Taking them to heart, as individuals, as business people, and as a country, will be crucial. First, four specific lessons from this disaster. Points five and six address our long-term energy future.

1. It is absolutely essential to have tested remedies in place in case of catastrophic failure. BP’s throw-a-bunch-of-stuff-and-see-what-sticks approach would have been laughable, except that it was sickening. It became clear very early on that the company had absolutely no clue how to contain a large oil rupture. You don’t make those experiments after the failure, but well in advance—before you ever deploy any potentially dangerous and highly disruptive technology—you’d darned well know how you’re going to deal with an emergency. And those solutions will have been tested and demonstrated to work. BP clearly had no clue that working a mile underwater was different than working on the surface, and should never have been allowed to operate.

2. Don’t give the fox the keys to the henhouse. Government oversight was spotty, at best, and that led to a situation where BP was allowed to override the good judgment of its own engineers. Enforce the rules we’ve enacted to protect our people and our planet. BP so obviously neglected its responsibility to public safety and environmental responsibility that I wrote a post back in May wondering whether there was a good case to bring criminal charges agaisnt the oil giant.

3. When you take massive shortcuts with safety, when you cut corners in the name of short-term profit, the financial consequences are often more severe than doing it right in the first place. BP will be spending tens of billions of dollars that it could have easily avoided, by spending a few hundred thousand dollars upfront on safety equipment, and by heeding the warnings of engineers who said before the accident that their path was unacceptably risky.

4. Even redundant safety devices can fail. We saw this with the Titanic, with Three Mile Island, and with Deepwater Horizon. Engineers are not always skilled at anticipating how different systems interact, and what happens to a system downline from a system failure.

And now, at the federal policy level…

5. Deepwater Horizon is a wake-up call to move away from centralized, polluting energy technologies. The risk of gathering so much energy in one place is significant, and when catastrophes happen, they happen BIG. There are a dozen reasons why oil (and fossil fuels generally) cannot be the long-term answer. And there are a dozen reasons why nuclear should never have been deployed in the first place, of which catastrophic accident is certainly one. A major nuclear accident would make Deepwater Horizon seem like a leaky neighborhood sewer pipe. There are still parts of the Ukraine left uninhabitable by Chernobyl, 24 years ago—and even that was not as severe as the worst-case accident. We MUST change our economy over to non-polluting, renewable, decentralized technologies such as solar, wind, small-scale hydro, geothermal, and of course, conservation/deep-energy-efficiency retrofits.

6. This should be obvious, but apparently it’s not. All deep-sea offshore drilling needs to be shut down until the appropriate safety measures are in place so that Deepwater Horizon is not repeated. It’s a lot harder to put the genie back in the bottle than to keep it in to begin with.
Long-time environmental activist and Green consultant’s latest book is Guerrilla Marketing Goes Green.

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