Asheville’s Climate Bill of Rights
WHO DECIDES? The current structure of law allows corporations to decide what happens in the places we live while we are not invited to the table and have no voice in meaningful decision making.
In 2018 Buncombe County Duke Energy is building two new fracked gas plants. We, the people, had no say in this decision but will have to live with the consequences.
Fracked gas contains 80-95% methane, the most potent greenhouse gas on the planet which is accelerating climate change at an unprecedented rate. Our right to a clean environment is being violated by Duke Energy.
Duke energy, and other large corporations are legalized monopolies, protected by the State, that prioritize corporate profits over their impact on the planet and people. Duke is currently asking us for $1 Billion to clean up the pollution from their coal burning plants but we won’t see a cent of the profits made from either plant. They are socializing their losses and privatizing their profits – all legal under the current structure of law. Asheville Community Rights is working to change the law that shelters corporations from their responsibilities to communities in which they operate.
The Community Bill of Rights is paradigm shifting local level legislation that asserts our rights for local self-governance over those of for-profit corporations. It is a crucial step in building sustainable communities.
The Community Bill of Rights has been passed in 200 communities in the US, we are working to make Asheville and Buncombe County next.
We are working directly with national nonprofit Community Environmental Legal Defense Fund who are spearheading the community rights movement around the country.
Download as a PDF: City of Asheville, NC Climate Bill of Rights 2018
The City of Asheville, North Carolina Climate Bill of Rights and Protections
1.0 _ Findings
Whereas, the 1776 North Carolina Constitution established certain rights that can never be surrendered or confiscated, including these first three provisions in the Declaration of Rights:
I. That all political power is vested in and derived from the people only.
II. That the people of this State ought to have the sole and exclusive right of regulating the internal government and police thereof.
III. That no man or set of men are entitled to exclusive or separate emoluments or privileges from the community, but in consideration of public services; and
Whereas, North Carolina General Statute § 160A-174 (General ordinance-making power) subsection (a) states that “A city may by ordinance define, prohibit, regulate, or abate acts, omissions, or conditions, detrimental to the health, safety, or welfare of its citizens and the peace and dignity of the city, and may define and abate nuisances”; and
Whereas, the same statute, under subsection (b) states: “The fact that a State or federal law, standing alone, makes a given act, omission, or condition unlawful shall not preclude city ordinances requiring a higher standard of conduct or condition. (1971, c. 698, s. 1.)”; and
Whereas, the state of North Carolina has not, in General Statute § 160A-174 or in any other law declared the violation of unalienable rights to be legal, nor would such a statute be legal; so it is resolved:
We the People of Asheville, North Carolina, find that global environmental destruction, which includes degradation to the climate, ecosystems, flora, fauna, land, water, as well as people and communities, constitutes an emergency that threatens our very survival;
We the People of Asheville, North Carolina, find that continued dependence on fossil fuels significantly contributes to global environmental destruction; and therefore,
We the People of Asheville, North Carolina, declare that within the City we have a right to a healthy climate, and that right is violated by the extraction, production, waste disposal, distribution, sale and contracting related to fossil fuels.
2.0 _ Asheville, North Carolina, Climate Bill of Rights
(a) Right of Self-Government. All residents of The City of Asheville possess a right of self-government, which includes, but is not limited to, the following rights: first, the right to a system of local government founded on the consent of the people of the municipality; second, the right to a system of local government that secures their rights; and third, the right to alter any system of local government that lacks consent or fails to secure and protect the people’s rights, health, safety, and happiness.
(b) Right to a Healthy Climate. All residents of the City of Asheville possess a right to a climate system capable of sustaining human societies, which includes the right to be free from all activities that infringe that right, including the installation of any new infrastructure producing or using energy derived from fossil fuels or nuclear fuels, or an increase in transportation, distribution, or consumption of energy derived from these sources. The purchase of and contracting for energy produced by fossil and nuclear fuels by the City shall be deemed a violation of this right, as will any mandate to purchase energy from a particular supplier.
(c) Right to Clean Air, Water, and Soil. All residents of the City of Asheville possess the right to clean air, water, and soil, which includes the right to be free from all corporate activities that release toxic contaminants into the air, water, and soil, including transporting, processing, or depositing of waste from fossil fuel exploration, extraction, production, transportation, development, and distribution, or from nuclear fission power production.
(d) Rights of Ecosystems and Natural Communities. Ecosystems and natural communities within the City of Asheville possess the right to naturally exist, flourish, regenerate, evolve, and be restored, which includes the right to be free from all activities that threaten these rights, including the extraction, processing, production, transportation, investment in or contracting for energy produced with fossil or nuclear fuels.
(e) Right to Protection from Governmental and Corporate Interference. All residents of the City of Asheville and the City of Asheville possess the right to enforce this law free of interference from corporations, other business entities, and governments. That right includes the right of residents to be free from ceiling preemption, because this law expands rights-protections for people and nature above those provided by less-protective state, federal, or international law.
(a) Any business entity or government that willfully violates any provision of this law is subject to a civil penalty in an amount of $ 10,000 per day of violation.
(b) Any business entity or government that willfully violates any provision of this law also must be liable for any damages to an ecosystem or natural community caused by the violation. Damages must be measured by the cost of restoring the ecosystem or natural community to its state before the injury, and must be paid to The City of Asheville to be used exclusively for the full and complete restoration of the ecosystem or natural community.
(c) Ecosystems and natural communities within The City of Asheville may enforce or defend this law through an action brought in the name of the ecosystem or natural community as the real party in interest.
(d) Any resident of The City of Asheville may enforce or defend the provisions of this law in any appropriate court. Any resident, and any ecosystem or natural community, also has the right to intervene in any action concerning this law in order to enforce or defend it, and in such an action, The City of Asheville must not be deemed to adequately represent their particularized interests.
4.0 Direct Enforcement
(a) Direct Action Enforcement. If the City of Asheville fails to enforce or defend this law, or a court fails to uphold this law, any person may enforce this law through nonviolent direct action. “Nonviolent direct action” as used by this provision means any activities carried out to directly enforce the prohibitions of this law.