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EARTHJUSTICE
Craig Bill in Congress (CNS) Environmental issues are not the reserve of any partisan faction; the preservation of an ecologically sound environment is in the best interests of all living things, regardless of anyone's political partisan affiliation. There is an old adage that basically states that it is improper to soil one's own nest. Ultimately, it's just common sense. But what would happen if we didn't have strong environmental laws on the books... or if citizens had no recourse to enforce those laws, because they are locked out of America's courthouses? The anti-environment lobby -- including multi-national corporate conglomerates, and the politicians and bureaucrats in their pockets -- know the answer. Laws intended for the protection of the environment would become powerless, because through the octopus-like influence of the big conglomerates, they can undermine enforcement of that legislation. For years, industrial conglomerates and multi-national corporations have relentlessly pursued one strategy after another for taking away the most powerful weapons the American people possess for protecting the environment: The law and the right to due process in the courts. The mega-corporate lobby came closer to its goal with the now infamous rider -- an amendment to a 1995 Congressional spending bill -- that exempted the government and the timber industry from having to obey environmental laws. At the time, it barred citizens from enforcing those laws in court. As with all riders, this "Clearcut Rider" was intended to change current laws through the backdoor, without going through the normal legislative process. With the Clearcut Rider, Congress essentially told the timber industry, "For the next year and a half, we'll put all environmental laws on hold and we'll keep the public at bay." The result has been an 18-month "holiday" for the timber industry. National Forests that were full-grown before the Declaration of Independence was signed, fell to the chainsaws. Since the Clearcut Rider expired, Senator Larry Craig (R-ID) and his allies in Congress have been pushing for passage of what has been termed the "Loopholes for Logging" Act. This disastrous legislation also seeks to change current environmental laws in a way that would make logging the DOMINANT use of our National Forests. In essence, handing over the wealth of the nation to a few select private commercial interests. The Craig Bill is a timber industry wish list that seeks to turn National Forest management upside down. If it's allowed to pass this year, there will be no stopping the timber industry from turning OUR National Forests into ITS tree farms. For those who care about environmental protection laws, stopping the Craig Bill is one of the true frontline efforts of the modern conservation movement. The Earthjustice Legal Defense Fund has been engaged in litigation to preserve the common heritage of all Americans, the environment, from despoilment by the industrial and corporate interests that dominate the Congress and the Executive bureaucracies of the Federal and state governments. Just a few of the critical battles the Defense Fund has engaged in right now, to protect the environment we must all live in, extend from Alaska to Florida, and all places in between. In Alaska they are fighting back as the oil and gas interests the Federal Government sold out to, continue their assault on the rich and diverse ecosystem of America's Arctic. In Montana, the Defense Fund is battling powerful gas and oil interests that are arguing that the government should ignore public opinion, and immediately approve oil and gas development in some of our most pristine, remaining wilderness areas and National Forests. In Florida the Fund is fighting the powerful sugar industry over the future of the Everglades, to prevent the permanent damaging of this rare and precious national treasure by sugar production interests, which are intent on delaying crucial clean-up efforts. As in so many instances across America, Earthjustice Legal Defense Fund is arguing not only to protect special and unique natural resources, but also fighting to prevent those who intend on despoiling our natural heritage from establishing dangerous and frightening legal precedents. In critical cases like those just described above, the dedicated attorneys of the Defense Fund go to battle on behalf of hundreds of environmental groups that are struggling to protect the national wealth of the American people. From large organizations like the Sierra Club, The Wilderness Society, and the Natural Resources Defense Council, to smaller local groups such as the Southern Utah Wilderness Alliance and the Chesapeake Bay Foundation, the Earthjustice Legal Defense Fund is providing vital legal assistance in a field of public service that few lawyers contribute time to, because they don't offer the lucrative rewards private practice offers. Make no mistake about it. The industrial and commercial anti-environment lobby is determined to prevent citizens from using the courts to guarantee due process in the enforcement of laws that were intended to preserve the natural heritage of the country. These opponents to environmental protection legislation are so intent on preventing citizens from bringing lawsuits against polluting industries, precisely because such legal actions are so effective in stopping the destruction of our ecosystem, the biological womb which sustains and gives us life. As you may know, the timber, mining, and gas industries -- just to name a few -- have massive financial war chests; platoons of lobbyists, researchers and high-paid corporate-litigation attorneys; powerful and polished public relations departments; and long-standing, cozy relationships with both ruling political parties, the Republicans as well as the Democrats. The polluting industry giants have the influence and the resources to undermine our electoral system, as well as our environmental laws, so they can continue to degrade our environment. In one issue after another, from forests to wildlife to clean air and water, they have used their money, power and influence to gut our environmental laws, as well as our most essential constitutional rights to due process in courts of law. If a man or woman loses the right to stand up in court and demand justice, then all the Bills of Rights in the world will be no remedy to the removal of their most important rights to due process of law. In every case the Earthjustice Legal Defense Fund provides FULL legal representation to those seeking to protect the environment, FREE OF CHARGE. That's why public financial support is so essential. The Legal Defense Fund will never have the financial resources to match the industry giants that are seeking to undermine environmental-protection legislation dollar for dollar, but their ability to invoke the rule of law is the ONLY chance the American people have of leveling the playing field, to provide even a modicum of fairness in the struggle to preserve the natural resources of the United States. In their role as a nonprofit law firm serving the public interest of protecting the environment, the Legal Defense Fund has brought more successful lawsuits to stop pollution and promote environmental protection than any other agency in the country. Opponents of environmental protection are waging a no-holds-barred war to undermine the environmental laws already on the books, and to take away our most essential constitutional ability to ensure that these laws are fully implemented and enforced. Due process of law is the most powerful weapon we have for protecting our precious environment, and the industrial and commercial interests want to take that protection away. They know that they cannot win a genuine debate about the future of America's environment in the court of public opinion, especially as they are responsible for poisoning it. So they're doing everything they can to stack the deck in their favor. All the Earthjustice Legal Defense Fund is insisting on is a FAIR fight, while the opponents of environmental protection legislation are doing everything in their power to make a fair fight impossible. Those who are opposed to environmental protection are afraid to argue their case on its merits in the court of public opinion, because it is impossible to defend the merits of any argument that begins and ends with the fact that they are trying to poison the general public with their practices, all to make a profit. Don't let the opponents of a rational environmental policy win by fighting dirty. It is up to us not to let them get away with it. The law and due process have been our most powerful and effective weapons in defending the integrity of our environment. We, the people of America, have a national interest in never letting them take our rights to due process away! Contact: Earthjustice Legal Defense Fund
SOURCE: Written exclusively by the CNS from materials provided by the Earthjustice Legal Defense Fund, 1 December, 2000. |
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