The Inspiration for OCERA: Pennsylvania’s Green Constitutional Amendment

By Katherine Brann Fredricks

After 9/11, fracking was promoted as a way for America to achieve energy independence.  But chemicals that fracture rocks can kill living beings. And the ecosystem damage, the 24/7 noise, light and air pollution, and climate changing emissions inflict devastating and irreversible harm on communities.  When scientific studies showed the environmental damage that fracking caused, Pennsylvania communities turned to zoning laws to protect “agricultural districts, residential areas, or critical environmental or historic preservation zones” from infiltration by the industry.

In response, the fracking industry secured passage of Act 13 by the Pennsylvania Legislature.  Act 13 opened every inch of Pennsylvania to the fracking industry – “schools, residences, protected waterways, wildlife sanctuaries, public parks – all were now open to intrusion.”  Act 13 included a medical gag rule where doctors had to sign a non-disclosure agreement before receiving information about fracking chemicals that might sicken or kill their patients.

Using Pennsylvania’s Constitutional Green Amendment, Delaware Riverkeeper Maya K. van Rossum and her legal team, joined by 7 municipalities, led the lawsuits to protect Pennsylvania’s environment.  Those wins made legal history and inspired OCERA to write a Green Amendment for Oregon. 

Every year, American communities pass laws to protect clean air, pure water, and a healthful environment.  When industry challenges those laws, states without Constitutional Green Amendments usually lose. 

Longmont, Colorado, for example, passed a fracking ban, and the Colorado Oil and Gas Association sued.  Colorado courts ruled in favor of the Oil and Gas industry.  With no Constitutional right to a healthy environment, the people of Longmont did not have the legal foundation needed to defend their environment and communities.

Read more about it: Quotes in this article are from The Green Amendment by Maya K. van Rossum.  OCERA is honored to have van Rossum on our Legal Team.