Sierra Club v. Morton is a Supreme Court of the United States case on the issue of standing under the Administrative Procedure Act. The court rejected a lawsuit by the Sierra Club seeking to block the development of a ski resort at Mineral King valley in the Sierra Nevada Mountains because the club had not alleged any injury. The case prompted a famous dissent by Justice William O Douglas. Who speaks for the trees?
If the Supreme Court overturned that case based on “no alleged injury to Sierra Club” as a third party, then my question is how can a third party (California Independent Petroleum Association) sponsor and fund to repeal a law voted into existence by the Legislature without alleging it is causing them harm? Precedent suggests it is not a valid cause of action, therefore barred from proceeding.
As you pointed out, Andrew Christie, this is a clear case of special interest taking over our legislative process using lies and undue influence to do it (“Big Oil can only get you to reverse state law by lying,” Dec. 15). How is this sham of a referendum able to proceed without any oversight, vetting, accountability, proof that repealing Senate Bill 1137 will prevent harm to the California Independent Petroleum Association and the public?
Don’t the sponsors, the organizers, of this referendum to Repeal SB 1137 have to prove that it in fact is going to harm the public and present evidence in order for it to get permission and approval from the state authorities to collect signatures to get it on the ballot?
I have to believe there are legal, lawful procedures in place that would protect the public from fraudulent ballot abuse. And that this particular referendum has escaped that process. Why?
Can’t the courts of their own volition bring up the constitutionality of a referendum that on its face does not meet filing standards? Yes, they can. Can’t our legislators bring this to the attention of the courts? Yes, they can. Why then is the burden on the public to stop this travesty of justice and abuse of power?
I am looking to my legislators to do their job and protect and defend our right to the truth and to be safe in our environment.
And could someone please explain to me why the California Geologic Energy Management Division issued a permit for the drilling of a new oil well in the Arroyo Grande Oil Field?
So ironic that CalGEM was the same agency that issued a cease and desist on the Arroyo Grande Oil Field for not having the proper Underground Injection Control (UIC) Class I toxic waste disposal permits for the existing wells back in 2017. None of the wells to date have been certified safe and issued a UIC Class I permit to dispose of toxic waste in the unincorporated areas of SLO County.
These are documented violations that if enforced would halt illegal, harmful, deadly dumping of chemicals into our air and water and soil. There are more than 3 million illegal waste disposal violations in the U.S. We don’t need more laws, we need enforcement of the ones we already have. It is very disconcerting and begs the question. If we can’t or won’t enforce current laws, then why would this new law be any different? It won’t.
It is also very ironic that the major offenders to the public’s safety and well-being, are currently petitioning to repeal a Senate bill that would prohibit them from legally dumping toxic chemicals in our backyard and into our underground water resources. No, ironic doesn’t do these gross acts of deceit and felony trespass on our rights justice. Let’s just call it what it really is, corruption in the first degree by convicted criminals aided and abetted by elected officials who refuse to do their jobs and enforce and uphold health and safety laws that guarantee and ensure our well-being.
These corruptions of our principles, ethics, and codes is not OK. New year. New time. New way we do business with our elected officials. You lie and violate our right to know the truth, breach our trust, and you go to jail. That’s fair. That’s right. Hasta la vista, baby. Δ
Jeanne Blackwell writes from San Luis Obispo. Send a response for publication to letters@newtimesslo.com.
This article appears in Dec 22, 2022 – Jan 1, 2023.
Environmentalists delight on beating up on the oil companies, making their operation more restricted and costly, and then proceed to keen in despair and indignation at the resulting insanely high fuel which make filling up even their Priuses so costly. Can’t they see the connection?
“making their operation more restricted and costly”
While I don’t necessarily agree with the Commentary, I laugh out loud at the assumption the oil companies are in any way compromised. In the third quarter of 2022 Exxon Mobil reported its HIGHEST earnings ever at $19.7 billion and Shell reported its second HIGHEST earnings ever at $9.5 billion. Gee, I wonder how they made such windfall profits? I shed a tear every night at the thought of those poor old oil companies getting beaten up by environmentalists.