As one of the Santa Fe County commissioners who voted in 2008 to adopt an ordinance regulating oil and gas extraction within the county, I’ve followed similar efforts of other communities across the country. Earlier this year, and following in the footsteps of about two dozen towns and cities (including the city of Pittsburgh), I watched as the Mora County commissioners proceeded to adopt a local law banning oil and gas drilling as a violation of the civil rights of Mora residents, which included their right to water.

Understanding that our current system of law views the “rights” of extraction corporations as more important than those of our communities and elected officials, the Mora commissioners then used their local law to raise Mora’s right to local self-government above those “rights” claimed by extraction corporations.

Mora’s actions were a response to a shocking reality — that New Mexico isn’t really governed by us anymore, but by a relatively small handful of individuals who run some of the largest corporations. Those corporations, over the last century or so, have not only successfully created a system of law that allows them to use government to pre-empt us, but one that also recognizes “corporate rights,” which can be used to legally override our local lawmaking.

Thus, when our communities decide that they must stop projects that endanger our health and safety, we find that we have been rendered powerless to do so.

In Santa Fe County in 2006, when we began to explore options for controlling oil and gas extraction in our county, our lawyers informed us that we couldn’t ban — even though that’s what I believe a majority of people in the county actually wanted. The lawyers told us that if we did try to ban drilling outright, we could be sued by oil and gas corporations for violating their constitutional “rights” and for “interfering” with state authority over oil and gas operations. Like most elected officials who run into that system of law, we decided to try to live within that law.

Thus, we adopted an ordinance that regulates how drilling for oil and gas can be done within the county. As a regulatory ordinance, it automatically allows the drilling to occur — it just makes it more expensive to do so. When natural gas or oil prices rise to the point where it’s cost-effective to comply with the requirements of our ordinance (or to bear the cost of suing to overturn parts of it), Santa Fe County will be drilled.

If I had the choice again, as a county commissioner, I would choose to go in a different direction — the one that Mora County has gone. Unlike us, Mora commissioners recognized that we have to make a choice — that we can either accept the system of law as it has been given to us (which guarantees that we’ll be drilled because the extraction corporations have more “rights” than we do), or we can begin to build a new system of law that forces those corporations to respect local laws that protect the health, safety and welfare of our communities.

Earlier this month, Mora County was sued by corporate interests seeking to overturn their Community Bill of Rights’ ban on oil and gas extraction. In that lawsuit, a corporate few seek to vindicate their “rights” over the rights of the Mora community. It is my hope — given how clear the Mora County situation has become — that people across New Mexico will begin to realize that we don’t have a fracking problem — we have a democracy problem.

Win or lose, Mora County commissioners deserve our thanks for beginning that long overdue conversation about whose rights must, in the end, prevail — community majorities or corporate minorities.

Harry Montoya served two terms as Santa Fe County Commissioner, from 2002-10, has served on the Pojoaque school board and has been a candidate for New Mexico public lands commissioner and U.S. Congress. He has represented New Mexico on the National Association of Counties Board of Directors and the National School Boards Association.

(1) comment

Erich Kuerschner

Oregon Constitution/Article I - BIll of Rights

Section 1. Natural rights inherent in people.

We declare that all men, when they form a social compact are equal in right: that all power is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, safety, and happiness; and they have at all times a right to alter, reform, or abolish the government in such manner as they may think proper. —

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