Oregon Democrat legislators are asking voters to transfer their responsibility to make environmental laws to the courts. SJR 28 proposes an amendment to the Oregon Constitution to establish a fundamental right to a clean, safe and healthy environment.

This bill allows lawsuits against the state's action or inaction, and the prevailing parties securing protection for public safety or health interests in a self-identified right is entitled to costs for litigation, including attorney and expert witness fees, which pollutes the healthy environment of taxpayers having to pay for their own added control.

Twenty-two Democrat legislators want to control your living habits and needs for the greater good allowing the courts to make laws without representation. The US Supreme Court has already decided against legislators advocating their responsibility in the Chevron case.

SJR 28 reads, "This right is enforceable upon enactment, without implementing legislation or exhaustion of other remedies. This right is remedial in purpose, adding to and strengthening existing rights and remedies to achieve a healthy environment for all."

The courts are seen as interpreters of laws, and perceived as undemocratic in making laws, as the judiciary is not elected and therefore not directly accountable to the people. The traditional view that they should interpret laws rather than make them remains an important principle. It helps to maintain the balance of power between the branches of government and ensures that the democratic process is respected.

Democrats released their priorities, which very few of their filed bills follow. Perhaps this is what House Majority Leader Ben Bowman (D-Tigard, Metzger, & S. Beaverton) met when he said their road forward is to “progress toward reducing greenhouse gas emissions while ensuring our state is resilient in the face of climate change.”

A D V E R T I S E M E N T

A D V E R T I S E M E N T

What does that mean for Oregonians? The Oregon Lawyers Association has sponsored HB 2640 to reduce criminal court cases, perhaps to take on these more subjective cases that will blow with the wind of political power. Oregonians should take stock of how much they value liberties. Even if legislators pass bills to spur economy growth, a hand full of out-of-state environmentalist can challenge it. That's what happened to our forests using the spotted owl. It destroyed the Elliott Forest and impacted the school fund. Now the federal government wants to destroy hundreds of owls, where are the environmentalist? Giving environmentalists free reign and a hammer over our environmental policies will be a backwards move for Oregon.

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--Donna Bleiler

Post Date: 2025-01-28 17:35:35

Last Update: 2025-01-28 18:38:39