How to Keep Corporate Giants Out of Your Town

By Doug Pibel, YES! Magazine. Posted August 30, 2007.

In 1819, the Supreme Court declared for the first time that corporations are entitled to protection under the Constitution. That case started in New Hampshire. Since then, corporations have been granted virtually all the rights constitutionally guaranteed to human beings. They use those rights to site polluting feedlots, dump toxic sludge, build big-box stores, and take municipal water to sell, all whether citizens want them to or not.

Now, New Hampshire townspeople are fighting to turn that around and put people, not corporations, in charge. What manner of revolutionaries are these? The kind you should expect in the United States: laborers, mothers, farmers, businessmen, and other ordinary citizens.

They are people like Gail Darrell, a New Hampshire native who, 25 years ago, moved with her husband to the little town of Barnstead to raise their children in a rural environment. They are people like Barnstead Select Board member Jack O'Neil, a Vietnam veteran and George Bush voter.

What's These People's Problem?

Barnstead is located just south of New Hampshire's lakes region. The Suncook River runs through town, and four lakes are within the town limits. It's a water-rich community sitting on a big aquifer.

Which puts it in the crosshairs of corporate water miners. As bottled water has become a "must have" commodity generating nearly $10 billion a year in consumer spending, corporations have descended on communities like Barnstead and set up pumping operations.

They extract hundreds of thousands of gallons of water a day, bottle it, and ship it out for profit. Taking that much water raises the specter of lowered water tables and dry wells, infiltration of pollutants or saltwater, and damage to wetlands. The townspeople lose control of one of the necessities of life.

Barnstead residents watched as nearby Barrington and Nottingham fought to block multinational corporation USA Springs from taking their water. They saw those communities work through the state regulatory system and, after years of labor and hundreds of thousands of dollars in costs, find themselves without a remedy. Corporations, they were told, have constitutional rights that limit what regulators can do with zoning or other land-use controls.

Gail Darrell and Diane St. Germaine, another Barnstead resident, didn't want their town to face the same expensive battle. They already had experience with the regulatory system, having worked to get the town to ban local dumping of Class A sewage sludge. Once that ban was in place, the corporations shipping the sludge simply got it reclassified as Class B biosolids, and the town was back to square one.

"That was my first introduction to the regulatory process which actually does not allow citizens to say 'No' to anything," Darrell says. "All corporations have to do is change a word and they get their way."

The Trouble with Site Fights

One-at-a-time regulatory battles over a single project -- whether sludge dumping, a Wal-Mart, or a nuclear power plant -- are called "site fights." They are sometimes successful, although only about one time in 10. Even then, defeated corporations are free to try again, as Wal-Mart frequently does when citizens defeat its siting plans.

The problem is that the system isn't set up to protect the rights or interests of the average human. Rick Smith of the Association of Community Organizations for Reform Now (ACORN) says that when people realize that corporate rights override community rights it's "shocking to them."

That the rights of a legal fiction, the corporation, trump the rights of human beings is the result of years of work by corporations to bend legislation and court rulings in their favor. Since the Supreme Court first cracked the constitutional door in 1819, it has steadily opened it wider, giving corporations virtually every protection in the Bill of Rights.

See more stories tagged with: corporations, water, privatization

Doug Pibel is managing editor of YES!

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