March 3, 2008
For Immediate Release:
Contact: Cindy Carlisle
cindy@cindycarlisle.com
303.444.2606

Carlisle announces aggressive 2009 legislative agenda for citizen environmental action; calls for opponent to renounce lobbyists and support bills

Cindy Carlisle, Democratic candidate for State Senate District 18 in Boulder County, has pressed since her campaign began for climate change and new energy initiatives. Today she also announced a highly specific agenda of three related bills to make Colorado the environmental leader it ought to be by empowering citizens at the grass roots.

"Our beautiful state should lead the nation on the environment," Carlisle said, "and it doesn't—not by a long shot. Let's change that by empowering citizens to lead."

Carlisle said that, once in office, she will introduce the following bills:
1. CEPA, the Colorado Environmental Protection Act. Twenty-eight states have 'mini-NEPAS'—statutes modeled on the National Environmental Protection Act of 1970, which requires environmental assessments and/or impact statements for projects involving major federal action which may significantly affect the environment. Colorado remains in the minority of states that lack any similar environmental review for state-sanctioned projects. As a result, unless federal action is involved, big developments in Colorado-shopping centers, for example, or industrial growth, or a new CU campus—avoid the rigorous environmental impact evaluation most states mandate.

Carlisle's CEPA bill will track those of states that require environmental assessments for major projects that may significantly affect the environment and need state or local government approval.

"An essential feature," Carlisle said, "will be citizen enforcement, as in many other states. Standing to bring citizen suits should be broader than NEPA allows. Those who may be affected by a project's environmental impacts should be able to file suit to enforce CEPA compliance."

Since Carlisle's state senate opponent served on the board of the Colorado Association of Commerce and Industry, a business lobbying group that opposes all environmental legislation more stringent that federal standards, Carlisle called on him "to renounce CACI positions and second her call for CEPA citizen suits."

2. Anti-SLAPP legislation—a necessary companion to CEPA.
"SLAPP" stands for 'strategic lawsuit against public participation.' SLAPPs are usually filed by developers against citizens who oppose their projects by speaking up at, for example, a planning commission. They typically seek millions in lost profits against the little people who stand in their way. The purpose of SLAPPs is intimidation, pure and simple: If you oppose my development, I'll ruin you.

No less than Justice Scalia affirmed that SLAPPs unconstitutionally abridge citizens' rights to petition their government, and most such suits are eventually thrown out. But that doesn't stop big developers from filing them anyway to harass opponents.

To stop such abuse, legislation that includes "SLAPP-back" sanctions awarding attorneys' fees and punitive damages against developers who file SLAPPs is crucial. A number of states have such statutes. Not Colorado.

"In 2002," Carlisle said, "when my opponent was running for governor, a bipartisan anti-SLAPP bill was introduced at the Colorado General Assembly. It failed, mostly because of fierce lobbying against it by CACI, my opponent's big business lobbying group.

"Colorado needs an anti-SLAPP law. It would be a key complementary protection for those who bring citizen suits under the CEPA bill I am proposing, and I call on Rollie Heath to pledge to ignore CACI lobbyists and support an anti-SLAPP companion bill to CEPA."

3. A ban on new coal-fired power in Colorado.
Coal-fired power plants are the worst industrial polluters in America, but utilities have 121 new plants in the permit queue. Why? To get as many as possible through before Congress cracks down on global warming. Colorado recently went along, greenlighting Excel's Comanche III new coal-fired plant in a complicated trade-off with environmental groups. These plants produce one-third of industrial CO2 emissions in the country. "We have the technology today to leave coal behind," Carlisle said, "and we owe it to our children and the planet to do so.

"Colorado needs a CEPA so citizens can directly enforce environmental review of coal-fired power plants for greenhouse gas impacts. But the legislature also needs to act.

"We need to draw a line in the sand. Never again will we seek power from coal." California and Washington have legislated against coal. Kansas, Oregon, and Oklahoma have denied coal-fired power plant permits on climate change grounds. "Now our legislature needs to act," Carlisle said.

"Ban coal."

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