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Legal Briefs

CELDF Model Brief to Eliminate Corporate Rights
by Thomas Alan Linzey, Daniel E. Brannen, Richard L. Grossman, 2003
This Brief is intended to assist communities organizing to challenge the United States government's gift of constitutional powers to property organized as corporations. Corporations are created by State governments through the chartering process. As such, corporations are subordinate, public entities that cannot usurp the authority that the sovereign people have delegated to the three branches of government.
Memorandum of Law and History in Support of Defendant’s Motion to Dismiss: PENN RIDGE COAL, LLC and ALLEGHENY PITTSBURGH COAL v. BLAINE TOWNSHIP
by Community Environmental Legal Defense Fund
November 18th, 2008
Right and justice are on the side of the people of Blaine Township. They now need their government – including this court - to recognize their rights. “The Pennsylvania Constitution doesn’t mean shit if you’re dealing with the DEP and the courts. In this area, coal is king. Coal is King.” -Michael A. Vacca, Vice-Chairman, Blaine Township Planning Commission (Blaine Township Planning Commission Meeting, November 12, 2008).
Corporations Routinely Wield Court-Bestowed Rights to Deny the Rights of Communities to Govern Themselves [pdf - printable download]
by Community Environmental Legal Defense Fund
The cause of the American Revolution was the systemic usurpation of the rights of colonists by the English King and Parliament. Those usurpations occurred primarily through the King‟s empowerment of eighteenth century corporations of global trade - such as the East India Company - and through Parliamentary Acts carried out through ministerial bodies (such as the Lords of Trade, and later, the Board of Trade) who imposed local “discipline” by nullifying locally adopted laws.
Making the Case: People Possess an Inalienable Right to Local Self-Government -- from Penn Ridge et. al. vs. Blaine Township [pdf - printable download]
by Community Environmental Legal Defense Fund
Given the mythic quality attached to the idea of ―democracy in America, it is strange that the notion of communities making important decisions with the force of law is so foreign to American jurisprudence.
BRIEF OF RESPONDENTS IN OPPOSITION TO APPLICATION FOR SUMMARY RELIEF: COMMONWEALTH OF PENNSYLVANIA vs. EAST BRUNSWICK TOWNSHIP
by Community Environmental Legal Defense Fund
November 15th, 2007
Pennsylvanians has been active for a decade in a burgeoning, nationwide local control movement to exercise and defend the inalienable right to local self-government. The people of East Brunswick Township merged with other communities asserting that right to self-government in December 2006 when they enacted an Ordinance to ban the land application of sewage sludge by corporations