Equality Before the Law
Equality before the law is central to American
justice.
In principle, our judicial process is for all.
It is not for sale. The judicial process must never become a special
privilege available only to those who can afford it.
The brief submitted by the counsel for Thalle Industries
contains a comment which appears to suggest an ordinary citizen's
group ought not to be able to afford to participate in legal proceedings
concerning Thalle Industries' application. "Their challenge
is obviously well funded, "counsel states. "FRCH is
represented by an experienced environmental counsel and an engineering
firm."
It's a peculiar statement. The fact that counsel
finds this noteworthy is noteworthy in itself. It is especially
noteworthy in the context of a legal brief, since the complaint
is not that any law has been violated by FRCH. There is only a
statement by counsel with the vague implication that his client
has been somehow abused by our unexpected, vigorous, and perfectly
legal assertion of our rights as citizens.
The simple fact is this: we were not expected to
be able to afford to exercise our right to participate. We are
not equal before the law. Ordinary citizens get to participate
so infrequently that when they do participate on anything approaching
a level playing field, it is literally worthy of remark.
Justice in this matter no longer depends on what
facts we present in evidence. The facts have been presented. We
have clearly demonstrated there is an issue for adjudication,
contrary to the ruling handed down by the Administrative Law Judge
at the Issues Conference.
This ruling is in error. The error is a costly
one for FRCH, for the ecosystem in our part of the Hudson Highlands
and for the people of the State of New York. We may not be able
to pursue this matter, not because we are wrong, but because we
cannot afford Justice. We are not equal before the law.
To obtain justice, to defend the citizen's right
to equality before the law, and to protect the ecosystem of which
the threatened Timber Rattlesnake is a part, we have filed an
appeal. To see that appeal through to its conclusion, we must
seek donations. We invite you to join us in our fundraising efforts
and become part of the solution. Equal justice is worth defending.
Next Dialogue Topic:
Strengthening the Endangered Species Act.
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