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Directories Int'l Realty US Realty
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Are Groups Willing to Destroy in Order to Preserve? Stuart Lieberman, Esq., If you like to ski, or be in the company of those who do, Vail, Colorado belongs on your list of places to visit. For many years, people have visited Vail to enjoy its quality skiing, as well as its beautiful surroundings. Vail is an expensive community in which to live and play. Many of the well heeled enjoy their own winter quarters in Vail. And Vail is generally a very peaceful community. Indeed, some would say ideal. On October 19, 1998,Vail lost some of its innocence. In the early morning hours, fires consumed much of three buildings and the tops of four ski lifts. Recent estimates place the fire damage at $12 million. This is just structural damage, it does not include any loss in business that might result, and it does not include the cost of the new found feeling of vulnerability now felt by many Vail inhabitants. Federal and local authorities are actively investigating the fires and arson appears to be the suspected cause. An e-mail message, allegedly sent by an organization claiming credit for the fires, stated that the fires were set to protest expansion of a ski resort area. The group claimed that a 12 mile proposed expansion will adversely affect the habitat of a wild cat, called a "lynx." According to the highly publicized e-mail message, the group will not tolerate putting profits ahead of Colorado's wildlife. It called the fires "a warning, " and claimed that more action will take place if development continues. The e-mail was sent to various media outlets and purported to be from an organization called the "Earth Liberation Front." However, investigators are not sure that the fires were in fact set by this an organization. If, indeed, the fires were set to preserve an animal habitat, this would amount to one of the nation's most costly acts of ecological terrorism. While the concept of "ecological terrorism" would appear to be an oxy-moron (using destruction for preservation purposes), it has has existed for decades. The most recently publicized eco-terrorist may have been "The Unabomber," who was alleged to have killed to protest new, environmentally degrading technology. In his famous manifesto, the Unabomber warned that "the industrial revolution and its consequence has been a disaster to the human race." Such terror campaigns have not been limited to the United States. This past August, Canadian police responded to a release of a deadly gas that was believed to be linked to "radical environmentalists." And in Australia, police have linked attacks on chemical plants and a railroad to such groups. The internationally based organization "Green Peace" has also embarked on campaigns to protect whales, block toxic dumping, and promote anti-nuclear campaigns. According to its own literature, Green Peace ships have been dispatched to block allegedly offending vessels from carrying out activities which Green Peace opposes. In 1987, an international arbitration panel ordered the French Government to pay Green Peace over $8 million stemming from the bombing of a Green Peace ship. A Green Peace photographer was killed in that bombing attack . While some measure of protest and terrorism has existed for years, the Vail fires are unique because it appears they were set to block commercial development expansion. And since the core problem is one that is likely to re-occur, this should be viewed as particularly disturbing news. The fact is that there is just so much readily developable property in the United States. Now, much of the "good stuff" has been taken. This includes much of the property without wetlands, much of the property that is not prone to flooding or natural disasters, and in Colorado, much of the property that is not inhabited by wild animals. As the better properties are sold and developed, there may likely be an increased pressure on properties that no one was willing to look at before. So, deserts will become irrigated and developed. Inner city "brownfields" will get a second look. Some are even talking about developing the moon. Usually, groups opposing development will raise their objections before local zoning boards and other land use bodies. Court challenges have been another traditional mechanism for curtailing unpopular growth plans. These are the mechanisms that have long been in place and have generally proven to be effective.
The Vail incident, and other recent domestic terroristic incidents, suggests that some fringe protesters may now be willing to challenge development with a dose of terror. Developers and law enforcement need to carefully monitor what is happening in Vail. If this was an act of terror, it is important that no development changes take place in reaction to the fires. In a democracy, terrorism, no matter how lofty the asserted reason, can never be viewed as a legitimate method for expressing a point of view.
The information provided in this column is written by Stuart Lieberman,a practicing environmental attorney, and is for general information purposes only. It is not legal advice and should not be used in place of legal advice.
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