For the second time this year, a Florida appellate court has ruled against environmentalists fighting to enact a widely supported local clean water measure.
The Fifth District Court of Appeal, which hears appeals four circuits and 14 counties, including Flagler County, ruled Thursday that although 83% of voters in Titusville approved a 2022 initiative establishing the right to clean water, the city in Brevard County couldn’t enact it because of a 2020 state law preventing local government from giving rights to bodies of water, plants, and animals.
The City of Titusville had appealed a lower court’s ruling siding with Speak Up Titusville, the group behind the local ballot measure. The three-judge appellate panel reversed the lower court’s order to codify the clean water amendment allowing residents to sue, on behalf of the “Waters of Titusville,” any entities that violate the measure.
“Although it is an admirable goal, we know of no provision that is authorized in either general law or specifically granted in the State Constitution, nor has one been provided by Speak Up, which specifically provides a citizen the right to have a body of water that ‘flows, exists in its natural form, is free of pollution, and which maintains a healthy ecosystem,’” the judges wrote.
Republican Sen. Blaise Ingoglia spearheaded the preemption when he was a member of the Florida House in 2020. Another appellate court cited that preemptive clause in Florida law to block an Orange County clean water measure in January.
Throughout the opinion, the judges appeared sympathetic to the environmentalists’ cause and placed the reasoning for the decision entirely on the Republican-led Legislature’s actions.
“We recognize the overwhelming support of this charter amendment by the residents of the City of Titusville and the admirable policies of the amendment,” the judges wrote. “However, the Legislature in drafting section 403.412(9)(a) of the Environmental Protection Act has not authorized the types of rights provided for in the charter amendment. As such, an appellate court has no power to change or alter what the Legislature mandated.”
–Jackie Llanos, Florida Phoenix
JimboXYZ says
This is what happens with rampant overpopulation period. Developers, Industries & Government are willing to sell off fresh water & clean environment at everyone’s expense for their blood money & they have the nerve to act like they don’t know where the cancers come from when any local group legislates to protect those that actually have to live in the toxic mess they have created. History of the Space Coast is that it’s really been a coastal landfill for at least NASA. Do a search, Real Estate values are escalating & inflating to buy into a share of a toxic waste county. It’s been moving towards Mad Max Beyond Thunderdome year after year. They’ll be selling us radioactive heavy bottled water for a profit if they get their way. Flagler County has had one of these toxic manufacturers build boats for decades off & on. Go spend a shift at that facility and get a chemical high off the resins & breathe in that fiberglass even with OSHA Respiration Standards in place for filtration. We all remember the Covid mask thing of 2020 & 2021, that’s nothing compared to what a boat manufacturer off gasses at that facility. This is exactly why China manufactures for the world, products have to be made & China is that “not in my neighborhood” pollution. 8+ billion people, the more that grows, pollution will too. We all have a minimum carbon footprint, It’s just a matter of adding the individual consumption & pollution to arrive at what it pollutes as a whole human race. Having more babies compounds the problem, there isn’t a human being born that has ever solved the problem. There won’t be a human being ever born that will come up with a solution either. That’s the real science, not any CEO’s, politician’s or Fauci-expert’s spin on the reality of fact.
https://duckduckgo.com/?t=ffab&q=nasa+toxic+dumping+Brevard+county&ia=web
just one:
https://www.floridatoday.com/story/news/local/environment/2021/08/29/army-corps-thinks-dumpsite-toxins-seep-into-brevard-homes-gas-cancer-cluster-florida-pfas-pollution/5601204001/
Deborah Coffey says
Dear Florida,
Do you understand that you continually vote to have your most important rights taken away? Yeah…you did this! Now, enjoy your filthy water and stop whining about your complete lack of power that you continue to cede to your legislature in Tallahassee. When you figure out that there actually is a political party that truly cares about you, your environment and your most personal rights…well then, you might think about changing your “vote against myself” habit.
Nephew Of Uncle Sam says
“Throughout the opinion, the judges appeared sympathetic to the environmentalists’ cause and placed the reasoning for the decision entirely on the Republican-led Legislature’s actions.”
Yep, again, keep Voting the same way and you get what you get.
Laurel says
““Although it is an admirable goal, we know of no provision that is authorized in either general law or specifically granted in the State Constitution, nor has one been provided by Speak Up, which specifically provides a citizen the right to have a body of water that ‘flows, exists in its natural form, is free of pollution, and which maintains a healthy ecosystem,’” the judges wrote.”
Really? Sounds like more *interpretations* of what is already in existence. The Clean Water Act, 33 U.S.C. §1251 et seq. (1972), regulates discharge of water into the bodies federal and state waters. This includes rain runoff, pesticides, herbicides, and fertilizer runoff, construction site runoff, industrial and high risk facilities discharge, and illicit discharges and improper disposal. Under Section 402 (p) of the Clean Water Act (N40CFR Part 112.26), it established federal regulations governing stormwater discharge permit application requirements. This permit is known as the NPDES (National Pollutant Discharge Elimination System) Permit. The CWA (Clean Water Act) defines the water bodies as “navigable” but includes wetlands, lakes and waters of the U.S., and predetermines what the level of prevention, and repair, is required per water body. If a state does not comply, the federal government may take over.
I used to work on one of these permits, and it is very strict, involved and complicated. The whole, damned point is for citizens to have the right to have a body of water that “…flows, exists in its natural form, is free of pollution, and which maintains a healthy ecosystem.” It is not just “…an admiral goal…” it is a necessity for human and natural existence.
Patrick Daniel Deane says
Florida government is run by the Conservative Republicans with no regard what the majority of voters want. Elections are a joke and so are the current slate of politicians.