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Does Nature Have Rights? A Burgeoning Legal Movement Says Rivers, Forests and Wildlife Have Standing, Too

Does Nature Have Rights? A Burgeoning Legal Movement Says Rivers, Forests and Wildlife Have Standing, Too
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Rights of Nature lawsuit pits 2 lakes, 2 creeks and marsh against developer in Lake Nona

Rights of Nature lawsuit pits 2 lakes, 2 creeks and marsh against developer in Lake Nona Orlando Sentinel 5/3/2021 Stephen Hudak, Orlando Sentinel © Rich Pope/Orlando Sentinel Longtime advocate for clean water and black bears, Chuck O’Neal, at his home which sits on the edge of Wekiwa Springs State Park on Monday, January 11 2021. O’Neal’s “rights of nature” initiative, intended largely to protect the Wekiva and Econlockhatchee rivers, won an astounding 89% of the vote in Orange County in the 2020 election. Wielding for the first time the voter-approved Orange County charter amendment intended to protect county waterways, environmentalists recently sued to stop a developer from filling in 115 acres of wetlands for a mammoth project near Lake Nona.

Bodies of Water Are Suing the State of Florida

Streams and lakes have rights, a US county decided Now they re suing Florida | Florida

The listed plaintiffs are Wilde Cypress Branch, Boggy Branch, Crosby Island Marsh, Lake Hart and Lake Mary Jane. Laws protecting the rights of nature are growing throughout the world, from Ecuador to Uganda, and have been upheld in courts in India, Colombia and Bangladesh. But this is the first time anyone has tried to enforce them in the US. The Orange county law secures the rights of its waterways to exist, to flow, to be protected against pollution and to maintain a healthy ecosystem. It also recognizes the authority of citizens to file enforcement actions on their behalf. The suit, filed in the ninth judicial circuit court of Florida, claims a proposed 1,900-acre housing development by Beachline South Residential LLC would destroy more than 63 acres of wetlands and 33 acres of streams by filling and polluting them, as well as 18 acres of wetlands where stormwater detention ponds are being built.

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“As allowed under a radical, untested legal theory dating to the 1970s, the Florida Department of Environmental Protection and a developer are being sued by Wilde Cypress Branch, Boggy Branch, Crosby Island Marsh, Lake Hart, and Lake Mary Jane, along with (Charles) O’Neal, who is best known as president of the conservation organization Speak Up Wekiva.” “Runcie nearly made it to the 10-year mark but, as it turned out, his days as the leader of the nation’s sixth-largest school district would be numbered after the biggest challenge and tragedy of his career: the Feb. 14, 2018, shooting that left 17 people dead at Marjory Stoneman Douglas High School in Parkland.”

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