Appeals Court Overturns Florida's ‘Right to Clean Water’ Provision
- In 2022, nearly 83% of voters approved a measure to hold businesses accountable for polluting the Indian River Lagoon and other Titusville waterways.
- The Fifth District Court of Appeal ruled that the measure was 'preempted' by state law.
- The court stated that a 2020 state law prevents local charters from recognizing a legal right to a body of water.
- Judges acknowledged the support for the amendment but noted that no legal provision allows for such rights under general law or the state constitution.
8 Articles
8 Articles
Titusville environmentalists vow to fight court’s water ruling
Local environmentalists are speaking out after a ruling from a three-judge panel of the 5th District Court of Appeal rejected a Titusville “right to clean water” city charter amendment.In 2022, nearly 83% of voters approved the measure, which was intended to allow citizens to hold businesses and companies polluting the Indian River Lagoon and other Titusville waterways accountable for cleaning up their mess. Michael Myjack and Toni Shifalo, with…
You, Floridians, Do Not Have a Right to Unpolluted Bodies of Water, 5th District Rules
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 post You, Floridians, Do Not Have a Right to Unp…
Floridians have no right to bodies of water ‘free of pollution,’ appeals court rules
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 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 w…
Florida Appeals Court Strikes Down One City's "Right To Clean Water" Charter Amendment
A Florida appeals court has dealt a blow to environmental advocates in Titusville, striking down a voter-approved charter amendment that sought to establish a “right to clean water” in the city. The Fifth District Court of Appeal ruled on Thursday that the amendment, which was… Florida Appeals Court Strikes Down One City’s “Right To Clean Water” Charter Amendment
Floridians have no right to bodies of water 'free of pollution,' appeals court rules • Florida Phoenix
Speak Up Titusville group with signs, via the organization.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 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 pr…
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