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 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.”
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Republished with permission of the Florida Phoenix
Florida Phoenix is a news and opinion outlet focused on government and political news coverage within the state of Florida.
December 28, 2024 at 1:17 pm
Very surprised because Titusville has bad drinkable water problems, Polluters lobbyists gives Big Donations to our elected officials, DEP & Fish & Wildlife, judges to be elected. Until Florida rids itself of the Corruption of elected officials our Clean Water & the Environment will always be at risk to Floridians. Also because clean water hasn’t been a personal issue with any elected officials, nothing will be done until you can’t drink or bathe in it because they can afford the $5,000 house water filters and drink bottled water, shame on them all.
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December 28, 2024 at 2:32 pm
That court ruling Thursday was a load of you know what. It’s no wonder the public holds the justice system in such low esteem.
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December 28, 2024 at 7:54 pm
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December 28, 2024 at 8:42 pm
We seen this in 20 years the water will be brown.
The politics are school. 6 story buildings going up. The need for fire hydrants on every block..lights for traffic every 1/8 a mile.eliminate u turns…
Sky scraper’s are probably being lobbied.
The next book will be a tree grows in Florida.
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December 28, 2024 at 9:04 pm
The judgment has no right to walk planet earth..it’s not the constitutional right.
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