The Gainesville Sun: Protect the rights of nature through Florida's constitution-7/5/2021

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Mike Roth serves as a guest columnist in “Protect the rights of nature through Florida's constitution”, and recently wrote an article focusing on the work being done to protect the rights of nature in the Florida constitution. He sets the stage by discussing the frustration of appealing to higher powers to secure environmental protections only to be shot down. Floridians have begged for water protections to no avail, until November 2020 when the people of Orange County made it resoundingly clear that they would no longer settle for anything less than security for our aquatic resources. Thus, the rights of nature movement began to take root in the FL legal system.

The recognition of the rights of nature is a concept found in many indigenous cultures: whether it be in the Ecuadorian constitution or amongst the peoples of Mexico, Bolivia, etc. Their respect for creation has led them to view nature as a separate entity worthy of respect and protection, and not just a tool to be used. In 2006, Western culture caught up to this concept on some level, in Tamaqua, Pennsylvania against the dumping of toxic sludge. As a result, “dozens of other municipalities and the U.S. passed ordinances giving a priority to the rights of natural systems” (Roth, 2021). Florida is the most recent, and biggest example of the enforcement of this type of law.

Mike Roth shares how CDER’s own Senior legal Counsel, Thomas Linzey assisted several local environmental groups in their work to put together and pass an ordinance that would give protections to springsheds and river systems. This led to the Florida legislature leaping into action to prevent municipalities and individuals from empowering themselves to grant rights to nature or amend their own constitutions. There were certainly electoral losses, but Chuck O’Neal of WEBOR and Speak Up Wekiva were able to gather enough petitions during the election to secure an 89 percent electorate approval, before moving on to Wilde Cypress Branch et al. v. Beachline South Residential, LLC and Noah Valenstein, Secretary of the Florida Department of Environmental Protection. This important lawsuit will protect 115 acres of wetlands from pollution and destruction via developers.

CDER has partnered with The Florida Rights of Nature Network to write up and compile a set of five petitions to amend Florida's constitution. These petitions include: “a right to clean water, mirroring the Orange County ordinance, as well as petitions to protect Florida wetlands, iconic species, prohibiting captive wildlife hunting, and prohibiting the construction or expansion of toll roads on conservation and rural lands” (Roth, 2021). We invite you to the opportunity to read these petitions at www.FL5.org and to sign at your leisure. Also, Mike Roth’s fascinating article can be located here.

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Press Release: August 13 - Continuing Legal Education Course on “Rights of Nature” with Lawline-7/12/2021

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