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6th DCAJanuary 19, 2024Affirmed🔬 Novel Issue

Wilde Cypress Branch v. Hamilton

Case No. 6D2023-1412

Bodies of water in Orange County, joined by the president of Speak Up Wekiva suing on their behalf, challenged environmental permitting under an Orange County Charter provision granting waters the right 'to exist, Flow, to be protected against Pollution and to maintain a healthy ecosystem.' The Sixth District affirmed dismissal, holding that section 403.412(9)(a), Florida Statutes (2020), is constitutional and expressly preempts the Charter provision, which purported to grant legal rights to non-persons.

Key facts

  • Bodies of water in Orange County, represented by the president of Speak Up Wekiva, sued challenging environmental permitting decisions.
  • The plaintiff invoked Orange County Charter section 704.1, which granted waters the right to exist, flow, be protected against pollution, and maintain a healthy ecosystem.
  • +2 more key facts with a free trial

Why it matters

This is the first Florida appellate decision to address the validity of a 'rights of nature' charter provision, squarely holding that section 403.412(9)(a) is constitutional and preempts such local enactments… — full analysis with a trial

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