Wilde Cypress Branch v. Hamilton
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.
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