“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.
If it’s outside of a fence, it should be left how it’s found. If it has to be ruined, buy it. That should be the basic regulatory default.
I’m not sure I understand this. Who are they suing? I don’t believe anyone should be allowed to pollute any waterway. Did someone get away with something?
Any resident of Titusville may bring a legal action, in the name of the resident or in the name of the
Waters of Titusville, in a court of appropriate jurisdiction to enjoin violations of the right to clean water. Remedies shall include injunctive relief to enjoin the violation and monetary damages to restore the waters to their pre-damaged state.
If a natural state of water is a good thing, then win support for it and create a law through the legislature or amendment to the constitution to create such a right. Don’t expect a court to pull such a right out of the air that has not existed for the last thousands of years.
I don’t think it’s particularly radical to assume the right is god-given. A good wordsmith could probably stretch the right to hunt into a right for unpolluted water.
There are all sorts of rights to not have your water that affects you not be polluted. State laws are concerned with the free flow of water. The EPA gets involved with polluted water supplies like Flint. Just generalized standing for everybody whenever they notice water that is not in its pristine original state? Apparently not in Florida.