Florida (USA) Court Case: Waters of Orange County v. Beachline South Residential

Summary

On 26 April 2021, a group of freshwater ecosystems in Orange County, Florida (Lake Mary Jane, Lake Hart, Crosby Island Marsh, Wilde Cypress Branch stream, and Boggy Branch stream) filed a case in Florida state court suing a development company, Beachline South Residential, and the Florida Department of Environmental Protection over a proposed development that the plaintiffs argue violates their right to exist—as established by the Orange County Charter that gives all waters in Orange County, Florida legal rights.

The plaintiffs claim violations due to “cutting off and/or restricting the sufficient flow of clean water into these protected bodies of water.” and that “roadways constructed near these two streams will discharge polluted stormwater into the streams and wetlands thereby violating their right to be protected against pollution.” The bodies of water have a co-plaintiff, Chuck O’Neal, who is the Chairman of the Florida Rights of Nature Network.

Beachline South Residential, pushed to have the case dismissed, arguing that the rights they are invoking do not, and cannot, exist.

A judge has yet to hear this case.

In June 2020, Florida proposed a Constitutional Amendment – Florida Right to Clean Water – which established all Florida waters to have a right to clean water, and the rights of those waters to exist, flow, be free from pollution, and maintain a healthy ecosystem.