A Bill of Rights for Nature

Does it seem most of the agencies, laws, and rules are rigged for big corporations and against local private property rights, against local fishing, swimming, boating, and hunting, and against organizations like Riverkeepers and Waterkeepers?

Turbidity curtains and black pipe from the north bank
View from the south bank of Sabal Trail fracked methane pipeline turbidity curtains and pipe, collecting drilling fluid frac-out from pilot hole, taken from the north bank of the Withlacoochee River, about 2000 feet upstream from the US 84 bridge.
Photo: John S. Quarterman, October 22nd 2016.

One approach to change that is a Bill of Rights for Nature (BOR), to change the legal structure so rivers, swamps, aquifers, lakes, etc. presumptively have rights that corporations have to prove they are not violating.

For example, Suwannee Riverkeeper is helping oppose a company that wants to mine titanium within three miles of the Okefenokee Swamp, which is the headwaters of the Suwannee and St. Mary’s Rivers, and above the Floridan Aquifer, from which all of south Georgia and north Florida drinks.

http://wwals.net/issues/titanium-mining/

[Tribal Grounds west along GA 94 to TPM equipment, 12:38:38, 30.5257540, -82.0411100]
Tribal Grounds west along GA 94 to TPM equipment, 12:38:38.
Photo: John S. Quarterman for WWALS, on Southwings flight, pilot Allen Nodorft, 2019-10-05.

We shouldn’t have to get more than 20,000 comments sent to the U.S. Army Corps of Engineers (you can still comment) pointing out that the Okefenokee National Wildlife Refuge contributes far more jobs (700+) and other economic benefits (more than $60 million/year) to the region and to Florida and Georgia than even the wildest promises of the miners (150-200 as in the application? 300? 350, as they told some reporters?), and the mine would risk all that, including boating, fishing, and birding in the Swamp and hunting around it. We should be able to point to the rights of the Swamp, Rivers, and Aquifer, and the miners should have to prove beyond a shadow a doubt that they would not violate them.

When the Georgia House of Representatives overwhelmingly refused to grant easements for the Sabal Trail fracked methane pipeline to drill under Georgia rivers, that should have stopped the pipeline.


Soil eroded off farmer Randy Dowdy’s prize-winning soybean field into nearby wetlands because of Sabal Trail fracked methane pipeline.
Photo: Kevin Dowdy in S.W Georgia Farm Devastated From Pipeline Construction, AgWeb, 14 March 2017.

Instead, the pipeline company sued in county superior courts and got the easements anyway, because they had federal eminent domain from the Federal Energy Regulatory Commission (FERC).

Waterkeeper Alliance already two years ago passed a resolution to reform FERC, possibly including getting private eminent domain out of the Natural Gas Act. That still needs to be done, and a movement for a Bill of Rights for Nature could help with that, too.

The Suwannee and Santa Fe Rivers are Outstanding Waters of Florida, which is supposed to mean anybody proposing to impinge upon them has to prove no harm, but the Florida Department of Environmental Protection claimed that was proven, despite evidence to the contrary. One year later, what our expert witness said could happen did happen on a tributary of the Suwannee.

A Bill of Rights for Nature would be stronger, and might have stopped that pipeline, and might make the opposition to the titanium mine much easier.

You may have heard Toledo, Ohio, passed a Bill of Rights for Lake Erie.

Sure, there is legal chicanery going on to try to nullify it. That means polluters are afraid of it.

Or you may have heard of the multiple successes in Latin America, India, New Zealand, and elsewhere.

Involved in almost all of them is CELDF, the Community Environmental Legal Defense Fund. CELDF is has copious educational materials on their website, with pointers to where this has worked. They are also willing to send speakers to local meetings.

In the Suwannee River Basin, right now a group called Santa Fe Bill of Rights (SaFEBOR) is rustling up signatures to get a referendum on the November ballot to change the corporate charter of Alachua County, Florida, to add a Bill of Rights for the Santa Fe River. Alachua County is home of Gainesville, Florida and the University of Florida; the Santa Fe River is its northern and western border.

This SaFEBOR effort is intended to be a start for BOR for all of Florida and beyond. Suwannee Riverkeeper supports it, and is cogitating how to do something similar for all our 35 counties in Florida and Georgia, and maybe for both states. Yes, we know this will be uphill and may take years. But we like to be proactive, rather than just reacting.

Merely trying to pass a BOR generates positive support. Already, SaFEBOR has the Gainesville Sun, a large regional newspaper, editorializing to spread this movement to every election.

This approach is broader than just giving a river rights of personhood, because rivers and aquifers and many other waterbodies cover much more territory and affect far more things and people than the average person or even the average corporate person.

Suwannee Riverkeeper supports Delaware Riverkeeper Network’s movement for a Green Amendment like Pennsylvania already has. Pennsylvania has rights to clean air and water right next to freedom of speech in its Constitution, and a recent court case by Delaware Riverkeeper Network established that that section is self-enforcing. People can sue based on the Constitution alone: no further enabling legislation is required. We’re all for that. Clean air and water rights for people is opposite and complementary to rights for rivers and aquifers. And why not both?

We need something to get mass support. People who want to swim, boat, fish, and hunt often already realize their rivers are bigger than just them. A Bill of Rights for Nature could get their support. SaFEBOR is demonstrating it can get support from students and even business people: what fishing or tourism is left if a mine destroys the river?

Waterkeepers are everywhere, and are well-positioned to get Bills of Rights for Nature passed everywhere.

Railroad bridge, Suwannee RSP
Suwannee River at Withlacoochee River Confluence
Photo: John S. Quarterman, 2015-08-15

For all these reasons, Suwannee Riverkeeper is asking Waterkeeper Alliance and individual Waterkeepers to consider joining the movement to pass Bills of Rights for Nature.

We ask everyone reading this to consider the same. Why should we have to prove a pipeline or mine is not going to damage our waters? Let’s reorganize the legal system so big corporations have to prove they will not infringe the Rights of Nature.

 -jsq, John S. Quarterman, Suwannee RIVERKEEPER®

You can join this fun and work by becoming a WWALS member today!