Tag Archives: Rights of Nature

Eulogy for Christopher Stone: Should Trees have Standing? 2021-05-19

“Nature should have its own voice…,
even though nature can’t speak.
Corporations can’t speak.
Nation states can’t speak.
They hire a counsel to speak for them.”

Christopher D. Stone said that in 2013, revisiting a legal theory he pioneered in 1972.

He died May 14, 2021, and there is a lengthy eulogy. Emily Langer, Washington Post, 2021-05-19, Christopher Stone, environmental scholar who championed fundamental rights of nature, dies at 83.

But first, hear the professor speak.

[Christopher Stone Revisits
 "Should Trees Have Standing?" -USC Gould School of Law 2021-07-30]
Christopher Stone Revisits “Should Trees Have Standing?”

Here is the video by USC Gould School of Law:

He describes a situation that seems eerily familiar:

Walt Disney Enterprises had proposed to develop Mineral King Valley. By develop meaning put in motels, restaurants, and things of that sort. The Sierra Club challenged the permit, permitting this to go on. And the case went up to the Ninth Circuit. And the Forest Service said, look, you don’t have standing, you the Sierra Club don’t have standing. Maybe this is a wrong to issue the permit, but you are not injured, you as a club are not injured.

That scenario is familiar for two reasons.

Early on, Walt Disney World was intended to be in Lowndes County, Georgia, as recounted by numerous local people here who remember when it happened. This actually makes more sense as a location than Orlando, because it would have been next to I-75 and not far from I-10, with easier road access from more of the U.S. population than Orlando. It didn’t happen because Continue reading

The regulatory trap at SRWMD: 30 speakers, yet unanimous Nestle permit 2021-02-23

A textbook case: “We present our three-minute, passionate oration about the risk to community health, but in the end, nothing we say must be taken into account by the state in issuing the permit.&rdqup; Common Sense: Community Rights Organizing, by CELDF; thanks to Karma Norjin Lhamo for the reminder.

[Mermaid, Suwannee Riverkeeper, OSFR, Regulatory Fallacy, Charles Keith, Attorneys, Motion to Permit, unanimous SRWMD Board]
Mermaid, Suwannee Riverkeeper, OSFR, Regulatory Fallacy, Charles Keith, Attorneys, Motion to Permit, unanimous SRWMD Board

About 30 speakers gave impassioned orations for denial, after which the Suwannee River Water Management District Board unanimously approved the Nestlé permit as fast as the roll could be called.

[SRWMD Board: Larry Thompson, Lower Suwannee Basin; Charles Keith, At Large; Virginia H. Johns, Chair, At Large; Virginia Sanchez, At Large; Charles Schwab, Coastal Rivers Basin; Harry Smith, At Large; Larry Sessions, Upper Suwannee Basin]
SRWMD Board: Larry Thompson, Lower Suwannee Basin; Charles Keith, At Large; Virginia H. Johns, Chair, At Large; Virginia Sanchez, At Large; Charles Schwab, Coastal Rivers Basin; Harry Smith, At Large; Larry Sessions, Upper Suwannee Basin. Notice nobody on the SRWMD Board representing the Santa Fe River Basin. Water taxation without representation.

As one prominent local activist said afterwards, “Two years out of my life I’ll never get back! I don’t know if I’ll ever come back here.”

Sure, voting in a governor who would appoint better WMD board members would help, and into the legislature, too. New legislators would help pass what is really needed: a Bill of Rights for Nature.

That is a way out of the Regulatory Fallacy Box. Continue reading

FDEP assumes Clean Water Act permitting from U.S. EPA 2020-12-17

Despite opposition by Waterkeepers Florida and many other people and organizations, last Friday U.S. EPA gave a big present to Florida developers, by approving FDEP’s assumption of Clean Water Act Section 404 permitting from the U.S. Army Corps of Engineers. The EPA announcement says “The action formally transfers permitting authority under CWA Section 404 from the U.S. Army Corps of Engineers (Corps) to the State of Florida for a broad range of water resources within the State.” It neglects to mention that almost all of the Suwannee River Basin got left out, including the middle and upper Suwannee River, and the Withlacoochee, Alapaha, Santa Fe, Ichetucknee, and New Rivers, as well as the Withlacoochee South River basin.

[EPA announcement over WKFL opposition, our rivers left out]
EPA announcement over WKFL opposition, our rivers left out

FDEP got around to releasing a Draft Retained Waters Screening Tool a few weeks ago, after the public comment period. It seems to confirm what we already deciphered from FDEP’s assumption documents: only part of the Lower Suwannee River and Estuary, ditto the lower Withlacoochee South River, end up being covered by either USACE or FDEP. The vast majority of the Suwannee River Basin fell through the cracks. Of course, we and WKFL and many others will not stop working for fishable, swimmable, drinkable waters. About time for a Bill of Rights for Nature, too. Continue reading

Waterkeepers Florida for home rule, against state pre-emption of environmental ordinances 2020-02-14

On Friday, February 14, 2020, Waterkeepers Florida (WKFL) passed this valentine in support of local environmental measures and in opposition to statewide pre-emption:

WKFL to take a position in opposition to state preemption of local governments’ ability to regulate local environmental protections, including, but not limited to, those related to Rights of Nature, single-use plastics or polystyrene, fertilizers, and sunscreens.

[Announce]
Announce

This motion was partly provoked by two bills in the Florida legislature right now that would pre-empt the rapidly growing Florida Rights of Nature movement. You can help stop the bad parts of those bills; follow the link.

But the motion goes beyond that, to other topics, and any pre-emption part of any bill.

Waterkeepers Florida represents all the Waterkeepers of Florida. Continue reading

Videos: John Moran, Doug Shields, Chuck O’Neal @ FL RoNCon 2020-02-08

The two days John Moran spent writing his talk paid off, along with the years of photographing what was and what is left of the waters of Florida. If you watch none of the rest of these videos from the Florida Bill of Rights for Nature, the three with John Moran’s talk are well worth your time.

John Moran

Below are links to each WWALS video. I didn’t video everything; mostly a few speakers whom I had told in advance.

Doug Shields explains how he got the Pittsburgh, PA, City Council to be the first in the U.S. to ban fracking, and how it spread from there, and what that has to do with Rights of Nature.

Chuck O’Neal of WEBOR explains the three ways you can get a Bill of Rights for Nature passed in a Florida County, and how he did it in, Orange County

As already posted, David Moritz explains the one that may have started it all in Florida, Santa Fe Bill of Rights (SaFEBoR).

You should be able to follow the demonstration of Tools not working for Florida’s environment even if you don’t know FDEP from a WMD, or if you’re familiar with a different state or country. The problems are the same everywhere: laws, agencies, and rules rigged against nature. That’s why we need a Bill of Rights for Nature, in each county, state, and country. Continue reading

Florida Rights of Nature Convention 2020-02-08

Update 2020-02-09: Videos: John Moran, Doug Shields, Chuck O’Neal @ FL RoNCon 2020-02-08

What Santa Fe Bill of Rights (SAFEBOR) started only nine months ago has blossomed into a dozen county or river Rights of Nature movements across the State of Florida.

David Moritz, SAFEBOR

Here is WWALS video of what David Moritz said about SAFEBOR. More will follow, especially of what John Moran said. Continue reading