The day after Christmas, the Florida Fifth District Court of Appeal rejected a titusville charter amendment approved by 83% of local voters for Right to Clean Water (RTCW).

We recognize the overwhelming support of this charter amendment by the residents of the City of Titusville and the admirable policies of the amendment. However, the Legislature in drafting section 403.412(9)(a) of the Environmental Protection Act has not authorized the types of rights provided for in the charter amendment. As such, an appellate court has no power to change or alter what the Legislature mandated.

A week before, the Montana Supreme Court upheld a youth climate case, based on Montana’s 1972 Environmental Rights Amendment. Florida needs to catch up to Montana and Pennsylvania.

“[Montana’s] constitution does not require that dead fish float on the surface of our state’s rivers and streams before its farsighted environmental protections can be invoked.” —Justice Trieweiler, Montana Supreme Court, MEIC v. Montana DEQ 1999

Florida Right to Clean Water, Please sign the petition, Join Montana and Pennsylvania

Florida needs a Right to Clean Water in the state constitution to reverse that legislative pre-emption and to go farther in protecting Florida’s waters, like Montana and Pennsylvania have already done.

Go here to have your copy of the petition mostly filled out for you: https://bit.ly/FRTCW-petition

QR Code, Florida RTCW Petition

Or do it yourself by getting a copy at
https://floridarighttocleanwater.org

WWALS and many other organizations hand out petitions at festivals and outings.

Montana has a state Environmental Rights Amendment (ERA). Pennsylvania also has an ERA, and its Supreme Court has upheld similar cases.

Amy Beth Hanson, Associated Press, December 18, 2024, Montana Supreme Court upholds state judge’s landmark ruling in youth climate case Continue reading →