In a novel filing, Orange County water bodies are listed as plaintiffs in a lawsuit being litigated in the Orlando circuit court that alleges the developer of a 1,923-acre site is endangering Lake Mary Jane’s right to exist.
The lawsuit, which was also filed on behalf of Charles O’Neal, president of the environmental group Speak Up Wekiva, represents a test of whether elements of the natural environment, such as lakes and marshes, have legal rights. Filed in January, the complaint calls on the court to block the secretary of the Florida Department of Environmental Protection from issuing dredging and filling permits to developer Beachline South Residential.
The lawsuit seeks compensatory damages of more than $30,000 and argues that an Orange County Charter Amendment gives Orange County residents standing to file such civil suits on behalf of bodies of water.
“It shall be unlawful and a violation of this section of the charter for any governmental agency, non-natural person or corporate entity to intentionally or negligently pollute the Wekiva River and Econlockhatchee Rivers within the boundaries of Orange County, or any other waters within the boundaries of Orange County,” the charter amendment passed by voters in 2020 states.
Opponents to the concept of “rights of nature” in litigation, however, point out that the state Legislature and governor subsequently enacted a law pre-empting the charter amendment. In addition, opponents argue that the state, not local governments, has the power to determine what laws are needed to protect waterways.
Kady Valois, an attorney with the Pacific Legal Foundation, is among those expressing concerns about the Orange County lawsuit.
“This case in particular raises an interesting constitutional issue because Gov. (Ron) DeSantis specifically pre-empted local governments from granting individuals the right to sue on behalf of plants, animals, bodies of water or other elements of nature,” Valois told the Florida Record in an email. “On a practical level, though, expanding standing to allow any individual who has lived in Orange County for a year to sue on behalf of the county’s waterways not only poses the danger of overloading the court system but also endangers development the county desperately needs.”
The Beachline South Residential project is a mixed-use – residential and commercial – development. Orange County continues to grow and will require additional infrastructure and affordable housing, according to Valois.
“Allowing people to forestall that development with what could turn out to be frivolous litigation, harms the very people who enjoy Orange County’s waterways and nature,” she said. “There has to be a better balance to be struck that doesn’t discourage development and allow endless lawsuits on behalf of a non-sentient river.”
The lawsuit argues that the loss of wetlands caused by the Beachline project would cut the flow of clean water to waterways such as Lake Mary Jane and threaten their right to exist.