A network of streams, lakes and marshes in Florida is suing a developer and the state to try to stop a housing development from destroying them.
The novel lawsuit was filed on Monday in Orange county on behalf of the waterways under a “rights of nature” law passed in November. It is the largest US municipality to adopt such a law to date.
The listed plaintiffs are Wilde Cypress Branch, Boggy Branch, Crosby Island Marsh, Lake Hart and Lake Mary Jane.
Laws protecting the rights of nature are growing throughout the world, from Ecuador to Uganda, and have been upheld in courts in India, Colombia and Bangladesh. But this is the first time anyone has tried to enforce them in the US.
The Orange county law secures the rights of its waterways to exist, to flow, to be protected against pollution and to maintain a healthy ecosystem. It also recognizes the authority of citizens to file enforcement actions on their behalf.
The suit, filed in the ninth judicial circuit court of Florida, claims a proposed 1,900-acre housing development by Beachline South Residential LLC would destroy more than 63 acres of wetlands and 33 acres of streams by filling and polluting them, as well as 18 acres of wetlands where stormwater detention ponds are being built.
In addition to seeking to protect the waterways’ intrinsic rights, the suit claims the development would disrupt the area’s hydrology and violate the human right to clean water because of pollution runoff from new roads and buildings.