What David Boyd says about a human right to a healthy environment is applicable to our “Right to Clean and Healthy Waters” amendment. “Many efforts to achieve climate and environmental justice,” he states, “are David and Goliath struggles. The opponents of progress are powerful, wealthy elites with vested interests in prolonging the status quo because it benefits them immensely.” https://lnkd.in/esy5neBY, our supporting organizations, and every voter who has and who will sign our petition, are David. Powerful industries (more so than wealthy elites) and the pollution politics they impose upon our environmental regulatory system are Goliath. “The right to a clean, healthy and sustainable environment,” Mr. Boyd continues, “could be a mere paper tiger, a set of inspiring words that are inscribed in resolutions and laws, yet rarely acted upon. But in most [nations], it should be a mighty lion with a resounding roar.” Once enshrined in our state constitution, that’s what our “Right to Clean and Healthy Waters” can be—a “mighty lion with a resounding roar.” Read more! https://lnkd.in/ewRXwuH8
Florida Right To Clean Water’s Post
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ENVIRONMENTAL JUSTICE TAKES A HIT ON DAY ONE OF TRUMP ADMINSTRATION Among the many executive orders and presidential directives issued on the first day of the second Trump was an executive order on Ending Radical and Wasteful Government DEI Programs And Preferencing. With respect to environmental justice, it ordered that within sixty days of this order: (1) the termination to the maximum extent allowed by law, all “environmental justice” offices and positions; (ii) providing the Director of the OMB with a list of all: “environmental justice” positions, committees, programs, services, activities, budgets, and expenditures in existence on November 4, 2024, and an assessment of whether these positions, committees, programs, services, activities, budgets, and expenditures have been misleadingly relabeled in an attempt to preserve their pre-November 4, 2024 function; and (3) identifying Federal grantees who received Federal funding to provide or advance “environmental justice” programs, services, or activities since January 20, 2021. In addition, the executive order entitled Initial Rescissions of Harmful Executive Orders and Actions Executive Order which in essence cancels all of President Biden’s executive orders (including his order canceling all of Trump’s first term orders) listed the Biden Executive Order 14096 of April 21, 2023 (Revitalizing Our Nation’s Commitment to Environmental Justice for All). What all of this actually means for EJ and related activities at the Federal level going forward is uncertain. Will EJ considerations in permitting and enforcement disappear? Will the community air monitoring projects in 37 states that received funding through the Inflation Reduction Act and the American Rescue Plan continue? Time will tell. #EJ #Environmentaljustice #TrumpEPA #Executiveorders https://lnkd.in/edpKaAJY
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TOMORROW: Join us at 3 – 4pm on 26th June, for our webinar discussing one of the leading climate cases of 2024 – Finch v Surrey County Council. Estelle Dehon KC, Harriet Townsend, Ruchi Parekh, Nina Pindham, Dr Alex Williams and David Welsh all appeared in the case and will be giving their reactions to the Supreme Court judgment. Find out details of how to register here: https://lnkd.in/esm3A2UF #PlanningLaw #EnvironmentalLaw
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History whispers through treaties, rivers murmur stories of broken promises, and ancestral lands bear the scars of injustice. But a powerful voice is rising ✊: Environmental Justice must recognize the unique legal and natural connection of Native Peoples to the land ️, as affirmed by treaties, agreements, and covenants (signed, but often broken ). This principle honors the inherent sovereignty and self-determination of Indigenous Nations 🪶, a right enshrined in these agreements. It's time to mend the past and ensure environmental justice for all! Read more about The Principle of Environmental Justice 11 here: https://buff.ly/3XrOd1I #EnvironmentalJustice #IndigenousRights
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Shantal Pai’s article tells the history of tribal policy and property rights and discusses how that history impacts today’s environmental regulations. Read it here: https://ow.ly/yfmQ50TkFOO
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We have focused on state and local regulation in the climate space in the past two years and last week, we got the last and best word on whether New York's Green Amendment created private rights of action. In the blog linked below, Samuel Rasche and I break down a recent NY intermediate appellate decision in the Fresh Air for the Eastside case, which evaluated whether an NGO can use the Green Amendment to sue private or public actors. Short answer, no. What's next? Probably a trip to New York's highest court for this case. At least theoretically, we could see action in NY's legislature to give the Green Amendment more teeth. Want to know more? Read below.
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Check out this ALL NEW All Things Being Equal: An on-line journal exploring society, culture, and politics through an egalitarian lens. Open to readers and writers committed to an egalitarian world. Here's a taste. Let's remember the less-reported anti-environment policies that really threatened American lives: https://lnkd.in/gRWEidfN
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As rising seas, extreme weather frequency, and other climate impacts threaten to displace entire communities, policymakers in the areas where displaced populations may migrate face unprecedented challenges as they work to accommodate influxes of new residents. Next week, a panel of experts that includes Professor Jaclyn Lopez, Director of Stetson's Jacobs Law Clinic for Democracy and the Environment will explore ways in which receiving communities can plan for what is to come. Learn more and register: https://bit.ly/4ehZCpI
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EDF's succinct report on #SCOTUS and environmental law brought to mind 2 quotations from recent Supreme Court cases: 1) From J. Thomas's concurrence in Sackett v. EPA, a case that overruled 45+years of Clean Water Act regulations for wetlands, where he insists that “the Court’s Commerce Clause jurisprudence has significantly departed from the original meaning of the Constitution,” and “nowhere is this deviation more evident than in federal environmental law." 2) From J. Kagan's dissent in Loper Bright Enterprises v. Raimondo, a case that overturned Chevron v. NRDC, a bedrock precedent of federal administrative law, where she asserted, "The majority disdains restraint, and grasps for power." From both sides of the controversy, these 2 quotations shed light on the shear enormity of the jurisprudential earthquake under way.
In a new Environmental Defense Fund white paper, Vickie Patton, Megan Herzog and I briefly survey the startling damage that the Supreme Court, in just the last four years, has done to the admirable body of law that legislators, presidential administrations, and judges from both major parties and of diverse outlooks managed to build over decades to secure clean air and water and protect natural resources in this country. We also discuss some of the important cases on the Court's docket as the new term begins.
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