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Your questions answered
These FAQs help answer any questions about our organization and our ordinance. The template can be tailored to local communities.
Standing for Washington’s ordinance template is based on protecting local watersheds in Washington state and was successfully passed in Everett. The ordinance is focused on legal rights for watersheds because healthy watersheds are integral to healthy communities.
Protecting a watershed means it is able to perform its vital functions: filtering and cleaning water, providing healthy ecosystem habitats, flood reduction, supporting economic benefits, and ensuring a sustainable future.
Contact us if you don’t see your question answered or want to learn more about running an initiative in your community.
About the ordinance
What does the ordinance do?
The ordinance that would recognize the rights of the watershed (within the boundary of the municipality) to exist, regenerate, and flourish, and give it legal standing, or the ability to enforce those rights in court. This means that any person or entity in that municipality could go to court, if necessary, on behalf of the watershed to sue anyone who is polluting or causing serious damage to it. Those found in violation would have to pay for restoration costs.
This ordinance puts the stewardship of the watershed in the hands of the community, which means anyone from the government to nonprofits to individuals to corporations are able to go to court on the watershed’s behalf if they have sufficient proof of the harm. It also means that would-be violators will think twice before harming the watershed if they know there is a greater chance they will be held accountable.
Passing such an ordinance would ensure that the watershed is able to perform its vital functions of filtering and cleaning water, providing healthy ecosystem habitats, flood reduction, supporting economic benefits, and ensuring a sustainable future.
What does "legal standing" mean? How would it work if the watershed had legal standing?
Legal standing is a legal term that refers to the ability of a person or entity to bring a lawsuit in court. To have legal standing, the person or entity must show that they have been directly affected by the issue at hand. In simpler terms, it’s like having the right to speak up in court because the problem impacts you personally.
Giving legal standing to the watershed means that the watershed itself would be recognized as having rights that can be defended in court. This would allow people or organizations to go to court on behalf of the watershed if it is being harmed. For example, if pollution or development is damaging the river or its tributaries, someone could file a lawsuit to stop the harm and protect the watershed.
In essence, it empowers the community to act as guardians of the watershed, ensuring its health and vitality for future generations. This approach encourages sustainable practices and holds violators accountable for any damage they cause to the environment.
Why do watersheds need rights?
Watersheds are like the lifeblood of our environment, and protecting them is crucial because they serve several important functions for the health and vitality of our communities:
- Clean Water: Healthy watersheds act as natural filters, removing pollutants and sediment from rainwater and snowmelt before it reaches rivers, lakes, and ultimately, our drinking water supplies. Damaged watersheds allow these contaminants to flow freely, jeopardizing water quality.
- Healthy Ecosystems: Watersheds provide vital habitats for a diverse range of plants and animals. Protecting them safeguards these ecosystems and the interconnected web of life they support.
- Reduced Flooding: Healthy watersheds with healthy vegetation absorb rainwater and snowmelt, reducing the risk of flooding downstream. Damaged watersheds with less vegetation experience faster runoff, leading to flash floods and erosion.
- Economic Benefits: Healthy watersheds support recreation like fishing, swimming, and boating, which are important for tourism and local economies. Additionally, clean water is essential for agriculture and industry.
- Sustainability: Protecting watersheds ensures a sustainable future. We rely on them for our most basic needs, and by safeguarding them, we ensure clean water and healthy ecosystems for generations to come.
By recognizing watersheds as legal entities with rights, it becomes possible to advocate for their protection in a more structured and potentially more effective manner, independent of the limitations that governments face.
Why does it recognize the rights of the watershed and not the rights of people?
Recognizing the rights of nature, particularly for our watersheds, is a proactive step towards ensuring the long-term health and sustainability of our environment and community. While individuals already have avenues for legal recourse through common law if they can demonstrate harm caused to them, recognizing the rights of nature provides an additional layer of protection for ecosystems that may not be adequately safeguarded under existing legal frameworks.
One of the key reasons for recognizing the rights of nature is to address the inherent limitations of traditional legal approaches, which often prioritize human interests over those of the environment. By granting legal standing to our watersheds and acknowledging their rights to exist, regenerate, and flourish, we are acknowledging the intrinsic value of the natural world and its essential role in supporting life on Earth.
Furthermore, recognizing the rights of nature enables us to take a more holistic and proactive approach to environmental protection. Rather than waiting for harm to occur to individuals before taking action, we can work to prevent harm to the watershed itself in a systemic way, thereby safeguarding not only the ecosystem but also the many benefits it provides to our community, economy, and future generations.
Benefits of the ordinance
Will this discourage new housing during an affordability crisis?
Nothing in the ordinance discourages new development, including new housing, it merely encourages RESPONSIBLE DEVELOPMENT. New housing and developments can follow best practices in ensuring that they impact the watershed, and therefore the entire community, in a negative way to the benefit of businesses being able to cut corners and cause harm.
Rather than paving over our vital natural resources, this ordinance encourages the community to add housing in a sustainable way, like building up over big box stores and strip malls that already take up a ton of space in the city. Residents should be able to having housing AND a clean, safe watershed that provides a healthy environment and economic opportunities for generations to come.
Who benefits financially from the ordinance?
No one would benefit financially from this ordinance or its enforcement. Anyone who filed a lawsuit would be doing so on behalf of the watershed. If the watershed could prove harm and win in court, the remedy would be for the party causing the harm to pay the municipality exclusively for the complete restoration of the watershed to its natural state before the violation.
Will this ordinance help with environmental justice?
Yes, this ordinance plays a crucial role in advancing environmental justice by empowering communities to protect and advocate for the health and well-being of their local watershed.
Environmental justice is about ensuring that all communities, regardless of race, income, or socioeconomic status, have equal access to clean air, water, and a healthy environment. Unfortunately, marginalized and frontline communities often bear the brunt of environmental pollution and degradation, leading to disproportionate health impacts and economic burdens.
By recognizing the rights of the watershed and granting legal standing to protect its essential functions, this ordinance empowers local residents, especially those from historically marginalized communities, to actively participate in decision-making processes and hold accountable those who may harm their environment. It provides communities with a powerful tool to address environmental injustices and advocate for equitable access to clean water, habitat preservation, and a healthy environment for future generations.
In essence, this ordinance is not just about protecting the watershed; it’s about promoting environmental equity and ensuring that all communities have the opportunity to thrive in a safe and sustainable environment.
Legal safeguards of the ordinance
It says violations would not need to be proven with "scientific certainty." Won’t that just make it easier to get sued for something that really isn’t harmful to the watershed?
While the ordinance doesn’t require scientific certainty to prove harm to the watershed, it does enable a broader understanding of potential threats to the watershed, requiring credible evidence before action is taken. This approach prevents unnecessary lawsuits and ensures that real concerns, even those not fully understood by current science, are addressed. This approach balances the need to protect the watershed with the rights of individuals and businesses.
The “Precautionary Principle” is a concept that translates from “Vorsorgeprinzip,” the term for Germany’s response in the 1970’s to forest degradation and sea pollution when they banned chemicals that seemed to be causing damage despite not yet having concrete scientific evidence. This precautionary stance is essential. Historically, communities have often been told that new developments or practices are safe, only to suffer the consequences later. For example, “forever chemicals” have been found in our DNA long after their introduction. By requiring those introducing potential harms to prove the safety of their actions, we can better protect the watershed and the community.
In 2024, businesses have access to numerous best practices that minimize harm to the environment. The possibility of legal action encourages responsible stewardship of the watershed, benefiting not just the environment, but also the businesses that depend on a healthy ecosystem. Businesses, especially those involved in boating, fishing, kayaking, and eco-tourism, rely on a thriving watershed to attract customers and support their operations. The ordinance promotes a balanced approach where both the community and businesses thrive while safeguarding vital natural resources.
It’s important to remember that the goal isn’t to encourage frivolous lawsuits but to prevent potential harm to the watershed. By shifting the burden of proof to those proposing actions that might impact the watershed, we can promote a more precautionary approach. This means prioritizing the health of the watershed while still allowing for responsible development and business activities.
Ultimately, the ordinance is designed to foster a collaborative approach between the community, businesses, and government to protect this vital resource for future generations.
Won’t this just cause a lot of frivolous lawsuits?
Groups can already bring lawsuits under the Clean Water Act, Clean Air Act, Endangered Species Act, and other environmental laws. This just allows the watershed to be a party in the same kinds of actions.
Several safeguards exist to deter frivolous lawsuits in general:
- Legal Standards. Courts have strict rules about what constitutes a valid claim. Cases lacking merit are often dismissed early in the process.
- Pleading Requirements. To initiate a lawsuit, detailed and specific allegations must be made. This helps filter out baseless claims.
- Discovery Process. This phase allows both sides to gather evidence. Weak cases often become apparent during this stage.
- Summary Judgment. If there’s no genuine dispute over material facts, a judge can decide the case without a trial, dismissing frivolous claims.
- Attorney Ethics. Lawyers have ethical obligations to not file frivolous lawsuits. Violations can lead to disciplinary action.
- Financial Risk and No Gain. Lawsuits involve costs like filing fees and attorney fees. This can deter people from pursuing meritless claims, especially when the plaintiff doesn’t stand to personally gain monetarily.
- Sanctions. Courts can impose penalties on parties who file frivolous lawsuits, including paying the other side’s legal fees.
Isn't the ordinance too broad or too vague to be enforceable?
The ordinance is intentionally broad in its scope to provide flexibility in addressing the complexities of protecting a watershed, which is a dynamic and interconnected ecosystem. While it may appear vague on the surface, the ordinance lays out clear principles and rights of the watershed, ensuring that its essential functions and integrity are safeguarded.
Courts have a long history of interpreting and applying laws, including environmental ordinances, to specific cases based on the facts presented and established legal principles. In the case of this ordinance, courts may look to existing environmental regulations and scientific standards to provide guidance and context for enforcement. Additionally, legal precedents and case law can help clarify the scope and application of the ordinance, ensuring that it is effectively enforced in a manner consistent with its objectives.
Overall, while the ordinance may be broad in its language, it provides a strong foundation for protecting the rights of the watershed and can be enforced through established legal processes with due consideration for the unique characteristics of the ecosystem and the principles of environmental law.
Will this ordinance even do anything if courts just apply existing regulations or if it is preempted by existing law?
While it may seem like this ordinance could ultimately not having any legal bite, there would still be benefits to passing this ordinance.
- Compel Government Action. The ordinance could strengthen a community’s ability to compel the government to mitigate environmental problems that the government has not yet addressed, and make the government take a more reflective approach to how its regulations impact the watershed’s rights.
- Assist Government Action. Limited resources, political pressures, and regulation fatigue may all affect how much a government can get done to protect a watershed. This ordinance would give the community the ability to provide legal leverage, maintain a long-term focus, and give voice to the community that relies on the watershed for its well-being.
- Fill in the Cracks. This ordinance enables protection of the watershed without any cost to taxpayers, additional regulations, or any requirements on the part of anyone except to make sure they aren’t causing real harm to the watershed on which the community relies.
The limits of current protections
Isn't the government supposed to be protecting our watershed?
The government absolutely has a role in protecting our watersheds. They play a crucial role in setting regulations and enforcing them. However, there are limitations to that approach.
- Limited Resources: The government relies on tax dollars to fund environmental protection efforts. This means they may not always have the resources for the level of monitoring and enforcement needed for a healthy watershed.
- Political Pressures: Environmental regulations can be subject to political whims. Lobbying and political agendas can sometimes weaken or even dismantle these protections.
- Regulation Fatigue: Heavily regulated environments can create frustration and pushback. Finding the right balance between necessary safeguards and reasonable regulations is important.
By giving the watershed legal standing, we create another layer of protection. This wouldn’t replace the government’s role, but it could:
- Provide Legal Leverage: The watershed could become a party in lawsuits challenging actions that harm its health.
- Long-Term Focus: Legal standing would transcend political cycles, ensuring consistent protection for the watershed.
- Community Voice: It could give a voice to the community that relies on the watershed for its well-being.
Think of it as adding another soldier to the fight for a healthy watershed. It wouldn’t make the government’s role obsolete, it would strengthen the overall effort.
Governments themselves would also have this as another tool in their efforts to protect the watershed.
Aren't there already too many government regulations?
There is a growing frustration with the sheer number of government regulations. While the government plays a crucial role in protecting watersheds, we’ve seen two main issues with this approach:
- Regulations Can Have Gaps: Despite the abundance of regulations, watersheds continue to suffer from pollution, habitat loss, and declining biodiversity. The current system might not be comprehensive enough to address the ever-growing pressures on our water sources.
- Regulation Fatigue is Real: An overwhelming number of regulations can lead to unnecessary burdens and unintended consequences. This can breed resentment and foster distrust among the public, making it challenging to garner support for necessary measures.
So, what’s the alternative? The concept of granting legal standing to watersheds is elegant in its simplicity, offering a unique solution without adding additional regulations or regulatory complexities. Instead, it would:
- Empower Communities: People who rely on the health of the watershed for their well-being, their economy, and their way of life would have a stronger voice in its protection.
- Shift the Focus From Government Enforcement to Community Stewardship: This stewardship is rooted in the deep interconnection between communities and their watersheds, which are indispensable for public health, economic stability, tourism, and recreational activities.
Think of it as a way to move beyond a system solely reliant on regulations. It would empower the very people who have the most to gain from a healthy watershed to become its active guardians.
Don’t we already have environmental laws in place?
Yes, we do have environmental laws in place, and they play a vital role in protecting our planet.
But current environmental laws legalize environmental harms. They regulate how much pollution or destruction of nature can occur under law by setting thresholds for pollution, habitat destruction, and resource extraction. Rather than preventing pollution and environmental destruction, our environmental laws allow and permit it. These laws primarily protect money interests rather than prioritizing nature itself, which in turn protects the health, economy, and vitality of the community.
This ordinance offers some distinct advantages:
- Focus on Prevention: Environmental laws often focus on regulating pollution or damage after it occurs. This ordinance can help prevent harm by giving the Watershed and residents a legal voice to challenge actions that could be detrimental to its health.
- Standing in Court: Current laws can make it difficult for citizens to sue polluters or challenge environmentally destructive projects. This initiative would allow the Watershed itself to be represented in court, meaning in anyone in the community has legal standing to represent it in court against bad actors.
- Stronger Protections: Environmental regulations may have limitations or exemptions, especially with changing political currents. This initiative would ensure that the health, vitality, and existence of the Snohomish River Watershed remains a priority.
Think of it this way: seatbelt laws are essential for car safety, but they don’t prevent all accidents. Similarly, environmental laws are crucial, but giving the watershed legal standing can offer an additional layer of protection for it.
The ultimate goal is to create a stronger, more holistic approach to environmental protection. Existing laws and this initiative providing the ability of the community to protect the watershed directly, can work together to ensure a healthy watershed for us and future generations.
Take action
How can I support bringing initiatives to other municipalities?
You can:
- Check to see if running an initiative is possible in your city or county, then contact us if you’re interested in running one or learning more about the potential.
- Donate anything you can to support Standing for Washington and its efforts to run initiatives around the state.
- Volunteer to help gather signatures, spread the word, or any other special talents you might have to offer.