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GREAT RIVERS ENVIRONMENTAL LAW CENTER AND THE MISSOURI COALITION FOR THE ENVIRONMENT SUE STATE OF MISSOURI FOR UNCONSTITUTIONALLY PASSING LAW HOSTILE TO STATE PARKS

On behalf of the Missouri Coalition for the Environment and Thomas Sager, Great Rivers Environmental Law Center filed suit in Cole County Circuit Court on Thursday, May 17, against the state of Missouri over its passage of Senate Bill 35, which makes the Department of Natural Resources (DNR) jump through more hoops, at taxpayer expense, to acquire land for state parks.

The Missouri Coalition for the Environment and Sager challenge the bill because the way the legislature passed it in 2017 was unconstitutional. The law imposes new requirements on the DNR when it purchases land, requirements not imposed on other state agencies. The bill was passed in retaliation to former Governor Jay Nixon’s establishment of four new state parks. SB 35 forces DNR to provide additional public notice to every public official in the counties in which any part of the land lies, publish notice in newspapers, and hold a public hearing in each county.

“SB 35 is a clear attempt by a legislature steeped in anti-environmentalism to inhibit the Department of Natural Resources in performing its constitutional duties with additional and unnecessary taxpayer expense.” said plaintiff Thomas Sager.

“The legislature can’t pass a misleading law by amending a statute that doesn’t even apply to DNR,” said Henry Robertson, Great Rivers’ attorney for the parties.

“Missourians are proud of our outstanding state parks,” said Ed Smith, Policy Director of MCE. “The legislature is trying to stir up opposition to protecting our wild landscapes. This is not what voters wanted when they renewed the state parks and soils conservation tax with nearly 80% support statewide.”

The suit asks the Cole County Circuit Court to declare SB 35 unconstitutional and void.

Great Rivers is a nonprofit public interest environmental law firm in St. Louis that provides free and reduced-fee legal services to those working to protect the environment and public health.  Its web address is: www.greatriverslaw.org.

 The Missouri Coalition for the Environment, a nonprofit, nonpartisan, 501(c)(3) state-level conservation organization, is a force for clean air, clean water and clean energy in Missouri. Since 1969 it has educated and activated Missourians to protect the land we all love. Its web address is: www.moenvironment.org.

                                               

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