Introduction
PowerPoint presentation
Chronology
Litigation
timeline
Central and Southern Florida Project
House Document
643
Establishment
of CSFP Project
Environmental Problems Arise
Ron
Jones' Declaration
Scientist's testimony re
nutrient cycling
Federal lawsuit
Federal
case
USDC 88-1886
United
States complaint
The plaintiff's first pleading
U.S.
motion for summary judgment
The government's
summary of the case
SWIM
Plan
The state's environmental plan for the
everglades
Marjory
Stoneman Douglas Act
The state's legal basis
for its environmental plan
Settlement
Agreement
Settlement between federal and state
parties
Form
of the Settlement Agreement
Outline of the major provisions and issues
in the Settlement
Consent
Decree
Judge's approval of settlement agreement with
proviso that affected parties may challenge administrative remedy
implementation
SWIM Challenge
SWIM
Challenge cases
Cooperative v. SFWMD, DOAH 92-3038
Petitioner's challenge
Affected parties challenge of
administrative remedy
Statement
of Principles
Agreement between and federal and
state parties
Everglades
Forever Act
Legal codification of settlement in SWIM
challenge
1. Ecosystem
Discuss the
characteristics of the natural
un-impacted
everglades ecosystem and how it
is different from
the degraded ecosystem.
Your analysis
should answer these questions:
a) What
nutrient levels, habitat and vegetation
patterns, and water flow characterize the
natural and impacted ecosystems?
b) What does
the federal government believe
causes nutrient loading in the everglades?
c) Do you
believe other causes are possible?
d) What is the difference between a narrative
standard and a numeric one?
e) What is
the limiting factor in everglades
ecosystem?
2. Federal Case
Discuss the
government's arguments in U.S v.
SFWMD, USDC #
88-1886-CIV-Hoeveler as
outlined in its
complaint.
Your analysis should
answer these questions:
a) What is
the main issue(s) outlined in the
plaintiff's complaint?
b) Why was
the federal government the
plaintiff? Why wasn't the State of Florida,
or a concerned citizen, the moving
plaintiff?
c) Why did
the plaintiff sue state agencies?
d) Use the
U.S. complaint and the SA outline, to
illustrate your exposition.
3. Legal
Structure
Discuss the
legal framework within which the
federal and
administrative actions where
played out.
Talk about the jurisdictions, parties,
moving papers
(pleadings) and the rules for them
within the legal
system.
Your analysis
should answer these questions:
a) Who are
the parties in a lawsuit, what moving
papers are typically filed initially?
b) What is
the difference between civil and
criminal cases?
c) What are
statutes and case law? What is stare
decisis?
d) What are
orders?
e) Can you appeal to a higher court? Outline
some of the appellate levels within the legal
system.
f) Give
an example of a statute, case law, used
in a pleading.
g) Use the
U.S. complaint, Coop petition, the SA
outline, to illustrate your exposition.
4. The Other Side
Argue the other
side of the coin. Submit an
answer in response
to the U.S. complaint, or
review the issues
raised by the Cooperative in its
petition. Not
all issues are set in stone. There is
a lot that is still
in controversy. Defend the
agricultural
interests or the state agencies.
Your analysis
should answer these questions:
a) Is the
federal government without blame
on the issue?
b) Focus on
one issue
c) Discuss
what you feel may be a weakness in
the federal government's arguments on that
issue.
c) What is
your, or the defendant Ag, or agency
position? Defend it.
d) What would
be fair resolution?
5. Independent Research
Using the
Everglades Litigation web site,
www.law.miami.edu/everglades,
research some
issue that
interests you. Introduce your issue,
related to the
everglades, or some aspect of
environmental
science or policy in general.
Discuss how you
attempted to use the tools on the
site.
Analyze two
documents that your research found,
whether the
document is located on the site, is
part of an
outside link, or was found through a
chain of
links, is irrelevant.
Your research must
be specific, for e.g.,
a) How does
mercury impact the everglades
ecosystem?, or
b) Where does
the mercury found in the
everglades come from?, or
c) Who are
the experts in mercury? What do they
think?
Any one of those items is
sufficient for this
assignment.
Substitute any issue or problem as
long as it is not so
general that it would be difficult
to obtain a specific
range of documents or answers.
If you read some of the
hand outs, or visit the web
site, you should discover
something that interests
you. Convert it
into a question and that should help
you formulate a research
item.
Your
analysis should answer these questions:
a) What is your
issue?
b) How did you
formulate your query, your
research?
c) What were your
results? Did you get an
answer? What is it?
d) Was it
difficult to get the right document?
e) Did you
encounter problems?
f) Did you
find new topics or sites along the way?
g) How would you
improve the everglades web
site, or any other web site encountered in your
research? Be kind!
•
Student Papers
Ariola:
Florida's Dirty Dozen
Fernandez:
'Glades and the Legal System
Lescan:
Declaration of Ronald Jones
Mills: Miccosukees Fight for The Everglades
Noble: STA - Stormwater Treatment Areas