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Everglades Classroom University of Miami •
IN 375
Fall
2003 |
Introduction to Everglades Litigation
UM Law Library - 9/24/2003
IN 375 - Economics of Development and Environment
School of International Studies
Introduction
The purpose of this discussion is to review the main legal and political issues involving everglades degradation and restoration. A brief overview of the legal system will be included along with actual documentary sources.
• AgendaWelcome -
Backgrounds - introductions
Discussion - legal, ecosystem background, recent actions
Application - review of a sample pleading
Everglades Litigation Workshop, UM Law Library
9/24/2003, Agendanote: all links open to a new window
Introduction
Workshop Slideshow html
Chronology
Central and Southern Florida Project
House Document 643
Establishment of CSFP ProjectEnvironmental Problems Arise
Ron Jones' Declaration
Scientist's testimony re nutrient cyclingFederal 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 implementationSWIM 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 (EFA)
Legal codification of settlement in SWIM challenge
Recent Developments
2003 revision of EFA
Changes made to deadlines
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
wq 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
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?
Field trip photos
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• Missing Pieces in Ecosystem Restoration: The Case of the Florida Everglades
Economic Systems Research, VoL 12, No. 3, 2000
RICHARD WEISSKOFF
(Received January 1999; revised November 1999)
ABSTRACT The largest ecosystem restoration in the world-a $7.8 billion rescue package-is now beginning in the Florida Everglades. This paper examines both the economic impact of the restoration itself and those pieces that are 'missing' from the official project analysis; namely, increased tourism, urban construction, in-migration, and changing agricultural patterns. These pieces comprise a variety of scenarios that are tested for a 45 year planning period with an augmented input-output model derived from a regional SAM. The new output and employment generated by the 'missing pieces', which are small relative to the vast economic base of the region, do represent a considerable increase over the annual growth, especially by the year 2045. We conclude with a discussion of ways in which a growing regional economy might be reconciled with ecosystem restoration.
Everglades
Collection
University of Miami School of Law Library
Archives & Special Collections
Everglades Collection Curator
1311 Miller Drive
Coral Gables, Florida 33146
(305) 284-4093
09/23/03