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THE COURT: Thank you. Now, once again, as in the
past, and I don’t mean to be preemptory in what I am saying,
but I think we have different ideas as to what this case is
all about. We may also have different ideas as to how much
power I have to do what I would have to do in this type
case.
To state it very simply, which is often dangerous,
the case is the Government saying that the state is not
enforcing its laws. If I am wrong in that observation, I
wish someone would correct me.
MR. ANKERSEN: Your Honor, I would only suggest a
nuisance claim has nothing to do with the Government.
enforcing its laws.
THE COURT: Well, then, we may have to address that
point at some point down the line. But if that is what this
case about, the state, of course, can respond by saying
one of two things: "Yes, we are and we will prove it, or
no, we aren’t and we will, or no, we aren’t and we are not
going to because of the following reasons:"
I don’t know how many people there need be to say
that. I am sure that there are a lot of important interests
involved in this case, but I don’t have the power to change
the state law as to these items, and I think we may be
trying to complicate, for a variety of reasons that I am
sure are very important to the parties involved, we maybe
4
complicating a case that doesn’t really need to be
complicated.
If the state feels that its laws are being complied with
and that matter can be proved, the case is over with,
and if they are not then we may have a different problem on
our hands.
I make these comments simply as a predicate to what
I may rule on the motions I have heard within the next
several days.
As far as the motion for certification is
concerned, I don’t think it is necessary. I am going to
deny that motion without further consideration.
I think Colonel Herndon and I think the Corp. of
Engineers is available to the parties. And if he and they
are not, I will make them available to you, and we
won’t worry about a lot of red tape in the process.
But I want to keep this litigation as uncomplicated
as possible and move it along as Mrs. Ponzoli has indicated
it needs to be moved along.
Without ruling on the other motions and arguments
that have been presented, I just wanted to make those
comments, and I just don’t have any more time at the moment.
I do hank you for you all being present. You will hear
from me shortly. We will be in recess on this case.
5
Date:
I, Jerald M. Meyers, do hereby certify that the foregoing
transcription is a true and accurate transcription of my
stenographic notes.
Jerald M. Meyers
Official Court Reporter
CERTIFICATE OF SERVICE
I hereby certify that copies of the foregoing
Memorandum Of Law In Support Of Motion Of Defendants
South Florida Water Management District and John R.
Wodraska To Compel And In Opposition To United States’
Motion For Temporary Protective Order, Etc. were served
by United States mail, first class postage prepaid on
November_______ 1989 upon the following counsel of record:
Dexter Lehtinen
United States Attorney
Suzan Hill Ponzoli
Assistant U.S. Attorney
155 south Miami Avenue
Suite 700
Miami, FL 33130
William L. Earl
Peeples, Earl & Blank
One Biscayne Tower
Suite 3636
Two South Biscayne Blvd.
Miami, FL 33131
Daniel H. Thompson
General counsel
David Crowley
Deputy General Counsel
Robert G. Gough
Assistant General Counsel
State of Florida Department of
Environmental regulation
2500 Blair Stone Road
Tallahassee, FL 32399
Robert Dreher
Sierra club Legal Defense
Fund 1531 P street, N W
Washington, D C 20005
Deborah H. Wagner
Assistant General Counsel
Executive Office of The Governor
the Capitol
Tallahassee, FL 32399
William E. Guy, jr.
Box 3386
55East Ocean Blvd.
Stuart, FL 34996
Terry S. Nelson
55 West Flagler St.
Second Floor
Miami, FL 33130
Thomas W. Reese
123 Eighth St. North
St. Petersburg, FL 33701
Terrell K. Arline
11380 Prosperity Farms Road
Suite 204
Palm Beach Gardens, FL 33410
Fred Disheroon
Steven A. Herman
Celia Campbell-Mohn
U.S. Department of Justice
Land and Natural Resources Division
General Litigation Section
P O Box 663
Washington, D.C 20044
James T B Tripp
Environmental Defense Fund
257 Park Avenue South New York, NY 10010
martin Suuberg
Office of the Solicitor
U.S. Department of Interior
185h & C Streets, N W
Room 5450
Washington, D C 20240 |