SWIM
Challenges
Litigation Summary
| Court |
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Florida Division of Administrative Hearings |
| Style |
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Sugar Cane Growers Cooperative Of Florida; Roth Farms, Inc.; and
Wedgworth Farms, Inc. v. South Florida Water Management District
DOAH Case No. 92-3038Florida Sugar Cane League, Inc.; United States Sugar Cane
Corporation;
and New Hope South, Inc. v. South Florida Water Management District
DOAH Case No. 92-3039
Florida Fruit and Vegetable Association; Lewis Pope Farms; W.E.
Schlechter & Sons, Inc.; and Hundley Farms, Inc. v. South Florida Water Management
District
DOAH Case No. 92-3040
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| Case No |
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DOAH Case No. 92-3038
DOAH Case No. 92-3039
DOAH Case No. 92-3040 |
| Comments |
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Administrative proceedings challenging the Everglades SWIM Plan under the Florida
Administrative Procedures Act These were petitions for administrative proceedings
challenging the Everglades SWIM Plan developed by the District. The District forwarded the
Petitions to the Division of Administrative Hearings (DOAH), which consolidated them. The
Department moved to intervene, and the motion was granted. Others granted intervention
included the United States, the Miccosukee Tribe of Indians, and certain environmental
organizations.
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| Status |
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The parties engaged in discovery regarding experts and their opinions, together with
production of documents relevant to the issues in this case. A discovery and scheduling
order was entered by the Hearing Officer which set forth general procedures and schedules
for discovery and a final hearing. In order to allow meditation efforts their most
complete opportunity to bring forth a settlement, the parties agreed to 30-day stay of
litigation in mid-April and agreed to a 30-day extension of that stay upon its
termination. In recognition of the
Statement of Principles
executed by the parties on July 13, 1993, a 90-day stay of this litigation was granted.
The stay period resulted in a change in the hearing date from its scheduled date of
November 13, 1993. A final hearing date was rescheduled for April 25, 1994. This case was
closed after the passage of the Everglades Forever Act, Fla. Stat.
ch. 373.4592, in 1994
by the Florida Legislature. The new law removed the underlying cause of action of the
administrative challenges and all related lawsuits were closed by August of 1994 with the
exception of the original lawsuit (United States v. South Florida Water Management
District, No. 88-1886-CIV-HOEVELER).
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Some text adapted with permission from D. Thompson (1993).
Credit:
Everglades photograph courtesy Philip
Greenspun |
