© 2003 Tim Chapman, Miami Herald       

Phosphorus threat at center 
of Glades debate
When pollution reaches unspoiled areas, algae that anchor the food chain die. If the level builds -- as it has in more than 61,000 acres of the north Everglades -- prairies morph into something distinctly non-Glades, cattail thickets largely devoid of any other life.

12-May-03

  Recent Developments

•  Recent home         
•  Press Releases     
•  Litigation       
•  Legislation        
•  Regulations           
•  Case Law 
•  Law Review Articles      
•  Reports         
•  Research           
•  Conferences 
•  Links 

Judge Hoeveler News Page


June 2003             April  2003

                           News Archives

News - May  2003   

Other sources

Commons-Everglades Archives List  |  Daytona Beach News-Journal Special Reports  |  Everglades Village News  |  Sun-Sentinel:  Everglades Site  |  SFWMD News Releases      

                  
Environmental News Network               


  News

31-May-03

Tribe lands stand on Glades water
By Jasmine Kripalani
© The Miami Herald
Miccosukee Indian Tribe members and environmentalists were one step closer Friday to forcing South Florida water managers to clean up polluted waters before pumping them into the Everglades. In a 19-page brief, U.S. Solicitor General Theodore Olson sided with a federal appeals court, which said the district should be required to comply with the stringent standards of the U.S. Clean Water Act. That would force the district to obtain a federal permit and to clean floodwaters before they are pumped into the Everglades. The Supreme Court, which was asked to overturn the lower-court ruling, sought the opinion of the solicitor general, who argues cases before the high court. The court can still decide to take up the appeal by the South Florida Water Management District. ''While we respect the solicitor general's decision, we're disappointed in the position taken,'' water management district spokesman Randy Smith said, reading a prepared statement. ``Our governing board feels strongly that this is an important issue. The district remains hopeful that the U.S. Supreme Court will choose to hear our case.''  Read more...

Federal officials back Miccosukees in Everglades water dispute
© Herald Tribune/ Associated Press
Miccosukee Indian Tribe members and environmentalists are getting closer to forcing South Florida water managers to clean up polluted waters before pumping them into the Everglades. In a 19-page brief released Friday, U.S. Solicitor General Theodore Olson joined a federal appeals court in saying that the South Florida Water Management District should comply with the strict standards of the U.S. Clean Waters Act. The act would force the district to obtain a federal permit and clean floodwaters before they are pumped into the Everglades. The Supreme Court, which the district has asked to overturn the appeals court ruling, had sought the opinion of the solicitor general, who would argue the case before the high court.
Read more...

Still endangered, for now
Editorial
© St. Petersburg Times
Just as the summer boating season kicks into gear, Florida's manatees have won a reprieve of sorts as state wildlife officials wisely delayed until November a decision on whether the sea cows are still an endangered species. The latest count puts the state's manatee herd at about 3,000. Since there is no magic number for when a species is truly endangered or merely threatened with extinction, the state must decide if the rebounding numbers mean manatees no longer need strict protection or whether their recovery, and continued existence, depends on keeping the safeguards in place. Boating and marine industry agents want the government to ease up on speed zone and dock-building restrictions. Environmentalists say those restrictions are why the sea cows are having a comeback. State and federal wildlife agencies are awash these days in scientific, and often contradictory, studies of the manatees' plight. One recent report by a federal researcher, however, is getting close attention. The report's computer model shows that along the Atlantic coast and in southwest Florida, the danger to manatees is so severe that there is no chance for the species to rebound from its endangered status within 100 years.  Read more...

Mercury Pollution Underscores Need For Clean Air Laws
Editorial
© Tampa Tribune
The Chassahowitzka River is one of the most beautiful wildernesses in Florida, an expanse of coastline dominated by saw grass, not condominiums. Yet a study of mercury pollution found water in the Chassahowitzka National Wildlife Refuge had peak mercury levels 23.2 times higher than the U.S. Environmental Protection Agency standard. No industry dumps wastewater into the river. Nor is there urban stormwater runoff. But the river is 15 miles south of the Crystal River power plants, which are among the top emitters of mercury in the state. Indeed, much of the mercury in Florida's waters comes from coal-burning power plants, whose emissions ultimately end up in lakes, rivers and bays. Florida was among 12 states criticized by the National Wildlife Federation, which reviewed mercury pollution statistics throughout the nation. As the Tribune's Jim Tunstall reports, mercury content at Florida's four
rain monitoring sites average 4.5 times higher than the EPA standards. Some sites, such as Chassahowitzka, were far higher. 
Read more...

River shut out of state's budget
By Libby Wells, Staff Writer
©  Palm Beach Post
All the agencies and local governments that asked the state for money to clean up the St. Lucie River received the same amount this year: $0. The St. Lucie River Issues Team, a panel of 18 federal, state and local officials, asked the legislature for $11.5 million this year to help with large and small projects, ranging from stormwater treatment to equipment needs and research projects. Each agency or government agreed to pay half. But the state couldn't spare the bucks in the $53.5 billion budget the legislature passed Tuesday. "We had it until the last minute," state Rep. Gayle Harrell, R-Stuart, told the Rivers Coalition on Friday. "We lost it in negotiations." It was the first time the Issues Team did not receive any state money since it started drawing up a "wish list" in 1998. The group has received $26.5 million from the state, which helped pay for 91 water-quality projects in Martin and St. Lucie counties. "We've had excellent success with it," said Patti Sime, director of the upper east coast division for the South Florida Water Management District. There were 38 projects on the list, all of which were ranked in order of priority for funding. Port St. Lucie, Stuart, Sewall's Point, Martin County and the Town of Ocean Breeze all had projects ranked in the top 10.  Read more...

U.S. urges judges not to hear Everglades case
© The Sun Sentinel
The federal government is advising the U.S. Supreme Court not to hear a water managers' appeal of a lower-court ruling that they need a permit to pump polluted storm water into the Everglades from western Broward County. U.S. Solicitor General Theodore Olson urged the high court in an opinion Friday not to enter into the dispute between the South Florida Water Management District, the Miccosukee Tribe and environmentalists. The U.S. 11th Circuit Court of Appeal in Miami has ruled that the district needs to obtain a federal Clean Water Act permit to run the pollution-gushing pumps near Griffin Road and U.S. 27.

Coalition urges early lobby campaign
Restoration plans are in jeopardy, river activists say
By Suzanne Wentley, Staff Writer
© Stuart News
TREASURE COAST -- As water managers vowed to put the local Everglades restoration project before Congress in time for a funding decision this fall, Treasure Coast environmental advocates made plans Friday to increase pressure on decision makers. The 31 member organizations of the Rivers Coalition agreed to begin a letter-writing campaign to state and federal elected officials, as well as top water managers, in support of nearly $1 billion worth of reservoirs, stormwater treatment facilities and land preservation planned for Martin and St. Lucie counties. Known as the Indian River Lagoon Feasibility Study, the water-quality effort is the first project of the $8 billion statewide Everglades effort. Increased scrutiny has put the plan in jeopardy of missing important funding deadlines. "We're out of time, folks," coalition chairman Leon Abood said. "Our IRL plan is really in trouble. We need to put as much pressure on our elected officials as possible." Two sets of letters will be sent out early next week, with one asking elected officials to support the plan in its entirety. Water managers had once considered splitting the plan into less expensive pieces to please top officials of the Army Corps of Engineers.  Read more...

 

30-May-03

Federal Judge Upholds Florida's Water Protection Plan
Court rejects complaint against state's impaired waters rule.
Department of Environmental Protection
Press Release

TALLAHASSEE - The United States District Court today issued a judgment rejecting a complaint by a handful of litigants that Florida's procedure for identifying polluted lakes and rivers constitutes a change in water quality standards. The decision comes just one week after the Florida First District Court of Appeal upheld the Department of Environmental Protection's (DEP) Impaired Waters Rule, which is the basis of Florida's plan to clean up state waters. "Florida's approach is based on sound science and common sense. The Courts
have again determined that the State is on track with a comprehensive plan to clean up pollution in the water," said DEP Secretary David B. Struhs. "We can now focus on the real work at hand: ensuring that our waters are clean - and stay that way." 
Read more...  
Judge Hoeveler News Page

US SOLICITOR'S OFFICE SAYS SFWMD SUPREME COURT PETITION SHOULD BE DENIED
Recommends Supreme Court Deny District's Challenge in the S-9 Case
Friends of the Everglades
Press Release
The Solicitor General of the United States, today recommended that the U.S. Supreme Court NOT hear a challenge by the South Florida Water Management District (District) to the Clean Water Act case that it lost to Friends of the Everglades and the Miccosukee Tribe of Indians. Friends and the Tribe won at both the US District and Appeals court levels. The case involves the pumping of polluted water into the Everglades by the South Florida Water Management District. The S-9 is a pump station which back pumps polluted water from the C-11 canal basin in Broward County into the Everglades. The discharge has caused severe damage in the Everglades especially in Water Conservation Area 3A - home to the Miccosukee Tribe of
Indians. The Federal District Court held that a federal pollution discharge permit is required. Such a permit would set strict limits on how much pollution the District can discharge.  
Read more...

SOLICITOR'S OFFICE SAYS SUPREME COURT PETITION 
SHOULD BE DENIED
Recommends Supreme Court Should Deny District's Challenge in Miccosukee Case
Miccosukee Tribe of Indians
Press Release
Today, the Miccosukee Tribe of Indians, whose members live in the Florida Everglades, hailed an Opinion of the Solicitor General of the United States, which recommends that the U.S. Supreme Court NOT hear a challenge by the South Florida Water Management District (District) to the Clean Water Act case that the Tribe won at both the district and appeals court levels. According to Dexter Lehtinen, the Tribe's General Counsel on these matters, "We are happy that the federal government agrees with the four 11th Circuit Court of Appeals Judges, but we know that the District is still going to try to get the Supreme Court to get them off the hook.  The Solicitor's  Opinion is definitely a step in the right direction in ensuring that the Clean Water Act is applied to the Everglades, but it's not over yet. The Tribe continues to question how the District can tell the public they are restoring the Everglades, while they tell the U.S. Supreme Court that they don't want the Clean Water Act applied to their S-9 pump that releases polluted water into the Everglades.  It appears that the Solicitor General agrees with us."  Read more...

Florida sugar crop second-largest ever
Staff Reports
©  Palm Beach Post
Florida's sugar industry produced its second-largest crop ever during the recently completed season, new figures show. The 2.123 million tons of raw sugar produced in the 2002-2003 season is just 4,000 tons shy of the record crop in 1998-99, according to data obtained Thursday from the Florida Sugar Cane League Inc. The Sugar Cane Growers Cooperative of Florida in Belle Glade, U.S. Sugar Corp. in Clewiston and West Palm Beach-based Florida Crystals Corp. harvested sugar cane on 442,000 acres in Palm Beach, Martin, Hendry and Glades counties. Each acre produced an average of 4.8 tons of sugar. The industry also produced 108.1 million gallons of molasses. Florida produces more than half of the nation's sugar that comes from cane. Along with molasses and other byproducts, Florida's sugar is valued at more than $800 million, according to the U.S. Department of Agriculture.

FGCU: Merwin calls revamped Ginn Co. plan a 'vast improvement'
By Marci Elliot
© Naples News
It's a kinder and gentler plan, more sensitive to environmental issues. And the latest changes in the development proposed by the Ginn Co. of Central Florida near Florida Gulf Coast University are a "vast improvement" over the original plan, FGCU President William Merwin
said Thursday after the university's Board of Trustees' quarterly meeting. "It's a lot more flexible, and there will be enough (land) included for business and engineering schools," Merwin said. Bobby Ginn, president and CEO of the Ginn Co. in Celebration near Orlando, told the trustees about revisions to the plan for a proposed development east of FGCU's campus. Ginn's original plan, announced last year, sparked outcries from area environmentalists and public officials because of the sensitivity of the property's location. It's in the Density Reduction Groundwater Recharge area, which limits development to one unit per 10 acres. The designation was built into Lee County's comprehensive plan in the 1980s to protect the sensitive filtering of rainwater into Southwest Florida's aquifers — water reserves — deep in the ground. The original plan proposed construction of 1,400 homes, 72 holes of golf, and hotel, office and commercial areas on more than 5,000 acres of DRGR land. 
Read more...

Poor, poor Florida
It's the people who fall victim to 2003 Legislature's 'perfect storm'
Editorial
© Stuart News
The 2003 Florida Legislature, after both regular and special sessions, may go down in state history as one of the worst ever convened. The salient fact emerging is that while legislators struggled to polish their egos and curry favor with special interests, the people were not well-served. Sadly, the agony isn't over yet. Gov. Jeb Bush will call the legislators into a second special session June 16 to address problems arising from medical malpractice insurance rates that are driving doctors out of the state. In light of the lawmakers' surrender to the lobbyists for the sugar and insurance industries during the past couple of weeks, it is unlikely that any solution helpful to doctors or patients will emerge from that session.
Read more...

 

29-May-03

Florida set to work "extra hard" for funds to cleanup Glades
By Frank Davies
© The Miami Herald
WASHINGTON - Protecting federal funding for Everglades restoration became more difficult Wednesday as Congress absorbed the impact of state legislation that pushes back water quality goals as much as 10 years. ''This was a tough budget year to begin with, with a lot of districts and states competing for funds,'' said Rep. Clay Shaw's chief of staff, Eric
Eikenberg. ``Now we're going to have to work extra hard to secure our share.'' The state Legislature on Tuesday night passed a ''glitch'' bill designed to fix elements in an earlier Everglades water quality bill backed by Gov. Jeb Bush and the sugar industry. That measure came under fire in Congress for loosening standards on phosphorus, a key pollutant. VAGUE LANGUAGE The ''glitch'' bill eliminates some of the vague language that critics said invited the sugar industry and others to postpone cleanup goals. But members and staffers of the powerful House Appropriations Committee said other problems remain. A spokesman for the committee, John Scofield, warned that because Florida is delaying some water quality deadlines from 2006 to 2016, Congress may be skeptical of how the state-federal partnership will last. Both partners are due to contribute $4 billion for the massive restoration project. ''The glitch bill doesn't go far enough -- it's not a positive development,'' Scofield said. ``I can't prejudge members, but this could have a real impact on funding.'' With Congress in recess, two key Florida Republicans, Shaw of Fort Lauderdale and Porter Goss of Sanibel, were not available for comment. Their staffs began to shift from criticizing the state legislation to living with it and planning for new budget battles. 
Read more...

State official defends Everglades bill
By Jim Ash, Capital Bureau
©  Palm Beach Post
TALLAHASSEE -- Gov. Jeb Bush's environmental chief took a swipe at the media Wednesday, the morning after the legislature completed a late-night and controversial rewrite of the 1994 Everglades Forever Act. Department of Environmental Protection Secretary David Struhs complained that news coverage has failed to emphasize the good points of the legislation, which was heavily pushed by Bush and the sugar industry. Addressing a morning meeting of the Environmental Regulation Commission, Struhs asked commissioners whether they had read the morning papers describing the bill's guarantee of $1.7 billion for Everglades cleanup. "I say that somewhat facetiously because that wasn't in any headlines," Struhs said. "I think that anybody who suggests that the state's commitment to Everglades restoration is questionable has to go back and do the math." Struhs said the legislation will not result in a 10-year delay in reaching the final stages of phosphorus cleanup as critics have charged. "If you look at it side by side (with the 1994 law) you will see the date has not changed," Struhs said. Environmentalists and powerful members of the Florida congressional delegation say that while the legislation does not specifically mention a delay, it accomplishes the same thing by making an obscure reference to a restoration plan written by the South Florida Water Management District.  Read more

Everglades bill raises taxes, critics argue
By Neil Santaniello, Staff Writer
© The Sun Sentinel
Gov. Jeb Bush and state officials have portrayed Florida's newly modified Everglades cleanup law as delivering a half-billion dollars in new money to help the ecosystem "without raising taxes." Critics of the hotly contested law beg to differ. The revised law passed by the Republican-led Legislature will extend for at least 13 years a cleanup tax paid by home and business owners from Orlando to Key West. And, environmentalists say, stretching that payment out to 2016 not only makes it a new tax for home and business owners, but defies a provision of the state constitution, which mandates that farmers and other polluters in
the Everglades Agricultural Area bear the brunt cleanup costs. That tax, $20 a year for the owner of a home with a $200,000 taxable value, was tied to cleanup construction work that was scheduled to wind up this year. South Florida water managers had talked about levying it one more year, in 2004, to pay higher-than-expected cleanup expenses. But the cleanup law, tweaked for the last time by state legislators Tuesday, would sock property owners for nearly $470 million to more than $500 million in additional cleanup cash by 2016, when a new cleanup plan it finances is completed. 
Read more

 

28-May-03

Glades law amended
By Mark Hollis, Tallahassee Bureau
© The Sun Sentinel
TALLAHASSEE · State legislators tweaked a new Everglades cleanup law Tuesday night but did little to placate critics who say billions of federal dollars remains in peril. In the final hours of their 16-day special session, the Legislature overwhelmingly approved a "glitch bill" sought by Gov. Jeb Bush, who called for the changes in hopes of appeasing environmentalists, congressional critics and a federal judge. The House voted 96-18 in favor of the bill. The Senate's approval came on a 34-4 vote. Democrats led the opposition in both chambers. Critics of the new Everglades law responded with more warnings of impending budget fights in Washington and legal challenges in Florida. Bush, though, painted a rosier picture. The governor rejects suggestions that he and the Republican-run Legislature have jeopardized federal funding for the Everglades. The overall cleanup and restoration project is expected to cost $8 billion, with the state providing half the money. David Struhs, the governor's secretary of the Department of Environmental Protection, hammered away at that point Tuesday, issuing written statements that hailed this year's package of Everglades legislation as a sure sign that Florida is committed to the decades-long project. He also wrote that the state's new budget sets aside $225 million in the upcoming fiscal year for Everglades restoration. It amounts to "twice the funding originally anticipated," he said. Read more

Legislature backs governor's Everglades law
© The Miami Herald
Hoping to appease environmentalists and congressional critics, the Republican-led Legislature on Tuesday easily endorsed Gov. Jeb Bush's tweaking of a controversial Everglades law. The changes remove some language that critics said was troublesome, but the move did little to quiet critics, who suggest the fix falls short and the state may still be risking billions of federal dollars by allowing polluters to push back water-quality deadlines by a decade. Bush proposed the revisions after he signed the measure into law last week, in hopes of quelling fears expressed by environmentalists and leading GOP members of Congress that the law could lead some in Congress to conclude that Florida has abandoned its commitment to a costly Everglades cleanup.  Read more

 

27-May-03

Record New Funding to Save the Everglades
Florida Keeps Money Flowing Into the River of Grass and Other Environmental Priorities

Department of Environmental Protection
Press Release

Tallahassee: Today, the Legislature is expected to redouble Florida's commitment to Ev erglades restoration by appropriating a record $225 million to restore the River of Grass, more than twice the funding originally anticipated this year. In addition, the Legislature is also
expected to approve $800 million in bonding authority over the next eight years to fund Florida's ongoing commitment. Governor Jeb Bush is the architect of the funding plan for the state-federal partnership that is accomplishing Everglades restoration. Since 2000, the
State of Florida and South Florida Water Management District have invested nearly $500 million in the project. Including cash and bonds provided this year, Florida's total financial commitment to restore water flow through the famed River of Grass now tops one-and-a-half billion dollars. 
Read more...

 

24-May-03

Chairman out of order
Editorial
©  Palm Beach Post
No "abusive" criticism. No "negative" debate. The chairman decides whether you're guilty. You get one warning. Say anything more, and you're out the door. No need for Robert's Rules of Order. The South Florida Water Management District board has Michael's Rules of Order.  The thin-skinned Chairman Michael Collins has decided that the board should limit the free speech of any potential critics. Typically, Mr. Collins refused to elaborate on what kind of behavior could lead to expulsion.  Read more...

Delaying Everglades cleanup doesn't make sense
Editorial
© Tampa Tribune
During the Florida Legislature's regular session, when members of Congress and environmentalists complained a bill would undermine the federal and state effort to restore the Everglades, Gov. Jeb Bush assured them his bill would not retreat from the cleanup standards established in the plan. He said that critics didn't understand the legislation, which was vigorously promoted by the sugar industry. Partly because of the governor's support, lawmakers passed the measure, despite warnings from members of Congress that it could jeopardize Washington's support for the $8 billion cleanup project. The governor and
lawmakers also ignored the concerns of U.S. District Judge William Hoeveler, who originally ordered the state to clean up the Everglades. Hoeveler found the legislation language intentionally ``puzzling.'' Now Bush is finally admitting there might be a problem. Unfortunately, he still refuses to do the right thing. After visiting with members of Congress who expressed their alarm, he still signed the bill. He wants the Legislature to amend the legislation to clean up the bill's language. 
Read more...

Why environmentalists oppose Lawson's Everglades bill
By Eric Draper, MY VIEW
© Tallahassee Democrat
Tallahassee Sen. Al Lawson, writing for the Democrat on May 17, criticized environmentalists in general and Audubon of Florida in particular for our role in opposing the recently passed Everglades bill. SB 626, now signed into law by the governor, extends the deadline for meeting water pollution standards in the Everglades and directs additional
property taxes in South Florida to pay for the cleanup. Audubon is proud to have led the opposition to this harmful legislation. However, we regret the frustration that Sen. Lawson experienced in dealing with us on his bill. Lawson has a long-standing record in the Legislature as a friend of the environment. Indeed, it was his record that made it so disappointing when he sponsored the bill to postpone Everglades cleanup. We recognize that our seeming unwillingness to compromise on the bill is irritating to him. Sadly, a bill drafted at the behest and for the benefit of the sugar industry is the source of his complaint. By agreeing to sponsor the bill, he put himself in the middle of a controversial issue.
Read more...

Graham chides Bush over letter sent to stop Glades bill
© The Miami Herald
TALLAHASSEE -- U.S. Sen. Bob Graham said Friday that Gov. Jeb Bush misled the public about the senator's attempt to persuade him to veto controversial Everglades legislation. Graham said he sent a letter to Bush on Monday afternoon demanding that he veto the legislation -- but Bush told reporters this week that he did not receive the letter until a half-hour after he signed it Tuesday. Graham said that he called Bush on Tuesday after learning that the legislation had been signed and that the governor did not call him back -- but Bush told reporters that Graham did not call him. The disagreement might sound minor, but a clarification is important for Graham as he builds a campaign for president in part on his record as an environmentalist.  Read more

 

23-May-03

1992 deal on Glades cleanup stands, judge says
By Curtis Morgan
© The Miami Herald
William Hoeveler doesn't know exactly what the Florida Legislature will do to fix a controversial Everglades cleanup bill, but the federal judge said Thursday he does know this: In his Miami court, which set the original schedule for cleaning pollution from the Everglades in a 1992 settlement, the law is already set in stone. ''I'll tell you one thing I'm sure of, we're going according to the old law, the Everglades Forever Act, and we're going to make sure of that,'' the senior U.S. District judge said Thursday. Hoeveler said he is waiting to review changes that emerge after Gov. Jeb Bush signed the measure this week and then asked lawmakers to pass a ''glitch bill'' intended to remove some of the looser language, including references to the removal of a key pollutant ``to the maximum extent practicable.'' Critics, from environmentalists to Florida congressional members, still fear the bill would allow the state to skirt a tough standard for phosphorus and push back a cleanup deadline by at least a decade to 2016. Bush, lawmakers and his top environmental advisors insist the law will strengthen cleanup with an additional $450 million investment under a timeline that reflects technological reality. They also say it won't violate the earlier agreement Florida made in the 1992 settlement of a federal lawsuit that forced the state to reduce farm and urban pollution tainting the Everglades. The matter also has become a potent issue on the presidential campaign trail, with Democratic hopefuls attempting to link the president to the measure by virtue of his relationship with his brother.  Read more...  
Judge Hoeveler News Page

EVERGLADES CLEANUP
Editorial
© The Miami Herald
If Gov. Bush wanted to fix the flawed Everglades bill, he would have sent it back to the Legislature for repairs before he signed it. This would have signaled his commitment to making a bad bill better. The new law risks weakening the state's hard-won agreement with the federal government to replumb the Everglades. The bill puts at risk the $4 billion matching funds for the project. By asking the Legislature to make fixes to this damaging legislation now that it's law, Mr. Bush seems to opt for symbolism over substance. The governor signed the bill despite criticism from Republican congressmen, environmentalists and a federal judge. The sugar industry hired dozens of lobbyists push the bill through the Legislature. The bill extends the deadline for cleaning up agricultural runoff. It keeps the scientifically recommended phosphorus-pollution standard of 10 parts per billion mandated in the 1994 Everglades Forever Act. But it doesn't clearly mandate enforcement of that standard.  Read more...

Uphold manatee status
Editorial
©  Palm Beach Post
The state and federal governments, which are supposed to be cooperating to protect Florida's endangered manatees, are reacting to pressure from boating and fishing groups to remove rules that protect the manatees. On Wednesday, a state agency will consider changing the manatee's status from "endangered" to "threatened," despite increasing numbers of boat-
related deaths and increasing numbers of boaters on state waterways. The federal government wants to remove a protective designation on the Caloosahatchee River, where more manatees die in boat accidents than anywhere else in Florida. The state's Fish and Wildlife Conservation Commission, which had planned to gather scientific information and decide in November whether to change the status, moved up the timetable at the urging of a governor-appointed board staffed with Realtors, developers and representatives of boating,
fishing and marine industry groups. Yet statistics recently released by the commission's Florida Marine Research Institute show manatee deaths from boat accidents at a record high of 95, 31 percent of all manatee deaths in 2002.
  Read more...

Everglades betrayal
Gov. Bush and his top environmental regulator bear responsibility for cynical legislation that threatens the federal-state agreement to save the Everglades.
Editorial
© St. Petersburg Times
We understand why Gov. Jeb Bush retreated behind closed doors to sign legislation that threatens the historic federal-state agreement to clean up the Everglades. Nobody in his right mind wants to be seen in public anywhere near this irresponsible piece of work. The attempts by Bush and state Department of Environmental Protection Secretary David Struhs to justify this betrayal of the Everglades Forever Act have been incoherent and disingenuous from the start. First, Struhs and other advocates claimed the proposed changes to the meticulously
crafted Everglades compromise had the blessings of federal officials. Struhs said the U.S. Environmental Protection Agency's regional director was "enthusiastic" about the changes. Those assurances turned out to be untrue. Justice Department lawyers and prominent Republicans in Florida's congressional delegation were blindsided and alarmed by the Florida
legislation and immediately began pleading with Bush to block it. 
Read more...

The Green Old Party?
By William K. Reilly
© New York Times
SAN FRANCISCO- Lee Atwater, who was the Karl Rove of George H. W. Bush's 1988 presidential campaign, once explained to me why he supported one of my controversial decisions as administrator of the Environmental Protection Agency: "To me," he said, "your appointment is about suburban women. We need 'em. And they care a lot about your issue." As Christie Whitman, the most prominent suburban woman in the Bush administration, steps down at E.P.A., the coverage primarily concerns the issues on which she was overruled. This ignores some of her significant achievements — the "brownfields" legislation that will return thousands of derelict urban sites to productive use, and the decision to reduce the pollutants from diesel fuels. Yet again a Republican administration is widely seen as unfriendly to the environment, and its E.P.A. administrator as a casualty of neglect. There are political strategists within the party who say it doesn't matter, that environmentalists won't credit a Republican administration no matter how green, and certainly won't vote for one. That may well be true. Nevertheless, there are many good reasons for the Bush team to give the environment a higher priority. For three decades polls have consistently revealed lopsided majorities —80 percent-plus — in favor of maintaining or strengthening clean air and water laws. Whether people vote the environment or not, and I admit most don't, they still want it protected and improved. The problem, of course, is that vigorous environmental protection involves regulation, which is suspect if not anathema to many conservatives. And E.P.A. decisions necessarily hit elements of the Republican base hardest: manufacturers and other businesses, farmers, land developers. In fact, the first thing an E.P.A. administrator learns is not to antagonize more than one major industry at a time: if big oil is to be hit this week, big autos had better be deferred until next week.  Read more...

Bob sprinkles sugar on the Glades wounds
By Mike Thomas
© Orlando Sentinel
Annika Sorenstam. Annika Sorenstam. Now that I've got your attention. How sweet it is. I wish my columns were as funny as Bob Graham's campaign releases. He has one on his Web site blasting Jeb Bush for signing a law that gives sugar growers more leeway in polluting the Everglades. Bob says: "... a grave injustice was done to the people of Florida and to America when Governor Jeb Bush signed legislation delaying the cleanup of our cherished Everglades, while his brother, the President, stood silent." Bob stood silent for more than 20 years as sugar growers polluted the Everglades. He also stood silent when the bill that Jeb signed first surfaced in the Legislature. It was Republican Rep. Clay Shaw who protested it and tried to talk Jeb into vetoing it. Only after Jeb signed off on the law did Bob feign outrage. By then it was a done deal and the sugar growers had their permission to pollute. The growers know Bob wouldn't really try to hurt them. They've been giving him money for years. Last summer, Crystals Corp. gave Bob $50,000.  Read more...

Related link:

Graham Blasts Bush Brothers on Everglades
Statement from Senator Bob Graham
"Yesterday, a grave injustice was done to the people of Florida and  to America when Governor Jeb Bush signed legislation delaying the cleanup of our cherished Everglades, while his brother, the President, stood silent.
Read more about this important issue.
http://www.grahamforpresident.com/news/0305/030521-1.html

 

22-May-03

Changes will protect the Everglades
Commentary by Jorge Dominicis
©  Palm Beach Post
The legislature is "surrendering to the big sugar corporations that pollute the Everglades." That was the comment from 14 environmental groups. They called on legislatures to vote against the bill, and after it passed, they called on the governor to veto it. You probably guessed that these quotes refer to the Everglades bill just passed by the Florida Legislature and signed by Gov. Bush. Actually, this quote is from 1994, when the Legislature passed the current Everglades cleanup law, called the Everglades Forever Act. Today, we have adifferent governor and a different Legislature, but the rhetoric of the anti-farming extremists remains the same. The groups that decried this law nine years ago as a sweetheart deal for sugar farmers now use the same rhetoric to say that the law is working so well that it cannot be altered to accommodate for what has been learned during the first decade of restoration. They were wrong in 1994, and they are wrong today. Here are the facts: - The first phase of the Everglades Forever Act anticipated a second phase that would improve upon the Everglades cleanup project. - Because of the success of the Everglades Forever Act, approximately 90 percent of the Everglades already meets the tough numerical criterion that is part of the water-quality standard for phosphorus. In fact, all of Everglades National Park meets this criterion and must continue to under the 2003 Phase 2 legislation.  - Under both the 1994 and 2003 legislation, the remaining 10 percent of the Everglades must show continual improvement until restored. Clean water flowing from the filter marshes that were built as part of the 1994 law will achieve water quality in 90 percent of the Everglades, but the nutrient-rich soil in the remaining area will release phosphorus into the clean water and may cause measurements to be higher until nature heals.

Tallahassee Upside Down
Editorial
©  The Ledger
In the wacky, dysfunctional world of Tallahassee, is it any surprise that a good bill fails and a faulty one -- even declared so by the governor -- gains his signature? Gov. Jeb Bush signed a bill Tuesday that delays cleanup of the Everglades by 10 years -- even though he was warned by a federal judge overseeing the restoration project not to tamper with the federal-state agreement. He was also told by the Florida congressional delegation that changing the law could cause the state to lose billions of federal dollars earmarked for restoration. The federal government has agreed to come up with about half of the money needed for the project, estimated to cost about $8 billion. Not to worry, said Bush, in effect, at the bill signing. The Florida Legislature is here to help. Bush has asked for another bill amending the one he signed to improve on the first bill's objectionable language. A Senate committee has already approved them.  Read more...

Bush Had Better Keep Promise
Editorial
© The Sun Sentinel
Gov. Jeb Bush signed a flawed Everglades cleanup bill into law, but promised the measure's many detractors that he would fix it. It's a pledge he'd better keep. Bush has asked state lawmakers to send him a second bill. Unfortunately, his own idea of a fix doesn't go far enough to address the lack of hard and fast-discharge limits and deadlines in the newly revised law. He'll need a more comprehensive cleanup bill than the one now making the rounds at the state Capitol. There's a lot at stake. U.S. District Judge William Hoeveler isn't a fan of the new law, and he's the federal judge who carries legal clout in determining how well the state of Florida is complying with a 1994 consent decree to rid the River of Grass of phosphorous.  Read more...

Christie Out, Pataki Not Interested
By David Seifman & Brian Blomquist
© New York Post


Courtsey New York Post © 2003


Gov. Pataki said yesterday he's not interested in replacing Christie Whitman, the former New Jersey governor who's quitting her job as President Bush's environmental chief. "No, no," Pataki told reporters in Manhattan. "I am interested in being governor of the state of New York, and I worked very hard last fall to have the privilege to be the governor for the next four years." Asked if he was taking his name out of the running, Pataki said, "My name, to the best of my knowledge, has never been in the running - and if it was, take it out." Whitman, a moderate Republican who sometimes battled the White House on environmental policy, announced yesterday she's resigning as administrator of the Environmental Protection Agency.  Read more...

Graham gives the Bushes a scolding; Senator shores up image on Everglades
By Peter Wallsten
© The Miami Herald
U.S. Sen. Bob Graham, moving Wednesday to repair his environmental image while adding some sting to his presidential message, accused the Bush brothers of ''malfeasance'' for backing controversial Everglades legislation and predicted that Florida would punish the president for it next year. The scolding from the typically measured senator came days after leading environmentalists accused Graham of failing to forcefully oppose the sugar industry-backed bill even while some of his primary opponents and leading Republicans in Congress demanded a veto. Campaign strategists hope that Graham's statement Wednesday will quiet critics who question his commitment to Everglades restoration while also demonstrating that he is capable of unleashing a strong attack that could distinguish him from his eight rivals for the presidential nomination.  Read more...

 

21-May-03

Marketing the Everglades bill
By Sally Swartz, Editorial Writer
©  Palm Beach Post
So Gov. Bush has signed the bad Everglades bill and will ask legislators to fix it -- in ways yet unclear -- with a new bill before the special session ends Tuesday. Trusting the governor to make the Legislature do anything, however, is risky business. Two years ago, The St. Petersburg Times reports, Gov. Bush let an adoption bill become law under similar circumstances. But legislators never followed through with the second bill, and the governor promised "not to do that ever again." The Everglades bill, which pushes back the cleanup deadline, has been criticized by environmental groups, by the federal judge supervising the cleanup and by the Republican congressmen trying to maintain federal support for the Comprehensive Everglades Restoration Plan. That $8.4 billion, 50-50 state-federal project is supposed to give the Everglades more water and depends on the water being clean. Sugar industry lobbyists wrote the original bad bill and marketed it successfully -- to the governor, state water and environmental officials and lawmakers -- as something it isn't. Now, the governor claims that this same screwed-up system will produce a good bill to fix the one he signed.  Read more...

Related Material:

Relevant text from the Table on page ES-9
Final Report:  Everglades Protection Area Tributary Basins
Conceptual Plan for Achieving Long-Term Water Quality Goals

Table ES.2- Pre-2006 Strategies

Basin

Strategies and Activities

Scheduled Construction

Full Complete Operation

Acme B

The CERP process will make the final determination of the appropriate strategy and be responsible for implementation. The most promising alternative appears to be diversion to STA-1E for treatment.

10/01/2006 - 12/31/2006

 

Florida Governor Signs Controversial Everglades Bill
Environmental News Service (ENS)
TALLAHASSEE - Florida Governor Jeb Bush signed into law Tuesday a state bill that many believe will slow the clean up of the Everglades. Critics say the bill undermines water quality standards and threatens federal funding critical to the $8 billion state/federal partnership devised in 2000 to clean up some 2.4 million acres of the massive ecosystem. The bill relaxes standards designed to reduce phosphorus runoff that is polluting the Everglades. It had the strong support of the sugar industry, which is the leading source of phosphorus runoff. Critics, including some Republican Congressmen, say this weakens the federal state pact and could jeopardize funding for what many consider to be the most comprehensive and ambitious ecosystem restoration project ever undertaken in the United States. But Bush, a Republican, says he is convinced the bill "reinforces" the state's commitment to restore water quality in the Everglades. The Florida governor says 95 percent of the entire Everglades will meet the goal of phosphorus levels below 10 parts per billion (ppb) by December 31, 2006. "The remaining five percent will sporadically have phosphorus levels higher than the goal, until the phosphorus build up in the sediment can be cleansed through "green" technology," Bush said in a prepared statement.  

Criticized Glades bill signed by Bush
By Lesley Clark and Curtis Morgan
© The Miami Herald
Gov. Jeb Bush quietly signed into law Tuesday a controversial bill that critics fear could imperil a massive Everglades restoration project. The signing had none of the pomp of landmark legislation: Bush signed it behind closed doors -- as environmentalists outside his office unfurled a banner of 17,000 signatures demanding a veto. But in an unusually long and detailed letter that accompanied his signature, Bush defended the new law as ''the next logical step'' in restoring the polluted marsh. ''I am unabashedly supporting this,'' Bush told reporters minutes before signing the bill. ``I'm not ashamed of it. I think once the concept has been given a fair hearing, I think people will say we're on the right track.'' Still, in a nod to critics, Bush asked legislators, meeting in a special session scheduled to end early next week, to change some of the newly signed law's most troublesome language. The law sets a cap for a key pollutant, phosphorus, at a super-low 10 parts per billion, but contains the words ''to the maximum extent practicable'' so many times that critics say polluters could easily slide out of the restrictions. Bush's tweaking -- done at the request of his critics in Congress -- removes those words from the law. But the proposed changes did little to placate Bush's numerous critics who said the governor didn't go far enough.  Read more...

Governor tries to prevent a potential publicity nightmare
By Peter Wallsten
© The Miami Herald
Deriding the ''political science'' of Everglades restoration, Gov. Jeb Bush engaged Tuesday in rhetorical contortions to justify his support for legislation despised by environmentalists. By signing the bill into a law that critics fear will delay Glades cleanup, Bush stuck to his conviction that the measure was sound policy built on smart science. By demanding that the Legislature come back to tweak it, he could tell environmentalists that he felt their pain. To underscore his sincerity, the governor issued an excruciatingly detailed letter defending his decision -- then shed his suit jacket to sit through a dull, hour long session with technical experts to discuss niggling details of Everglades restoration. ''At the end of the day, the political science of this is starting to go away,'' he told the panel, ``but the real science is what matters.'' For Bush, a one-time real estate developer who has worked meticulously to carve out an image as an environmentally friendly governor, Tuesday's events comprised a campaign of sorts to stem a potential public relations nightmare for his Republican Party. While Bush has spent weeks insisting that he and the sugar industry were not trying to ruin the Everglades, critical letters from Democratic presidential candidates John Kerry and Howard Dean on top of sharp responses from leading Republicans in Congress are seriously testing his bragging rights to a legacy of environmental protection.  Read more...

Full text of Gov. Jeb Bush's letter
© The Miami Herald
I hereby transmit to you, with my signature, Committee Substitute for Senate Bill 626, an Act relating to the Florida Everglades Forever Act, passed by the Florida Legislature on April 30, 2003. I have signed this bill because it is the next logical step to ensure that concerted action continues to be taken to protect and restore the Florida Everglades ecological system. This bill is one of many steps that must be taken on our journey to complete Everglades Restoration as quickly as possible. Bold steps have already been taken with the cooperation of our federal partners and Florida stakeholders, most notably the Comprehensive Everglades Restoration Plan (CERP), passed in 2000. Many steps will have to be taken in the future to ensure that this massive restoration project remains true to its goals. CS/SB 626 will make those future steps easier to take, because it provides a more clearly defined framework within which the good work of Everglades Restoration will be accomplished.  Read more...

JUDGE HOEVELER’S ORDER SETTING HEARING DOES NOT FIND THAT AMENDMENTS TO THE EVERGLADES FOREVER ACT ARE IN CONFLICT WITH CONSENT DECREE
Press Release
U.S. Sugar Corporation
Judge Hoeveler’s “ORDER SETTING HEARING” is based upon what the judge has read in the Miami Herald and not on his review of the legislation. The Judge makes clear that the Settlement Agreement and his Consent Decree do not control the State owned parts of the Everglades (Water Conservation Areas 1, 2 and 3) but do control what the parties do in the Everglades National Park. This litigation was filed by the Federal Government to protect the Government’s interests as a  landowner of the National Park and as a manager of the state owned Loxahatchee Wildlife Refuge. It was filed under state law and all prior orders of Judge Hoeveler have recognized that the interests of the Federal Government will be determined under state law. The Settlement Agreement established interim and long-term limits for both the National Park and Refuge. These limits have already been achieved even though only one half of the treatment works provided by the Stormwater Treatment Areas have been completed. The proposed phosphorus criterion for the Everglades of 10 parts per billion has been achieved in the Everglades National Park. Implementing the Long-Term Plan of the South Florida Water  Management District as provided in SB 626 would ensure that this compliance will continue into the future. The Long-Term Plan makes further improvements to the Stormwater Treatment Areas to ensure that State Water Quality Standards regarding phosphorus in all parts of the Everglades will be achieved and maintained. Even though Judge Hoeveler’s order says: “I do not propose to deviate from the settlement that now exists..”, the Settlement Agreement and Consent Decree expressly provided that the Settlement Agreement was not self-executing but had to be implemented under State Law. State Agencies were expressly directed to “use the full scope of their authority” to achieve compliance with State Water Quality Standards. As stated by the Court in the Consent Decree and restated by the 11th Circuit on appeal: “Nothing in this Agreement is intended to abrogate the District’s and the DEP’s duties to act in accordance with Florida Law”.. As Judge Hoeveler recognized in his Consent Decree: “...the Agreement imposes a process, rather than a result.”  Read more  
Judge Hoeveler News Page

 

20-May-2003

Glades bill needs fixing, Bush says
By Lesley Clark and Peter Wallsten
© The Miami Herald
After weeks of intense pressure from environmentalists and even some Republicans in Congress, Gov. Jeb Bush acknowledged Monday that a controversial Everglades bill backed by Big Sugar and written in part by his office needs a fix. In an unusual bit of political gymnastics, Bush said he will sign the measure -- but then directed lawmakers to draft a new bill to ''clarify'' some of the wording that was most alarming to his critics. Environmentalists and leading members of Congress, even from Bush's own Republican Party, had warned that the legislation could slow Everglades restoration efforts and threaten an $8 billion state-federal cleanup plan. In a written statement issued Monday night, Bush insisted that the bill is ''strong legislation built upon good policy,'' but he indicated for the first time that fears expressed by the likes of House Appropriations Chairman Bill Young of St. Petersburg and Rep. Clay Shaw of Fort Lauderdale could be legitimate. It was an unusual admission for a governor who rarely admits to a misstep. But with his brother, the president, hoping to tout support for Everglades cleanup in his reelection campaign next year, the move underscores the influence of environmental issues in Florida politics.  Read more...

 

15-May-2003

Governor vows to study Everglades bill objections
By Frank Davies
© The Miami Herald
Gov. Jeb Bush Wednesday assured Rep. Clay Shaw and three other Republican congressmen Wednesday that he will hold off signing a controversial Everglades bill that could threaten funding until he studies their objections. ''I'm going to keep my options open. My hope is to sign the bill, but I don't want to do anything to jeopardize the progress we have made'' on Everglades restoration, Bush said after the meeting on Capitol Hill. Shaw, Porter Goss of Sanibel and two key members of the House Appropriations Committee warned Bush that if the bill, which could delay cleanup efforts, is not vetoed or changed, $4 billion in federal funds pledged to restoration of the Everglades would be in danger.  Read more...

 

14-May-2003

Governor counters critics of Glades bill
By Frank Davies and Lesley Clark
© The Miami Herald
On the eve of a showdown with congressional critics over his controversial Everglades bill, Gov. Jeb Bush on Tuesday launched a public-relations campaign to stem some of that criticism. Bush's office late Tuesday unveiled a website -- complete with color pictures of the Everglades -- extolling what Bush insists will be benefits of the proposed legislation. The governor's new offensive comes amid increasing unease over the effect of the measure, with critics saying it would delay cleanup of the Everglades and threaten federal funding for half of the $8.4 billion restoration effort. Even Interior Secretary Gale Norton and Environmental Protection Administrator Christine Todd Whitman considered publicly opposing the bill, according to two Capitol Hill staffers who spoke on condition of anonymity. The two members of the Cabinet even cowrote a proposed ''op-ed'' piece on the subject that was sent to the White House. But in a measure of the dispute's political sensitivity, Norton and Whitman kept their opposition private to avoid any criticism of the president's brother, according to the staffers.  Read more...

 

12-May-2003

Phosphorus threat at center of debate on Glades renewal
By Curtis Morgan
© The Miami Herald   


The entire dispute over phosphorus in the Everglades comes down to an amount so small that it's roughly equal to 5 ½ grains of sand in a bucket filled with one billion of them. "It's so small you wonder why we're even squabbling about it,'' said Philip Parsons, an attorney for the Florida Sugar Cane League. Here's why: In the Everglades, even barely detectable amounts of the fertilizer ingredient have huge effects. Largely lost in the fog of lobbying surrounding the controversial revision of Florida's plan to clean up the Everglades is the daunting problem that phosphorus poses: Despite significant strides by the state and the sugar industry in the last seven years, plumes already taint as much as 10 percent of the Everglades system and continue to creep across the sawgrass. When pollution reaches unspoiled areas, algae that anchor the food chain die. If the level builds -- as it has in more than 61,000 acres of the north Everglades -- prairies morph into something distinctly non-Glades, cattail thickets largely devoid of any other life. And, as yet anyway, no one knows exactly how to make farm and suburban runoff clean enough for the Everglades.
Read more...

Picture:  Courtesy Tim Chapman, Herald Staff

 

10-May-2003

Governor is warned about Glades proposal
By Curtis Morgan
© The Miami Herald
If his message didn't get through the first time, U.S. District Court Judge William Hoeveler delivered it again Friday to Gov. Jeb Bush in the bluntest language: A controversial Everglades bill is ``clearly defective.'' The judge, in an unusually pointed order following a hearing on the measure in his Miami courtroom last week, stopped short of directly urging a veto. But he said his ''fervent hope'' was that Bush would reconsider his stated intention to sign it. ''Apparently, he has been misled by persons who do not have the best interests of the Everglades in mind,'' Hoeveler wrote. Coming days before the governor visits Washington to discuss the measure with congressional critics, the stern words from a venerable federal jurist added considerably to mounting pressure on Bush to kill a bill backed by the sugar industry. Opponents say the bill could push cleanup of farm pollution back a decade or more and threatens the federal share of the $8 billion Everglades restoration effort. Bush, who has defended the measure and said he intends to sign it, issued a brief statement Friday, saying he was reviewing the judge's order.  Read more...  
Judge Hoeveler News Page

 

09-May-2003

Bush set to hear critics of Glades bill
By Lesley Clark
© The Miami Herald
Gov. Jeb Bush said Thursday that he is poised to sign a controversial Everglades bill into law unless his congressional critics can convince him that it will endanger an $8 billion restoration project. Despite overwhelming opposition from environmentalists and leading Republican congressmen, Bush said he's prepared to defend the sugar-industry-backed measure as a ``path for continued water-quality improvement.'' But Bush said he has promised U.S. Rep. E. Clay Shaw, R-Fort Lauderdale, that he'll hear him out before he signs the bill. Shaw has scolded Bush and the Legislature for pushing the measure, saying it could create mistrust and dampen federal enthusiasm for splitting with the state the cost of an $8 billion project to restore the polluted marsh. Bush said he plans to meet with Shaw next week in Washington, D.C., and said he wants to hear Shaw's concerns ``in specific.'' Bush said he's been inundated with e-mail, phone calls and letters on the measure, but that his critics lack details. ''I'm getting a lot of grief, Lord have mercy,'' Bush exclaimed Thursday as he left a Tallahassee elementary school where he launched a summer reading initiative.
Read more...

 

04-May-2003

Bush criticized for compromise in Glades bill
By Lesley Clark
© The Miami Herald
Gov. Jeb Bush's alliance with the sugar industry in softening water-quality standards in the Everglades has sparked questions from critics -- some of them in his own party -- about whether he miscalculated, imperiling federal money for one of the country's largest environmental restoration projects. The Legislature passed a measure -- all but guaranteed to receive his signature -- that would push back deadlines for cleaning up the polluted water that flows off farm fields and suburban lawns, forcing his administration into federal court Friday to defend the controversial measure before a skeptical judge who has overseen Everglades cleanup efforts since 1988. The issue is so explosive that leading congressional Republicans -- typically eager to flaunt their friendship with the powerful Bush family -- have not been shy about attacking the policies espoused by the president's brother and his leadership in a key political state. ''There seems to be no recognition in Tallahassee of how hard this legislation will make our job,'' said U.S. Rep. E. Clay Shaw, a Fort Lauderdale Republican so worried about the measure that he attended the court hearing Friday. ``There is a perception [in Washington] that the state is not keeping its part of the deal.''  Read more...

 

03-May-2003

Glades legislation worries judge
By Curtis Morgan
© The Miami Herald
U.S. District Court Judge William Hoeveler left no doubt Friday that he was troubled by a bill that critics charge could delay the cleanup of the Everglades for at least a decade. He peppered attorneys for the state with questions. And when U.S. Rep. E. Clay Shaw, R-Fort Lauderdale , told the judge he thought the ''bad bill'' was riddled with ''weasel words,'' Hoeveler quickly concurred: ``Absolutely.'' Hoeveler's authority to do anything about the bill was limited, in part because the bill isn't a law until Bush signs it -- which a spokeswoman said Friday that Bush intends to do soon. But during the four-hour hearing in Miami, the judge stressed he would not budge from a 1992 settlement that he oversaw. That agreement set a deadline for cleaning up polluted farm water flowing into federal parks and Everglades refuges within three years -- 10 to 20 years earlier than the new proposal. ''There's nothing that the state can do to back out of these agreements,'' he said. ``If it doesn't happen in 2006, then we may need slightly more time, but not 10 years.''  Read more...  
Judge Hoeveler News Page

 

01-May-2003

Legislature backs disputed bill on cleanup of the Everglades
By Lesley Clark
© The Miami Herald
Over the objections of environmentalists and the Republican members of Congress who control federal spending, the Legislature sent Gov. Jeb Bush a controversial Everglades cleanup measure Wednesday that critics warn could cost the state $4 billion. In a sure sign of the political clout behind the bill, the House waived its own rules to send the sugar-industry-backed measure to the governor as fast as possible, voting 96-18 across party lines for a Senate version of legislation that critics say eases pollution restrictions in the Everglades, giving polluters more time to clean up their act. The vote followed an intense lobbying campaign by environmentalists and members of Congress who have warned that the legislation threatens fragile federal support for an $8 billion Everglades restoration project -- the cost of which is being split by the state and federal governments. ''We applaud the 18 courageous members of the House who get the picture, the picture that clearly shows that federal money is now in jeopardy,'' said Eric Eikenberg, chief of staff to U.S. Rep. Clay Shaw, the Fort Lauderdale Republican who has repeatedly warned that the effort will make it harder to get federal money for Everglades restoration. Environmentalists vowed to lobby Bush for a veto, but the governor has supported the legislation, even in the face of opposition from U.S. Rep. Bill Young, the Florida Republican who heads the House of Representatives' Appropriations Committee. Alia Faraj, a spokeswoman for Bush, said he and the state environmental agency ``maintain their unwavering commitment to improving the water quality within the Everglades and to continued restoration.'' ''This bill clearly provides important environmental benefits,'' Faraj said.  Read more...

Return to Top

 

Revised:  11/16/03

University of Miami School of Law Library
Everglades Litigation Internet Initiative Director
1311 Miller Drive
Coral Gables, Florida 33146
(305) 284-4093
  2003 University of Miami School of Law.
All Rights Reserved.
Requests for information
Send comments / technical feedback.