*** Friends was founded by Marjory Stoneman Douglas ***
Everglades Phosphorus Pollution Battle Still Ongoing
February 4, 2004
On February 28, 2003 the Sugar Cane Growers Cooperative of Florida filed
suit against the Department of Environmental Protection in an attempt to
keep the statutory default standard of 10 ppb for phosphorus pollution
entering the Everglades Protection Area from automatically becoming law on
December 31, 2003.
The Sugar Cane Growers argued that a the default standard, without the
"moderating" provisions envisioned in the proposed ERC rule, would cause
them irreparable harm. The ERC crafted proposed rule made an absolute joke
of the pollution standard by delaying real pollution abatement for years.
On August 7, 2003, the Miccosukee Tribe of Indians, in concert with Friends
of the Everglades, filed an administrative challenge to the ERC rule.
Audubon of Florida, the National Audubon Society, the Everglades Foundation,
Inc., and Florida Wildlife Federation quickly filed suit as well. And though
those groups settled out in November 2003, the Tribe and Friends stayed and
mounted a grueling four week trial, delaying a determination on the
challenge until after the December 31, 2003 deadline has passed.
In December a Circuit Court Judge threw out the Sugar Cane Growers lawsuit
as premature but granted leave to amend or refile.
As a result of the Miccosukee Indians and Friends of the Everglades
persistence, the Everglades saw the default standard come into effect in
2004 - a 10 ppb standard which is truly protective of the flora and fauna as
contemplated, and promised, by the State and other parties over a decade
ago. A determination in the administrative challenge is still sometime off
but the Sugar Cane Growers have quietly refiled their lawsuit.
Friends of the Everglades is closely following this lawsuit.
I urge everyone to follow this case closely. The Florida Department of Environmental Protection often acts honorably in
regulatory disputes, however, in pollution lawsuits between political bedfellows it is
generally the environment that gets hurt.
The case is:
Sugar Cane Growers Cooperative of Florida vs. Dept of Environmental
Protection
Leon County Circuit Court Case No.: 2003 CA 499 (37)
http://cvweb.clerk.leon.fl.us
David P. Reiner
Friends of the Everglades
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