Breaking News: RICO claim in a Florida environmental lawsuit, by gimleteye

Finally there is a case, the first I know of, that uses RICO--the law commonly used against organized crime--in a federal lawsuit involving the environment. It is a case filed in the US District Court, Southern District, West Palm Beach Division by the Palm Beach Environmental Coalition and individuals against government agencies, Gulfstream Natural Gas Systems and Palm Beach Aggregates.

Our archive feature on rock mining has featured a number of posts on Palm Beach Aggregates and the wealthiest and most secretive industry in Florida: rock mining.

This is an exceedingly strange story; one owner claims to be a champion of protecting the rainforest in the Amazon and another owner, one of Jeb Bush's biggest campaign contributors, was beneficiary of a land deal for property early in the first Jeb Bush term that set impossibly high price pegs for purchase by the state of lands deemed critical for Everglades "restoration".

Why have Florida environmental groups been so complacent in the matter of tying the destruction of environmental resources to criminal behavior?

Likely, they are afraid of being branded "extremist", a point that stuck like glue during the 1980's. The true extremists are not citizens willing to be arrested in peaceful demonstrations but economic stakeholders and special interests wrecking our air, water, and natural resources and claiming these are tolerable trade-offs for economic profit.

The stinking mess of Palm Beach Aggregates landed two county commissioners in prison, a fact that supports the RICO charge. Then, again, I'm not a federal judge. Read the RICO count, below.

COUNT VI
VIOLATION OF FEDERAL RICO (18 U.S.C. SECTION 1961)
AND FLORIDA RICO
STATE AND PRIVATE DEFENDANTS

Plaintiff realleges the allegations in paragraphs 1-112 as though fully set forth herein.
165. The provision of energy in the form through the construction and maintenance of the WCEC (West County Energy Center) constitutes an enterprise as defined in the Federal and State RICO Acts.

166. The Defendants conspired with each other and with others including, but not limited to former County Commissioners Tony Masilotti and Warren Newell, the Palm Beach Board of County Commissioners, Gulfstream, Palm Beach Aggregates and others, in a pattern of racketeering activity in connection with the WCEC, as described herein, for their own personal financial gain, and/or the gain of the bodies and agencies they represent, and/or their own political and professional gain, which resulted in their own personal financial gain, in violation of the Federal and State RICO Acts.

167. Even after the Defendants, including but not limited to the Palm Beach County Commission, recognized that decisions involving the WCEC were made illegally by two former County Commissioners, who are now in jail due to their criminal activities, the other County Commissioners, and the other Defendants, condoned, ratified, and approved of these criminal activities, by failing to review these decisions, and by failing to reconsider such decisions which were illegally made in violation of the RICO laws.

168. The violations of the Federal and State RICO Acts described herein, resulted in the financial gain to the Defendants and the two former County Commissioners who are now in jail as a result of their criminal activities, and further resulted in financial harm to the Plaintiffs and all members of the public, who are now required to pay staggering amounts of money in the form of higher taxes and higher energy bills from FP&L, and other governmental entities, and who will suffer staggering financial losses due to the devastating environmental harm and havoc that will result from the WCEC.

169. As a further direct and proximate result of the criminal enterprise described herein, FP&L has benefited financially, Gulfstream has benefited financially, all those who will build and construct the WCEC will benefit financially, and those who own land where the WCEC will be constructed and in this vicinity will benefit financially, and those who provide power from natural gas have benefited over those who provide other types of energy, such as solar or wind energy.

170. As described herein the Defendants and their co-conspirators have engaged in numerous acts of racketeering activity which constitutes a pattern.

171. The predicate criminal acts as defined by Federal and State RICO and as described herein include, but are not limited to the following: a) misuse of public office by Commissioners Warren Newell and Tony Masilotti and others; b) bribery; c) extortion under color of official right (i.e. the use by governmental officials of their official powers in order to gain personal or illegitimate rewards, including campaign contributions and personal gain by Newell and Masilotti); d) obstruction of justice by Commissioners Warren Newell and Tony Masilotti and others; e) and mail and wire fraud.

172. As a direct and proximate cause of the RICO violations described herein, the Plaintiffs and the public have been harmed.
WHEREFORE, Plaintiffs respectfully request the following relief:
A. Declare the actions of the Defendants to be in violation of the State and Federal RICO Acts.;
B. Declare that all permits and approvals for the WCEC, and/or permits and approvals in any way connected with the WCEC, and/or decisions and approvals for the Gulfstream Pipe Line, and/or for the Deep Well injection of water from the WCEC, and/or the acquisition of any lands connected with the WCEC, and all agreements and contracts concerning the WCEC, and/or any expenditures of public funds in any way connected to or supporting the decision to construct the WCEC be declared invalid and of no legal force and effect;
C. Preliminarily and Permanently enjoin Defendants and any other entities from taking any action in furtherance of the construction, planning, and/or financing of the WCEC;
D. Enter an Order awarding the Plaintiffs their reasonable costs and attorney’s fees pursuant to the Federal and State RICO Acts;
E. Award Plaintiffs damages of $1;
F. Provide such further relief as this Court deems fit and proper to accomplish the goals and intent of the Federal and State RICO Acts.