It is one of the longest running environmental tragedies in South Florida: open pit rock mining in West Dade since the 1950's and years of litigation brought by environmental groups including Natural Resources Defense Council and Sierra Club against the US Army Corps of Engineers for permitting more mining in West Dade to excavate thousands of acres of wetlands near the drinking water wells serving 2.2 million Miami-Dade residents. (I wrote on this subject, here and in Counterpunch, a month ago.)
Yesterday's decision by a federal appeals court puts to rest the key points of concern to the public, beyond the question of rock mining in Everglades wetlands: that Miami-Dade's drinking water supply was put at risk of pollution and contamination by both rock miners and developers who had secured permits to develop within the well field's "cone of influence" despite evidence that the well field protection zone was insufficient. These threats were aided and abetted by Miami Dade county commissioners who failed to curb in any respect rock miners and developers or assess fines or taxes on industry in favor of more protection for people who drink tap water.
For years, the downtown federal courtroom was packed: three or four environmental attorneys-- lead by Miami-based Paul Schwiep, Eric Glitzenstein, and Brad Sewell, NRDC-- faced off against dozens of attorneys representing the rock mining industry and on the side of government regulators. The rock miners were unmoved by Judge Hoeveler's 2008 decision; one of the strongest indictments against environmental destruction in the history of US jurisdprudence.
In response, rock miners appealed Hoeveler's decision to reject permits that allowed rock mining to continue in Everglades wetlands according to a "plan" that had been devised in the 1990's. Yesterday the 11th Circuit affirmed the court decision to vacate CWA Section 404 permits allowing limestone mining in Florida's Lake Belt region (Sierra Club v. Van Antwerp, 09-10877).
The appeals court also found that U.S. District Judge William Hoeveler did not abuse his discretion by vacating the permits. As directed by Hoeveler, the Fish and Wildlife Service has prepared new Biological Opinions on the permits and the Corps' SEIS, which it released the other day. That means the Corps is likely to follow soon with new permits.
The bottom line is the mining industry-- far from being put 'out of business' as it has agitated-- will be allowed to continue. What the environmental attorneys will win is extensive court costs. While rock mining lawyers were paid top dollar to sit through years of procedures, lawyers representing the environment were required to scramble for funds or, even, to work on the case without compensation at all pending a final outcome.
The question remains, the extent to which additional permits will be based on current science regarding the safety of the aquifer serving 2.2 million residents in Miami-Dade. That science, conducted by the USGS, was at the heart of the controversy and unfortunately repressed during the Bush terms despite the fact that its outcomes were well known by regulators.
The key question is the extent to which rock mining allows pathogens and pollution to travel underground and contaminate sole sources of drinking water. It is an issue with enormous ramifications throughout the State of Florida and will ripple far beyond the Miami Dade borders to other counties where rock mining permits have been routinely rubber-stamped over the objections of citizens and environmentalists.
It is unclear what conditions will be put on new rock mining permits in the Lake Belt, or even, if the US Army Corps of Engineers will finally accept the science that turned its illegal permits upside down.
What is clear is that the 2.2 million residents of Miami-Dade County were wronged by senior managers in county agencies charged with protecting the environment: Miami Dade Water and Sewer and Miami Dade Environmental Resource Management. Under pressure from key county commissioners like Natacha Seijas, they were never allowed to raise an iota of concern but instead rubber stamped any zoning change that came before them, and as a result shifted enormous liability to taxpayers and shielded the rock mining industry from exposure. The record on this is clear: local, state and federal authorities all succumbed to the pressure of a powerful and secretive industry that put its profits ahead-- far ahead-- of public health. It is not in the court decision, but that is what the court decision means.
An honest government would ask for an investigation of the county role in allowing West Dade rock mining to roll over the zoning processes and a decisive government would take a step further: the immediate termination of decision-makers who are still in place, still in authority, and still protected by county commissioners who voters re-elect to office, mostly because they have no idea how the playing field is arranged to shred accountability. But we do not have an honest government. It would surprise me if a single county commissioner raises the matter in public. Have faith that no human pathogens enter those rock mines in West Dade.
4 comments:
Let's name names of those county administrators and public officials who sanctioned these decisions. They are probably still employed in the County and making other bad decisions or ignoring safety violations and pollution. Unless names are mentioned, no one will take responsibility or be held accountable.
Perhaps the State or Federal officials should convene a grand jury to investigate criminal charges being brought.
I just read the decision and agree 100%.
It's also a powerful indictment of the Corps and their corrupt and/or incompetent handling of the Lake Belt region.
Name names? Here's one. John Renfrow, former longtime DERM Director and current Director of WASD. Spineless, political appointee who has never cared about anything other than keeping his job and kowtowing to the Manager and BCC. The Peter Principle personfied and the epitome of the incompetent bureaucrat.
Another George M. Burgess Production
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