In a 20 page ruling today, Federal Judge Federico A. Moreno ordered that the massive Everglades Agricultural Area reservoir-- suspended by the state to make way for the purchase of US Sugar lands-- must now be built. The court sided with the Miccosukee Tribe and its attorney Dexter Lehtinen. Moreno cited the substantial uncertainties about the land purchase; points also raised by the Tribe. Moreno, who succeeded Judge William Hoeveler, in the principle review of litigation and the settlement agreement by the State of Florida and the US government had been silent on the US Sugar purchase plan until now. In the New York Times, I have been quoted twice on the US Sugar deal. When it was first announced, I called it a "game changer". I felt, as I still do, that there are massive uncertainties associated with the EAA Reservoir related to feasibility, cost of operation and water quality. But Judge Moreno, who spends a lot more time combing through the fine points of the law, also found that the state has been unreliable on the issue of the US Sugar acquisition. Given prior commitments, Judge Moreno put his foot down firmly on the side of what has already been agreed to; despite enormous technological obstacles. On balance, environmentalists have sided with the idea of increasing the land available for water storage, not massive man-made ponds susceptible to leaks and to algae blooms and costly treatment and repair. I'll have more on this, later. For the time being, this ruling appears to be a huge win for Dexter Lehtinen and the team of consultants advising the Tribe. Who needs tennis at the Sony Ericcson on Key Biscayne, when all you have to do is watch the action ping back and forth, in whatever one calls Everglades restoration.
1 comment:
Finally another Judge who sees the truth. Big Sugar only wants to make money. The residents of Florida and the citizens of the United States deserve clean water in the Everglades National Park.
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