Everglades Restoration on the front burner ... by gimleteye

(photo by Clyde Butcher)
I am a board member of the environmental group, Friends of the Everglades. I joined the board of this non-profit at the invitation of Juanita Greene. Juanita, a former Miami Herald reporter, tirelessly advocated for the Everglades in the same path as one of the organization's founders, Marjory Stoneman Douglas. Today, Friends (shameless plea for your membership and contributions, here) is the lead plaintiff in lawsuits of national importance. One involves resolution of Clean Water Act violations by the U.S. Environmental Protection Agency. In an unprecedented hearing ordered by district judge Alan S. Gold next week, EPA Administrator Lisa Jackson has been called to appear. Although EPA has appealed the required appearance, it will be an historic moment. (click, read more)

The Miami Herald published an editorial recently, about "foot-dragging" by the EPA and its efforts to substitute the appearance of the nation's top environmental officer with a deputy. But as all the parties know, EPA has plenty of company in the foot-dragging department in Florida. One way or another, I have been involved in issues related to Everglades restoration policies-- including, importantly, land use-- for nearly 25 years. The public owes gratitude to the two federal judges-- Federico Moreno and Alan Gold-- and efforts by their staffs to make sense out of the immense costs, totaling billions, to revive the remnant, faded River of Grass; to support not habitats, but Tribal lands, jobs and economic growth. For readers with interest and patience, last week the National Academy of Sciences-- the nation's premier scientific research organization-- published a comprehensive update on Everglades restoration, available freely for download.

So what have I learned? I have learned that complexity is a fine excuse for delay and obfuscation. What ails the Everglades is not complex, if we could make our actions match our words.

Posted on Mon, Sep. 27, 2010
Foot-dragging over the Everglades
Miami Herald Opinion

Last week's order by Federal District Judge Alan S. Gold directing EPA Administrator Lisa Jackson to show up in his Miami courtroom -- or else -- is one more in a long series of attempts by frustrated South Florida jurists to make the government comply with its responsibility to clean up the Everglades.
Bravo, Your Honor -- and good luck with that.

``The defendants (Ms. Jackson and two other environmental officials) are hereby placed on notice that failure to comply with the terms of this Order will not be tolerated,'' the judge declared.

Ms. Jackson, administrator of the Environmental Protection Agency, would be wise to heed the order. Judge Gold clearly means business and has every reason to be upset and impatient with government foot-dragging in Everglades litigation.

This particular Everglades lawsuit -- there are others pending -- was filed more than five years ago. It's been moving forward at a snail's pace, thanks to government lethargy and stalling tactics.

Judge wants explanation

Frustrated with the persistent delays, the judge on April 14 ordered the officials to appear in his courtroom to explain why the legally mandated standard on water quality of the Everglades has not been met.

That was more than five months ago, yet last week Ms. Jackson said she couldn't be present because she's on a very important mission to Asia that starts on Oct. 8 and just can't make the time. The court was not impressed. Neither are we.

Judge Gold was at pains to point out ``the significant nature of the issues in this case'' and the failure of Ms. Jackson and other named bureaucrats to make ``any showing of a matter of national importance, issue, or great significance to preclude'' their attendance.

Ms. Jackson, through the government's lawyers, offered to send an aide. But Judge Gold rightly noted that as EPA director she is a named party to the lawsuit and the court has a right to pose direct questions to her and the others about whether their strategies for meeting water purity standards ``are a sincere commitment or merely an empty shell.''

That gets to the heart of the matter.

A complaint by Friends of the Everglades and others filed years ago accused the EPA (under a previous administrator) of acting ``arbitrarily and capriciously'' in failing to comply with federal water quality standards for the Everglades.

No activist court

In July 2008, Judge Gold entered a summary judgment in favor of the plaintiffs, but not until last month did the EPA file a plan that might meet the court's mandate for ``an enforceable framework for ensuring compliance.''

Hence, the court's impatience.

Judge Gold is no activist judge. He has a well-deserved reputation as a top-flight, even-tempered, thoughtful jurist. And he's been patient enough already.

Indeed, he pointedly noted in his previous order that he was reserving his right to use the court's contempt powers if officials don't comply. Ms. Jackson is tempting fate if she fails to appear.