Rock mining in Palm Beach suffers rare defeat ... by gimleteye

Rock mining is one of the wealthiest, most secretive industries in the state of Florida. It is an industrial activity involving the dynamiting and harvesting of ancient corals to make the base materials for cement and concrete. When you fly out of Miami International Airport, or pass by old lakes in South Miami, what you are seeing is an industrial activity that substantially helped destroy the Everglades. By allowing rock mines in the Everglades, local governments have drastically complicated restoration by the state and federal government and, in the case of Miami-Dade, imposed huge risks (and potential costs) on anyone who drinks water -- that means, everyone.

The laws protecting wetlands in Florida have proven ineffective against special interests that specialize in the lucrative game of lobbying and pushing loopholes into legislation. The best book written on the subject and a very good read: "Paving Paradise: Florida's Vanishing Wetlands and the Failure of No Net Loss".

Palm Beach County is a special example. The county is run by sugar billionaires (the Fanjuls) and rock miners. The sugar barons invite whatever economic activity will keep government at bay, especially government that seeks to restore the Everglades by forcing them to clean up their pollution. The sugar barons are deeply burrowed into protective farm programs protected by Democrats and Republicans alike. The Palm Beach County Commission -- like all county commissions -- have proven eager accomplices in the business of converting wetlands for profit since everyone is doing it.

Push back by environmentalists in the courts consumes an enormous amount of time, money and effort: commodities in increasingly short supply as waning public interest combines with economic and personal financial insecurity to create a laissez faire political climate where any sort of demagoguery attached to the word "jobs" gives momentum to the money changers, lobbyists, and sycophants.

That is why yesterday's news that a district appeals court ruled against a mine expansion in West Palm Beach is so rare. The PB Post reports, "In a decision that environmentalists say could affect the future of rock mining in the county's rural western area, the court ruled the 470-acre expansion planned by Bergeron Sand and Rock Mine Aggregates did not meet criteria spelled out in the county's comprehensive plan -- a long-term blueprint for growth and development." (Ron Bergeron, self-proclaimed Everglades defender, is behind the rock mine.)

What you will see, now, is an effort on many fronts to re-write comprehensive plans across the state of Florida. Why is that going to happen? Because Gov. Rick Scott gave carte blanche to local government when he beheaded the Florida Department of Community Affairs, the beaten-down agency with the sad, difficult task of trying to protect Floridians quality of life and environment from crappy development schemes. The schemers, won. If only people knew. (Click 'read more' for the whole Palm Beach Post story.)

Appeals court faults Palm Beach County for approving mine expansion in agricultural area

By Jennifer Sorentrue
Palm Beach Post Staff Writer

Posted: 6:20 p.m. Wednesday, Aug. 3, 2011

A rock mine south of Lake Okeechobee can't expand unless operators show that the aggregate they produce will be used for public projects, a requirement the company says it can't meet, the Fourth District Court of Appeals said Wednesday.

In a decision that environmentalists say could affect the future of rock mining in the county's rural western area, the court ruled the 470-acre expansion planned by Bergeron Sand and Rock Mine Aggregates did not meet criteria spelled out in the county's comprehensive plan -- a long-term blueprint for growth and development.

The county's plan requires that the land can only be used for mining if the mined rock is for public road projects, agriculture or water management. The appeals court ruled that the project did not meet those criteria.

In the 6-page ruling, the court said that a Bergeron official conceded that the company had no control over whether rock excavated from the mine would be used for the construction of public highways.

Bergeron and the county have 15 days to ask for a rehearing in the case.

Attorney Tara Duhy, who represents Bergeron, said Wednesday the company was considering its options. "We are looking it over," she said.

Assistant County Attorney Bob Banks said the county was also "looking at the options."

Environmental watchdogs said Wednesday's ruling marked a "huge victory" that could have far reaching effects on other mining projects planned in the county's rural Everglades Agricultural Area.

Environmentalists have argued that mining in the rural area could harm Everglades restoration and pollute the county's water supply.

"Mining in the EAA has been a major Everglades issue for several years now," said Richard Grosso, a pro bono attorney for the Everglades Law Center. "We are obviously happy to win the case, but frustrated that, at every turn in the last several years, the county commission goes and decides against Everglades restoration and for industry. At some point, we are hoping that the county will change its approach in order to start giving the benefit of the doubt to the Everglades."

In all, the environmental groups 1000 Friends of Florida and the Sierra Club have filed legal challenges against three county mining approvals, including the Bergeron expansion. Two cases are still pending.

But lawyers for the groups say this decision could extend far beyond those projects. Owners of other recently approved mines could be forced to show that rock from their projects will be used for public roads, agriculture, and water management, regardless of whether the approvals were challenged in court, they said.

"The county must enforce the language as written," said Attorney Robert Hartsell, with the Everglades Law Center.

Assistant County Attorney Banks said the decision might not be that sweeping. "Every case has slightly different facts," Banks said.

Mining approvals that weren't challenged can't be overturned, Banks said.

"There were time periods to follow and no one appealed," he said.

Find this article at:
http://www.palmbeachpost.com/news/state/appeals-court-faults-palm-beach-county-for-approving-1690968.html