May  2002 

 

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31-May-02

National Briefing | Midwest: Wisconsin: Deer Hunters React To Wasting Disease
A survey finds that 56 percent of the deer hunters in the state, though aware of chronic wasting disease, are not concerned about eating wild venison. Four out of five of those surveyed by St. Norbert College said they would be willing to have their prey tested, though more than half said they would not pay for testing. And 36 percent of the hunters said the disease that is plaguing deer had made them reconsider hunting. Jodi Wilgoren (NYT). 
Copyright  © 2002  NY Times online  All rights reserved.

                Related Article,

                December 2, 2002
                Deer Disease Deters Few Wisconsin Hunters

 

County OK's development nearer Glades Environmentalists decry move
The Miami-Dade County Commission approved a massive industrial warehouse project on a degraded wetland near the turnpike on Thursday, pushing the western limit for urban development toward the Everglades for the first time in nearly a decade.   Despite a hail of criticism from environmentalists,who said the project would compromise the Everglades restoration plan and threaten the county's water supply, commissioners voted 11 to 2 to allow developer Armando Codina to build a 436-acre complex on a swampy parcel west of Doral.  The vote was a major victory for Codina, who spent two years pushing the project through the bureaucratic  hurdles inherent in revising the county's master plan, as was required. He fought at least two previous recommendations by county staff to reject the application. He met individually with commissioners numerous times and hired a team of six lawyers and lobbyists.  The Beacon Lakes project will feature 6.6 million  square feet of warehouse space and 225,000 square feet of office and retail space.  ''This will be done right,'' Codina told commissioners after the vote. ``We will be sensitive to all the issues.''  High among those issues: concerns that approving one application outside the urban zone would set a precedent for other builders hoping to tap open land in the west.

Copyright  © 2002  Miami Herald  All rights reserved.

Appeals court sides with landowners in NRPA case 
 Collier County's interim plan to protect natural resources without considering the intensity of agriculture in those sensitive areas remains in place, following a ruling this week by a three-judge panel.   In a move that represents a second defeat for the Florida Wildlife Federation and the Collier County Audubon Society, the 1st District Court of Appeal in Tallahassee on Tuesday upheld temporary protection plans for the Florida panther and other threatened species in eastern Collier County.   By a 2-1 vote, the three-judge panel affirmed a decision made in 2000 by an administrative law judge that the Department of Community Affairs didn't err when it signed off on county plans to set up natural resource protection areas to control growth in the rural region.   The environmental groups challenged the plan, which set aside nearly 140,000 acres for habitat protection but didn't restrict the types of agricultural uses within those regions.   DCA officials and affected landowners have argued that the interim plan set aside adequate space for resource protection. Further, they said, the type of agricultural activity conducted on a particular parcel wouldn't be restricted by the growth management order that Gov. Jeb Bush and the Cabinet approved in 1999.  Environmentalists countered that the order required local officials to regulate the intensity of agricultural use. Without such restrictions, environmentalists argued, there is little they can do to protect endangered animals from adverse or overly aggressive agricultural use.   After hearing oral arguments in March, the appellate panel sided with the DCA and landowners, saying the interim plan's protection areas are reasonable and that, taken as a whole, the state law controlling land use doesn't specify that agricultural intensity must be addressed in this case.   "Although certain isolated portions of the statute support appellants' argument that all land-use categories must be subjected to an intensity-of-use standard, all parts of a statute should be given effect in order to achieve a harmonious whole," Judge Richard Ervin wrote for the majority.   Not only do state land-use provisions support the DCA's interpretation that an agricultural use of land is excluded from an intensity review, "other pertinent statutes do as well," Ervin concluded.   Thomas Reese, the attorney representing Audubon and the Wildlife Federation, said the court sent a mixed message. While the court agreed that the county's interim environmental protection zones were reasonable, they split on whether the department is properly adhering to its own rules by not taking the intensity of agricultural use into account. 

Copyright  © 2002  Naples News  All rights reserved.

Conservancy taps environmental lawyer to fill policy position 
An environmental attorney will begin to battle growth-related problems in Southwest Florida with a local environmental group.    The Conservancy of Southwest Florida has hired Gary Davis to fill the environmental policy director position on June 3.   Davis, 49, will move from Knoxville, Tenn., where he has practiced public interest environmental law for 18 years and where he teaches environmental law as an adjunct professor at the University of Tennessee.   Tracy Zampaglione, director of communications for the conservancy, wouldn't disclose Davis' annual salary. Davis will replace Michael Simonik, now executive director of the Calusa Nature Center in Fort Myers.   Zampaglione said Davis has 21 years of advocacy experience. Before starting his own law practice, he founded an office of the Legal Environmental Assistance Foundation in Knoxville.   She said Davis has been a force for sound environmental policy in Tennessee, North Carolina, Virginia and Southeastern states where he worked with community and environmental organizations on issues such as land use, water pollution and solid and hazardous waste.   He also has government policy experience, having served in the California governor's office in the early 1980s.   Davis was awarded the Lifetime Achievement Award by the Tennessee Environmental Council, a statewide coalition.   Zampaglione said Davis is widely published and is an international speaker and lecturer. 
Copyright  © 2002  Naples News  All rights reserved.

Impact of drilling deals starting to sink in 
 The News-Press Washington bureau   WASHINGTON - For 18 years, momentum for erecting drilling rigs off Florida's Gulf Coast accumulated until it seemed inevitable the towers and platforms, pipelines and supply boats would arrive.   Then suddenly, the momentum died. 
A 10-minute news conference with Florida Gov. Jeb Bush and Interior Secretary Gale Norton on the driveway outside the White House changed everything for those who had so much wrapped up in the Destin Dome natural gas project, a high-stakes standoff over energy development and Florida's marine habitat.   Twenty-four hours later, environmentalists were still pinching themselves at the rare victory. Industry officials were coming to terms with what appeared to be a sweeping policy decision. And the politics of it all left some ruffled feathers in the Sunshine State, where Republicans and Democrats are supposed to get along on big environmental questions.   The biggest winners were environmentalists and coastal residents who worked for years to keep their concerns about rig pollution at the forefront of the discussion, said Enid Sisskin, legislative chairwoman of Gulf Coast Environmental Defense, a Panhandle group opposed to offshore drilling.   Sisskin pored over environmental impact statements to identify weaknesses that could be exploited. She and others wrote letters, coordinated e-mail campaigns and perhaps most importantly, organized strong and vocal attendance at many public hearings.   "On the environmental side, we have so few victories and in cases when we do win, they are temporary," Sisskin said. "I'm numb. It still hasn't sunk in."   A confluence of interests and events seemed to tip the balance in favor of the greens this time. 

Copyright  © 2002  Fort Meyers News Press  All rights reserved.

 

Editorial: Big Cypress National Preserve A turnabout can be sweet 
Big government thrives on imposing rules upon others.  That is why citizens derive a degree of satisfaction - or is it aggravation? - from seeing big government getting caught trying to avoid the same rules.   Such is the case at Big Cypress National Preserve, where park officials reported completing 24 miles of an overall 400-mile trail system without the necessary environmental permits.   That would be the same Big Cypress where environmental protection was the topic of no less than an Oval Office get-together this week to halt further oil and gas exploration.   Granted, at Big Cypress the feds were nabbed by nature groups that oppose the trail.   Yet, rules are rules. It took an on-site inspection by a trio of other federal agencies to make that clear at Big Cypress, whose officials insist they were doing permit-free maintenance work rather than new construction.   Let an everyday citizen try that defense and see what happens. 
Copyright  © 2002  Naples News  All rights reserved.

30-May-02

Sky's the limit for condos
Losers wore red. Red polo shirts. Red T-shirts. Bold red jackets. A fellow in a red cowboy shirt with mother-of-pearl buttons was ejected for haranguing city commissioners out of turn. A woman in red plaid railed against the specter of seaside high-rises. ''I'm putting you on notice!'' warned another, waving a recall petition and opening a red umbrella. They demanded a referendum before city-owned beach property was surrendered to some condo developer. Poor, silly, crimson-clad people. Did they really imagine that political power in South Florida emanates from democratic will? The mayor and commission majority in Pompano Beach, or any beachfront city beholden to condo developers, could not possibly allow voters to limit bigness along the seashore.

Copyright  © 2002  Miami Herald  All rights reserved.

 

 

      

 This is a win for all sides," says Secretary of the Interior 
Gale Norton after Wednesday's announcement of a deal
to head off further oil drilling in the Everglades and offshore 
of Florida's Panhandle beaches. Gov. Jeb Bush,  left, attended
 the meeting at the White House

Deals block oil drilling in Everglades and Gulf President moves to buy back rights, protect resources
President Bush on Wednesday blocked efforts to erect drilling rigs off sugary Panhandle beaches and among cypress stands fringing the Everglades, announcing two landmark deals to buy back oil and gas rights for $235 million.  ''Florida is known worldwide for its beautiful coastal waters and the Everglades,'' the president said at a White House ceremony attended by his brother, Florida Gov. Jeb Bush. ``Today, we are acting to preserve both.''  The agreements also have broader implications, giving Jeb Bush a campaign boost and bolstering the president's image in a state vital to his reelection hopes as well.  Asked if a deal sponsored by his brother would help him politically, Gov. Bush responded: ``I hope so. But more importantly, it is good public policy. And when there's a convergence of good politics and good policy, I don't think we should be ashamed about it.'' The announcement earned the administration something it has rarely heard while pursuing a national energy policy to open vast new wilderness areas to exploration: gushers of praise from environmentalists, particularly in Florida, where anti-rig sentiment runs deep across political lines.  ''This will go down as one of the great environmental victories for Florida,'' said Mark Ferrulo, director of the Florida Public Interest Research Group, which has fought growing pressure from oil and gas companies to tap into rich reserves in the Gulf of Mexico.  The two deals are different but effectively block the most immediate drilling prospects in Florida -- in the sprawling Big Cypress National Preserve in Southwest Florida and in the Destin Dome, about 25 miles off pristine Panhandle beaches in the Gulf of Mexico.  The Big Cypress deal seals seven years of federal efforts to negotiate with the powerful Collier family for mineral rights in the preserve, a key part of the Everglades system, the strangled River of Grass the state and federal governments are shelling out some $8 billion to revive.  ''This agreement is a win for all sides,'' said Interior Secretary Gale Norton, whose agency negotiated both complex deals. ``The Collier area -- the Big Cypress Preserve -- is home to endangered species like the red-cockaded woodpecker, the crocodile, the manatee and the Florida panther. It is an area that is especially sensitive.''  Interior will pay about $120 million to two Collier companies for oil and gas exploration rights under 400,000 acres in the Big Cypress National Preserve, the Florida Panther National Wildlife Refuge and the Ten Thousand Islands National Wildlife Refuge.

Copyright  © 2002  Miami Herald  All rights reserved.

Drilling: Reaction to President Bush's oil and gas drilling agreement 
  Comments about an agreement Wednesday by President Bush to buy leases in the Gulf of Mexico off Florida and purchase mineral rights in the Everglades to prevent oil and natural gas drilling:    "The River of Grass is now Bush Country."   - U.S. Rep. Mark Foley, R-West Palm Beach.    "This is not the first time, nor will it be the last time, that President Bush has swooped in to help his brother."    - Nicole Harburger, spokeswoman for former U.S. Attorney General Janet Reno, a candidat  for the Democratic gubernatorial nomination.  "In the Big Cypress and the two refuges, that eliminates the majority of the potential gas and oil exploration. ... You won't have that road building and wetland filling."   - Manley Fuller, Florida Wildlife Federation.     "I'm ecstatic. I'm happy. This certainly ends the immediate threat of any oil and gas drilling i  the eastern gulf."   - Enid Sisskin, legislative chairwoman, Gulf Coast Environmental Defense.   "While I am pleased that the most immediate threat to some of our nation's premiere beaches has been avoided, there are 99 other leases in the eastern gulf that remain a threat. This is a step in the right direction, but today's developments should be a starting point to permanently end future drilling off Florida's gulf coast."   - U.S. Sen. Bob Graham, D-Fla.    "We've finally slammed the door shut on the idea of drilling for oil in our state's mos  environmentally sensitive areas."   - U.S. Rep. Ric Keller, R-Orlando.  "Gov. Bush went to the mothership and got a big gift from his brother. .... I see this as a pure political play by Gov. Bush with an assist from President Bush."   

Copyright  © 2002  Naples News  All rights reserved.

29-May-02

Circuit court ruling could unleash Keys development
A ruling that could affect the future of growth in the Florida Keys was handed down Tuesday by 16th Circuit Court Judge Richard Payne.  Although Monroe County plans to appeal the ruling to a higher court, the ruling could open the door for owners to build on undeveloped single-family platted lots without going through the county's growth-management process.  "I have been waiting for four and a half years for this day," said attorney Jim Mattson, who represented the property owners. "I expect it will be appealed and then whoever loses will take it to the Florida Supreme Court."  The plaintiffs in the case each own an interest in one or more undeveloped, platted lots in a subdivision that was platted and recorded in Monroe County between April 24, 1924 and June 27, 1971.  The plaintiffs asserted in the case that Florida Statute 380.05(18) prohibits the state and its political subdivisions from "limiting or modifying in any way," development rights that relate to their platted lots before the Florida Keys were designated an Area of Critical State Concern. On the other side, Monroe County, the Village of Islamorada, and the state Department of Community Affairs argued that state law required more than "mere ownership" of a platted lot, and if it does apply to ownership, then any construction of a home on a platted lot is not "development authorized."  "Defendants' misinterpretation of the statute differs from its actual language. ..." said Payne in his decision. "As to the first duty of the trial court in determining whether the language of Section 380.05 is clear and unambiguous, the court finds the language to be clear and definite. The court holds that the plaintiffs' construction of 380.05(18) is correct."  "My hope is this will stick," said Mattson. "This sends a powerful message to the state, county, Marathon, and Islamorada. This whole process was just a way to stop growth."  Tim McGarry, division director of Monroe County Growth Management said the county will appeal the decision.
Copyright  © 2002  Keys news  All rights reserved.

President Takes Action to Preserve Florida's Environment    

President's Statement on Preserving Florida's Environment Florida is known worldwide for its beautiful coastal waters and the Everglades. Today we are acting to preserve both. Florida is also known for its strong commitment to preserving these extraordinary natural resources, and the federal government is a strong partner in those efforts. Today, I am extremely pleased to announce two historic actions in the state of Florida that exemplify personal stewardship and conservation partnerships. The United States government will buy back the rights for natural gas and oil development in Destin Dome, and in critical parts of the Everglades. These are important steps in preserving some of our Nation's most beautiful natural treasures, including Big Cypress National Preserve, the Florida Panther National Wildlife Refuge, and the Ten Thousand Islands National Wildlife Refuge. Today's action once again demonstrates that my Administration will take seriously the views of local communities. The federal government should continue to work closely with states and local communities in solving issues that affect energy security, the economy, and the environment. I appreciate the good work of Secretary Norton and the staff of the Department of the Interior, Governor Bush and his team, the Collier family, and the private sector companies whose hard work has made these agreements possible. They have contributed greatly to our shared mission of sustained stewardship of these extraordinary natural areas.   Read more...
Copyright  © 2002  Whitehouse.  All rights reserved.

 

Bonita fireworks are for the birds City to study effect of show on rookery  
Sea turtles, parking woes and a lack of open space leaves the city of Bonita Springs with few options for its Fourth of July fireworks show. City officials settled on one location they thought would have the least impact on residents of their fast-growing city, while still protecting the environment. For the second consecutive year, the city plans to launch fireworks from a barge anchored in Estero Bay. But environmentalists are upset and say that last year's fireworks caused nearby nesting birds to flee their haven at Bird Island. People and wildlife are increasingly at odds in Southwest Florida as growth continues to strain wildlife, reduce open space and spark debate over how lands are used. Heather Stafford, a state manager of Estero Bay Aquatic Preserve, said she didn't know whether the fireworks sparked the flight from Bird Island. Still, she insisted that a fireworks show - no matter how brief - should not be launched in an aquatic preserve. Despite Stafford's objections, the Florida Department of Environmental Protection will issue a permit to the city. Bird Island is almost two miles from where the fireworks will be launched.
Copyright  © 2002  Fort Meyers News Press  All rights reserved.

 

Martin agrees to commit funds for 2 rivers
Forced to choose between two sensitive waterways, the Martin County Commission on Tuesday agreed to find money to protect the Loxahatchee River without damming the flow of funds for the St. Lucie River.  Despite a staff recommendation to commit $3 million from the county's local option sales tax fund to buy the headwaters of the Loxahatchee River, the commission agreed to save the tax money for the St. Lucie River.  Instead, the commission promised to contribute to the state-sponsored purchase of the 4,184-acre Cypress Creek property without specifying where  the money would come from.The commission agreed that voters intended the sales tax money to go to the St. Lucie River.  "It was the St. Lucie River Initiative that came to the board at the time (in 1997) to help us get a perspective on cleaning up the river, the St. Lucie River," commission Chairwoman Elmira Gainey said. "Our word has to mean something to our citizens. It's a trust issue."  The commission unanimously instructed County Administrator Russ Blackburn to further examine funding options other than the sales tax, but only after a heated debate.  Neon-colored signs and lapel pins dotted the commission chambers in an effort to pressure the commission to fund the project, which would help reduce saltwater intrusion into the Loxahatchee River.  A decision was needed Tuesday, because the state Department of Environmental Protection's land acquisition council will discuss the property for state funding today, said Gary Roderick, county water quality chief.  Although the lack of a specific funding source made some Loxahatchee advocates nervous, Barb White, a member of the Loxahatchee River Coalition, said she was pleased with the outcome.  "We need to say, 'Yes, Martin County is absolutely willing to help in this project, to put their funding where it needs to be,'" White said. "We have the support to purchase the Cypress Creek. No matter where (the money)
comes from, it's a win."

Copyright  © 2002  Keys news  All rights reserved.

Groups calls for more oversight of cruise ships
The Ocean Conservancy, a national environmental group with a Florida Keys office, is calling today for a crackdown on cruise-ship pollution.  The group's push -- outlined in the report to be released this morning called "Cruise Control" -- centers on more regulations and enforcement for the cruise industry, which plans to put 49 more ships in service by 2005. Nancy Klingener, the Keys representative of The Ocean Conservancy, said some ships "unload the population of Big Pine Key onto Key West, and they're regulated like sailboats."  With the recent settlement by Carnival cruise lines, which brings several ships into Key West, and the admission some of those ships were illegally dumping sewage, Klingener said the industry obviously needs to be more closely watched.  Two years ago, the Blue Water Network, which includes The Ocean Conservancy, asked the federal Environmental Protection Agency for more oversight. It was not implemented, and the industry is growing about 10 percent each year. Some new ships are more than 1,000 feet long and carry more than 5,000 passengers, according to a news release from The Ocean Conservancy. The pollution generated daily by one of the ships includes 37,000 gallons of oily bilge water, 30,000 gallons of sewage, 255,000 gallons of gray water from showers and other water sources, 15 gallons of chemicals from photo processing and dry cleaning, seven tons of garbage and air pollution from diesel engines to equal thousands of automobiles, according to the release.  "It's obviously a very large and growing industry that is becoming an incredibly large part of the Key West city economy," Klingener said. "Given that and the sensitivity of our marine resources, we need to be very, very sure that these large ships are not hurting our environment."  
Copyright  © 2002  Keys news  All rights reserved.

 

Health advisories issued at two popular beaches
Once again, with the summer rains have come beach closings.  The Monroe County Health Department Tuesday issued health advisories for Higgs Beach in Key West and John Pennekamp State Park in Key Largo, warning beachgoers to avoid contact with the water because of high levels of enterococcus bacteria, which is found in human and animal waste.  Health Department Administrator Jake Rutherford and Key West Utilities Director David Fernandez attributed the high bacteria levels to the recent heavy rains after a long dry spell.  Rutherford said there is no way to know at this time if beach closings will be a problem this summer or if the rains are just "flushing out contaminants from the sponge that is our island."  Although Key West upgraded its sewer plant and collection systems over the past few years, at a cost of $67 million, Fernandez said the city still has problems with leaking laterals on private property, animal waste and boaters who dump sewage in nearshore waters.  Reef Relief Executive Director DeeVon Quirolo said the beach closings demonstrate the need for the Keys to continue plans to build central sewer systems and stormwater systems. In Key West, the improved sewage system has resulted in an increased flow of untreated stormwater into nearshore waters, she said.  "It's the other half of the equation," she said. "Big rains, lots of stormwater without pretreatment or filtering going directly into our nearshore waters: It's a recipe for disaster."  Also, the beach closings show why Reef Relief and others interested in the Keys marine environment pushed for a no-discharge zone throughout the Keys, which goes into effect June 19. 
Copyright  © 2002  Keys news  All rights reserved.

Sinkhole Opens Up on Busy Interstate 4 in Lake Mary
A 10-foot-deep sinkhole opened up on busy Interstate  4 during the morning rush hour Wednesday, forcing a traffic backup that stretched five miles. The sinkhole forced two of the three westbound lanes on the highway at the  Lake Mary entrance to be closed, said Lt. Chuck Williams, a spokesman for the Florida Highway Patrol.  Lake Mary is located about 15 miles northeast of downtown Orlando. I-4 is  the main highway through central Florida, connecting Orlando with the Tampa Bay area on the state's west coast and Daytona Beach on the Atlantic Coast.  Department of Transportation crews worked to fill the 15-foot-wide hole with limestone and paved it over. No cars were damaged and no one was injured from the sinkhole, which opened about 6 a.m. A geologist was called to determine whether the hole will continue to grow. "I certainly hope it's done collapsing," Williams said. Dry weather can cause sinkholes by lowering groundwater levels, making the sand and hole-ridden limestone that underlies nearly all of central Florida more likely to settle or even collapse. A high water table can do the same thing by saturating the ground and weaking the roof structure of near-surface caverns.
Copyright  © 2002  Tampa Tribune  All rights reserved.

28-May-02

County may secure grant to monitor pollutants entering waterways 
Lee County could soon secure a $250,000 federal grant for water quality monitoring projects to measure the amount of pollutants entering local rivers and bays.   The grant would come from the U.S. Environmental Protection Agency and would be used to monitor water pollutants from both public and private projects. "We want to test storm water management systems that are put in for land development to determine how efficient they are in removing pollutant loads," said Roland Ottolini, Lee County's natural resources director.   The issue stemmed from the planned Alico Road widening project, which would also require widening the Briarcliff Ditch in San Carlos Park. The widening project is already two years late, according to the county's scheduling.   Though permits are issued by the U.S. Army Corps of Engineers, the EPA also conducts a review. When the county agreed to hire a consultant and create a comprehensive plan for water resource and water quality management in January, EPA officials said they'd drop their opposition to the permits.   The county recently agreed to construct a $3 million filter marsh near the headwaters of Ten Mile Canal to get permits for the widening of Alico Road and Briarcliff Ditch, which drains a large area that includes Southwest Florida International Airport and the rapidly developing area around Florida Gulf Coast University. EPA officials weren't available for comment, but Pete Winton, spokesman for the Lee County manager's office, said county officials are optimistic the grant will be awarded.   "Our public works departments have forged a much stronger relationship with EPA over the last 18 months," Winton said. "We're past the stage of launching missiles at each other."   Ottolini said the county will use the money to measure pollutant loads in water before it enters storm water management systems and after it leaves on route to local rivers and bays.   Data collected from the monitoring could be used in future land development decisions and rules. Information and water-cleansing techniques used in other parts of the country might not apply in Southwest Florida, Ottolini said.   "I'm not sure it's practical to use nationwide standards because our hydrology is different and the whole system might be different," he said.   Ottolini said EPA provided the county with a staff point person to deal with during the grant application process. He said the money could be secured in the next few weeks.   "We're going to meet real soon and try to wrap things up," Ottolini said. 
Copyright  © 2002  Naples News  All rights reserved.

 

 

Smartweed's proliferation viewed as beneficial to lake  
Nobody expected it, but they probably should have. They don't call it smartweed for nothing. Smartweed is a plant - actually two species among 17 called smartweed - that is taking over vast areas of Lake Okeechobee. High waters that killed off thousands of acres of other aquatic plants left an opening that smartweed capitalized on in a big way.   The emergent water plant has grown into vast, dense monocultures even airboats can't penetrate - one of the reasons aerial herbicide spraying will be used to attack water hyacinths surrounded by the new growth, according to Mike Bodle. Bodle is the South Florida Water Management District's project manager for weed treatment on Lake Okeechobee. "It's incredible, to the point that some of my coworkers who have been out on the lake are saying, 'I'm wondering if we should be treating smartweed.'"   By all accounts, however, smartweed is a beneficial native species.   "It's a good plant," said Karen Estock, who oversees the U.S. Army Corps of Engineers weed treatment on the lake.   "It's great habitat for fish," said John Barnes, an Okeechobee fishing and hunting guide. The plant roots in the bottom and leaves enough space between stems for small fish to comfortably swim through. The tops create a dense canopy. Barnes said he is seeing blue-wing and greenwing teal on the lake this spring and summer for the first time, thanks to the smartweed.   "They call it duck candy," Barnes said of the plant's white flowers. He believes the teal have not migrated to South American breeding grounds because they can't resist their newfound confection.   Barnes' only complaint is that smartweed - a plant that formerly was an unnoticed background species on Okeechobee - now grows too thick to fish in.   "It's probably one of the most abundant plants in the marsh right now," said Chuck Hanlon, a senior environmental scientist for the water district who helps map the lake's vegetation communities.   "It's coming in heavily in areas that were burned that were once cattail," Hanlon said.   Cattail, which also got hit by freezes and drought, is a plant with debated ecological value, due to its propensity for growing into impenetrable monocultures. So lake managers aren't unhappy about smartweed's success.   "I know it has a value to wildlife," Hanlon said. 
Copyright  © 2002  SW Florida News Press  All rights reserved.

 

Plant spraying in lake is a Big O-no for many 
Some fear adverse effects from chemicals 

WATER WAR: Jeremy Patterson, an aquatic technician with Applied Aquatic
Management Inc., sprays selected weeds among the native Lake Okeechobee
grass called smartweed, also known as "duck candy" to the local fishermen.
CHOPS HANCOCK/Special to The News-Press 

It's war on Lake Okeechobee.  In battles on two fronts, including naval and air operations, the U.S. Army Corps of Engineers and the South Florida Water Management District are blasting the enemy with everything they've got - Arsenal, Weedar 64, Reward and Roundup. The weed- control chemicals are causing reactions the agencies didn't intend.   Anglers, lakeside businesses and even other state agencies aren't altogether happy with the Big O war on water plants.   The controversy is not without irony.   Two years ago, the Corps and water district ordered an emergency lowering of the lake to save its vegetation. The draw down was a desperate effort to bring back more than 10,000 acres of underwater and  emergent plants - the base of the lake's ecosystem and its $450 million-per-year recreational value. The vital vegetation had been killed by years of excessively high water levels.   Now both agencies are spending about $1 million per year to get rid of water hyacinths, water lettuce and torpedograss.   Those efforts really rankle in some quarters.   "I would like to see a prohibition put on it until a game plan can be made to manage it in some smart way," said Ben Heifner, who travels from Cape Coral to fish the lake two to three times a week.  "There needs to be something structured about what they're doing and the way they're doing it. I don't know that we can live without some sort of weed control.   "What they fail to realize is that underneath the hyacinth is the brood grounds for everything that breeds in that lake. That's where the little fish grow, and if they don't have it the little fish can't grow because they can't hide from the predator fish," said Heifner, a 50-year veteran of Florida fishing.   Karen Estock is all too familiar with Heifner's complaints.   She has been on the job five years as chief of field operations for the Corps' South Florida Operations Office.   "No matter how you explain the rationale behind spraying, there are some very avid lake users that are against this program," Estock said.   That is the case despite the water hyacinth's reputation as the world's worst weed.   Dense floating mats of hyacinth rob the water of oxygen in three ways - by stopping natural aeration between air and the water surface; by blocking photosynthesis by algae and underwater plants that actually pull oxygen from the water under low-light conditions; and by contributing to organic buildup on the bottom, where bacteria take up the available oxygen. 

Copyright  © 2002  SW Florida News Press  All rights reserved.

 

 

Law could stifle voices aimed at developers
A new law creates funding for Everglades restoration, but environmentalists aren't celebrating. The reason: It includes a controversial amendment that might limit whether citizens can challenge permits for developments, mines and industrial plants.  No one, however, is sure what the effect might be. Some environmental groups say the amendment will keep voices for conservation from being heard, and others say it's no big deal. Environmental attorney Tom Reese of St. Petersburg said: "The law is so poorly written that I don't know what it really says."  The measure, signed into law by Gov. Jeb Bush, says that some people no longer have the right to file formal protests against developments applying for permits. Part of the law specifies that a nonprofit group filing the protest must be a Florida-based corporation, formed at least one year in advance with a mission to protect the environment, and have at least 25 members living in the county where the challenged development would be.  That could eliminate traditional organizations such as Earth Justice and the Sierra Club from objecting to a permit.  The controversial measure started with a Seminole leader who opposed a developer in North Florida.  Bobby C. Billie, spiritual leader for the Independent Traditional Seminole Nation of Florida, was against a development near St. Augustine because of archaeological sites on the property.  The Sierra Club, which also opposed the development, was successful in getting it modified, but Billie's opposition drew the attention of of Sen. Jim King, R-Jacksonville.

Copyright © 2002, OrlandoSentinel All rights reserved

27-May-02

Atlanta's Growing Thirst Creates Water War

It has all the elements of a classic regional water war, pitting developers against environmentalists and state against state. Yet this battle is gripping not the parched Southwest, but the normally verdant Southeast, in a sign of future clashes around the country over an increasingly limited supply of fresh water.

Robin Nelson for The New York Times

Atlanta and its swelling suburbs, still ballooning with growth, rely for nearly all their water on the Chattahoochee River, a relative trickle of a waterway that is the smallest to supply so large an American city.  Until now, that dependence has not been a problem. Even in the last 10 years, as greater Atlanta's population soared nearly 40 percent, the withdrawals from the Chattahoochee have kept pace, with more than 400 million gallons now sucked from the river and a reservoir every day, helping to keep countless suburban lawns green.  But for the first time, Atlanta is being forced to admit that the current pattern cannot be sustained. That theme is at the heart of a dispute among Georgia, Alabama and Florida about dividing water rights for the next half-century, and it has left Atlanta to ponder what to do when its share of the Chattahoochee runs out.  With a June 17 deadline approaching for the governors of the three states to reach a deal, the dispute pits the growing thirst of Atlanta against the needs of downstream regions, including Apalachicola Bay, a pristine estuary on the Gulf of Mexico in Florida.  

Copyright  © 2002  NY Times online  All rights reserved.
 

Editorial: Lee must manage its own water: Local board would pay more attention to area's needs
 Whatever the structure or name, Lee County needs its own water management board. That board would be subordinate to the South Florida Water Management District. We share key resources with East and Central Florida, and management needs to be coordinated - but with more attention to our needs here.   Some have suggested that Lee County needs a basin board, similar to the Big Cypress Basin Board, a subdivision of the water management district that regulates Collier County water. Others say just as much could be accomplished by an advisory board, without the legislative red tape and costly bureaucratic duplication a basin board would involve.   These and other options are being explored by an excellent grass-roots organization, the Southwest Florida Watershed Council. This organization of groups and individuals has been working for a year and a half to come up with recommendations, expected this August or September, for Lee County commissioners.   The council seems certain to recommend creating some sort of local entity, or perhaps the expansion of the Big Cypress Basin Board to include Lee County.   Something of the sort is needed. The sprawling, 16-county water management district, based on the East Coast in West Palm Beach, has responded in recent years to demands for more attention to Southwest Florida interests. The district's Fort Myers service center has an able if undersized staff. Chairwoman Trudi Williams and member Hugh English are strong Southwest Florida voices on the governing board.   But this area needs its own entity to present local concerns to staff and to the district governing board in West Palm. We need a collective voice.   Releases from Lake Okeechobee into the Caloosahatchee River are a recurring sore point. Enormous freshwater discharges into the river two years ago upset ecological balances throughout the river's system. The river has been managed for years as a convenient sewer when interests in other parts of the district needed less water, then starved when they needed more.   Minimum flow levels for the Caloosahatchee, recently adopted by the state, are alarmingly low. Research and other resources are being bled away from the water management service center here to deal with Everglades restoration, itself a program in which our region has been under-represented.   If you are interested in this issue - and you should be - get involved with the watershed council. It is one way to start better asserting our interests in the management of one of our basic resources.Copyright  © 2002  Fort Meyers News Press  All rights reserved.

New fans for Lake O   

It's a cool February day. Two people on horseback trot on the outside    track atop the 35-foot-high Herbert Hoover Dike that surrounds the lake.  In the center, several bikers, a few rollerblading teenagers and  a father pushing a baby stroller are on the 12-foot-wide sand-colored   paved section. Hikers walk along the unpaved shell-rock trail closest    to the lake. They are what the lake has needed: Caring constituents to go with the business people whose livelihoods depend on the lake's health. If there is a way for them to enjoy views of water, woods and wildlife as they gallop, pedal and stroll beside this beachless, shoreless lake, they will speak up to protect it when the politicians who control its fate try to do it wrong. That's the theory, anyway, and it could work. The trail is in the news because Martin County's Metropolitan Planning Agency has written Gov. Bush questioning the environmental impact of the asphalt portion of the trail, the responsibility for maintaining it and its possible impact on the dike's stability.
Copyright  © 2002  Palm Beach Post  All rights reserved.

 

Lobbying groups look to direct Everglades money to Southwest Florida 

When it comes to getting government money, private industry has long turned to lobbyists. The situation is no different for government agencies trying to get a piece of the federal pie for the Everglades restoration. A group of local scientists and representatives from various government agencies have formed a team that will prioritize Everglades projects in this region and ask the state and federal government to fund the work. Everglades restoration is a 30-year, $8 billion project that's expected to restore South Florida to a more natural state. The Southwest Florida Regional Coordination Team will meet for a start-up workshop next month. The group is the brainchild of Wayne Daltry, former director of the Southwest Florida Regional Planning Council and recently appointed Lee County Smart Growth director. The regional team is made up of two smaller groups, one with ties to the Big Cypress and Estero Bay areas and a second that centers around Charlotte Harbor and the Caloosahatchee River. Lisa Beever, director of Charlotte Harbor National Estuary Program, said the groups will meet June 24 at the Regional Planning Council office in North Fort Myers. The group's goal is to identify restoration and research projects for funding through the Comprehensive Everglades Restoration Project.

Copyright  © 2002  Naples News  All rights reserved.

 

26-May-02

Florida's Water Crisis

Two big towers soar above the booming, south Lake County community of Clermont.

The shorter of the two landmarks holds the city's water. The taller tower advertises itself as a beacon for growth.

The Clermont skyline reaffirms a basic article of faith inspiring more than a century of human development in Florida: Growth is bigger than water.

Copyright  © 2002  Orlando Sentinel  All rights reserved.

 

 

17-May-02

Opinion

Robbing from the people, giving to big business

How perfect. How perfectly perfect. The epitaph of the 2002 session of the Florida Legislature is this:    Tax breaks for corporations, and the heck with the citizens.  That is the official policy of the state of Florida.

The policy of this state is that the Legislature will raise taxes on parents who are buying their children shoes, and socks, and shirts, and pants, so that the corporations of Florida can still get a fat tax cut.  As one of its final acts, the Legislature killed the late-summer "sales tax holiday," which is a tiny crumb of mercy it has tossed the citizens for these past four years. One purpose of the tax holiday was to give parents a break in buying back-to-school clothes.  You say that getting rid of a tax break for shoppers and the parents of Florida is not a tax increase? Yes, it is, by the Legislature's own definition. People will be paying more than they were paying before. That is a tax increase.  For parents.  But, by gum, not for corporations.  The Legislature made sure, above all other priorities, to cut the state's corporate income tax by $262-million.  The excuse is that robbing the state treasury will increase "investment."  In other words, it is trickle-down theory, yet one more tiresome time. The governor's father once called it "voodoo economics." This is not "conservative."  We passed "conservative" a long time ago. We are at the point that the Legislature trips over itself to do whatever corporate Florida tells it to do -- even if it is openly hurtful to the citizens. Even if it is an election year.  That is not an exaggeration. This year's Legislature seemed to boil over with almost open hostility, even contempt, for the average citizen's ability to oppose special interests:    It gutted the citizens' ability to oppose environmentally harmful   projects. We do not have to be alligators to have a stake in the   Everglades.    It voted to jack up monthly telephone rates on millions of Floridians,   because the telephone companies told it to. The governor vetoed it.    It tried to create phony "health insurance" for employees that wouldn't   cover a lot of things. At one meeting, only insurance lobbyists were   allowed to testify; citizens were gaveled down.    It created a "price tag" requirement that lets the government try to   defeat citizen petitions on the ballot, by including a government-created   cost estimate.    It stole money from the Preservation 2000 trust fund for other purposes,   breaking a promise to the citizens that the money would be used for land-buying.

Rapid growth may mean changes for transit planning groups
Pundits, prognosticators, planners and politicians have for years predicted Southwest Florida would become one long, urban corridor along U.S. 41 all the way from Fort Myers to Naples.   They were right. The urbanized corridor that follows U.S. 41 in Lee and Collier counties now stretches for just over 50 miles, all the way from North Fort Myers to Belle Meade, U.S. Census data shows.   When the 2000 census gathered population data there remained a short piece of the U.S. 41 corridor, that part between the Estero River and Coconut Road, that was not urbanized. That area's since filled in to reach the 500 permanent residents per square mile the census defines as "urban." The population growth in Southwest Florida has been so rapid the 2000 census numbers - the most recent data - are already way out of date. While no concrete jungle has sprouted in Estero, the homes that were under construction when the counting was done are now occupied. Lee County Metropolitan Planning Organization planning coordinator Glen Ahlert said that's all it took.   "That gap's filled in now," he said.   Eighty-eight percent of Lee County's population lives in areas defined as urban, according to Bob Diogo, a planner crunching the census data for the Lee County MPO and the Southwest Florida Regional Planning Council. If that sounds like a heavy percentage, he said, look south of the county line. In Collier, 90 percent of the population lives in the urban area.   Growth patterns pushing ever farther south from Lee County has led to South Lee and Naples being joined into one and the renaming of the other major urban area in Lee.   The Naples Urban Area, after the 1990 census, stopped at about Naples Park. After the 2000 census, the urban area was extended north all the way to Coconut Road in Estero and renamed the Bonita Springs-Naples Urban Area. Copyright  © 2002  Naples News  All rights reserved.

Letter to the editor:

Injection-well storage hardly an untested idea

The editorial "New look at Everglades deserves a hard look" (May 3), claimed that storage in underground wells is "untested science," which is not true. Arnold and Bears Well Drilling Inc., using water from the C-18 canal in the 1960s, conducted testing of aquifer storage. As a Florida Department of Health inspector at the time, I came across workers constructing the well. The test project was conducted for the (then) Florida Department of Natural Resources to test the practicality of freshwater storage in the brackish Floridan Aquifer. The idea of storage was first developed by the U.S. Geological Survey. The brief test report (one page, as I remember) indicated that the fresh water did form a discrete, recoverable bubble on or in the brackish water of the deep aquifer.  While I agree that Chris McVoy's book may prompt adjustments or revisions to the restoration plan, I would suggest that the editors do their own research before maligning a worthwhile undertaking. Try looking for solutions instead of fabricating problems. Since there is no other system as complex as the Everglades, we are cultivating new ground and could make mistakes, but let's use the science we have. Copyright  © 2002  Palm Beach Post  All rights reserved.
 

Letter to the editor: One of the best farm bills ever
Recent editorials, including the Sun-Sentinel's on May 7, have been universally biased against the farm bill, criticizing Congress for giving too much money to commodities and for not imposing a more stringent cap on payments.  It seems the nation's newspapers all have been reading from the same press release. Some groups are mad because they didn't get everything they wanted. But, overall, this is an extremely good bill -- one of the best farm bills ever. It provides a good safety net for commodity growers, provides more funding for conservation than any other single piece of legislation in history, earmarks significant funding for conservation on "working lands," acknowledges that vast opportunities for conservation on the nation's ranches and pasturelands, has a strong nutrition program, provides support for specialty crops and, for the first time, includes a section on energy, with an emphasis on products that can be produced on the nation's farms and ranches to provide renewable, domestic sources of energy.  Another big victory for Florida producers and American consumers is the country of origin labeling (Sec. 1001). This provision mandates that imported food be labeled to the ultimate consumers as to its country of origin beginning in September of 2004. Since literally every consumer item we buy is already labeled, why not our food? Do not rush to judgment so quickly. Copyright  © 2002  Sun-Sentinel  All rights reserved.
 

 

16-May-02

A Yellow-Shirted Crowd Hails Green Achievement
County commissioners looked out on a sea of yellow T-shirts
Wednesday - and smiled. There were no statistics to be shared or impassioned pleas to be made. Members of Save Our Bays, Air and Canals, an environmental watchdog group that sprang up 2 1/2 years ago, already knew they would get what they came for: the Ellsworth G. Simmons Good Government Award.  ``We're happy to see all the yellow shirts here this morning,'' said commission Chairwoman Pat Frank, shortly before presenting the award to SOBAC President Joe Marzilli and Vice President Jay Tsultim.  SOBAC is best known for protesting a desalination plant and a sulfur- melting facility near Apollo Beach. Both projects were approved, but Frank said the group pushed government and industry to add environmental safeguards to the permits. Bob Bettis, founding SOBAC vice president, examined a polished wood plaque etched with the face of the late Simmons, a former longtime county commissioner from Ruskin credited with spearheading major improvements for Hillsborough. The plaque, with SOBAC added to the list of recipients, will remain on display at the Fred B. Karl County Center.  ``We're in good company,'' Bettis said. Past honorees were former state lawmakers Malcolm Beard and James Redman; state Sen. Tom Lee; the late Nettie Draughon, former Plant City manager; and retired congressman Sam Gibbons.  The award was created in 1996 to recognize individuals or groups that have helped improve government. Michelle Henry, Simmons' granddaughter, said the south county patriarch ``would be very, very proud of this particular organization.''  JB Canterberry, SOBAC's first president and a chemist, said he was pleased with the recognition, but he plans to keep testing the waters around Apollo Beach.  If signs of pollution arise, ``we will start making a lot of noise,'' he said. Copyright  © 2002  Tampa Tribune  All rights reserved.

 

Boaters to Appeal Manatee Zones in Brevard County
Boaters and officials from two cities have filed challenges to slow-speed manatee zones in Brevard County.  A group of Merritt Island boaters and the cities of Cocoa Beach and Titusville filed appeals with the Fifth District Court of Appeal in Daytona Beach.  They have 70 days to state in writing why the zones, designed to protect the slow-moving marine mammals from boats and their propellers, should be stopped.  "It's going to hurt people and not going to help the manatee," Merritt Island boater Daniel Dvorak said of the zones. The challenges are the latest legal maneuver in a long battle pitting the boaters and two cities against the state and Save the Manatee Club. Boaters want to block the slow-speed zones the state approved last spring throughout Brevard.  The Florida Fish & Wildlife Conservation Commission-approved zones run along 500-to-1,000-foot wide swaths in the Indian River Lagoon. Other slow zones include Sykes Creek, the Barge Canal and several popular water-skiing areas.  The boaters and cities argued last fall the state used faulty science to justify the zones. But on April 17, Administrative Law Judge Fred Buckine upheld the zones.  Titusville City Attorney Dwight Severs said Buckine's ruling ignored the city's arguments.  "The law requires certain evidence and proof in order to impose restrictions," Severs said. Copyright  © 2002  Tampa Tribune  All rights reserved.

Editorial: 2020 funds must go to land buys Diverting money to maintenance costs would be mistake
Lee County's highly successful Conservation 2020 land-buying program should continue to devote 90 percent-plus of its spending to land acquisition.   Maintenance of the land will be important eventually, but should not be a higher priority now.    With land increasing in price and being developed rapidly, the pressing need is to get as much of it as possible into conservation ownership as quickly as possible.   Conservation 2020 is backed by a tax approved by voters in 1996 to buy, protect and restore environmentally sensitive or critical land. Under the program, $48 million has been spent on more than 7,600 acres. Voters are to decide in 2004 whether to extend the program, which we hope fervently they will. In the meantime, the 2020 advisory committee is set next month to discuss changes - if any - they will recommend to the county commissioners for the extended program.  One suggestion is to double the proportion of revenue devoted to maintenance from 10 percent to 20 percent. This would be a mistake, a misallocation of money badly needed now for land acquisition, which is only going to get more expensive.   Maintenance and restoration of these natural lands, as well as providing limited, low-key facilities for human use, is essential. Exotic plants and animals, for example, need to be controlled. Passive recreation, consistent with preserving the natural resources of 2020 land, will cement public support.   But for now and the next several years, devote the maximum effort to land acquisition.   Backers of Conservation 2020 have had to fend off several attempts to raid this juicy fund for other purposes. It's important to keep things focused on the program's original purpose and strategy, now and in the future. Copyright  © 2002  Fort Meyers News Press  All rights reserved.

Law to pump millions into Everglades
The governor quietly approves a political hot potato that divided environmentalists.
Gov. Jeb Bush on Wednesday signed a law providing critical  funding to restore the Everglades, but he didn't travel to the River of  Grass for a photo opportunity, the way governors usually do.  Instead, he delivered the news late Wednesday via e-mail, tucked at the end of a long list of other signed bills.  The below-the-radar approach shows how politically dicey the Everglades bill has become at a time when the governor is running for a second term. Attorney General Bob Butterworth and thousands of environmentalists asked the governor to veto the bill because of a controversial provision they say makes it more difficult for citizens to challenge development.  Bush disputed that argument in a letter he wrote explaining his action. He said the provision will have "minimal impact" on citizen rights, an assertion development attorneys agree with, and many environmental attorneys do not.  Bush's letter said the bill "once again demonstrates the commitment of the State of Florida and her citizens to protect and restore the Everglades ecological system." The new law will have an enormous impact on a giant public works project to restore Florida's most famous marsh. It will create a bonding program worth $100-million a year, money that will be matched by federal dollars. The money will help buy land and pay for studies, earth-moving equipment and hardware to undo a decades-old flood control project that the U.S. Army Corps of Engineers constructed when America thought the Everglades should be drained. Bush's letter noted that he had the support of many of the state's most prominent environmental groups: Florida Audubon, 1000 Friends of  Florida, the Florida Wildlife Federation, the Trust for Public Land, the Nature Conservancy, the Everglades Foundation and the World Wildlife Fund.  Some of the leaders of those groups said privately that they hated the new law on citizen legal standing, but publicly supported it because the Everglades project needs the funding.  Some 100 other grass-roots groups opposed the bill. They included the Sierra Club, Republicans for the Environment, the League of Conservation Voters and the Save the Manatee Club.  The Everglades Coalition, an umbrella group of about 40 organizations, was split nearly down the middle, said co-chairman Frank Jackalone. Half of the groups urged the governor to sign it for the good of the Everglades; the other half urged him to veto it and call the Legislature into special session to pass a clean version of the bill.  Butterworth, a Democrat, sent Bush a letter on Wednesday urging a veto because the bill "would silence the people's voice in the arena of environmental protection."  The law allows only people who can prove they are personally affected by  aproject to file a challenge. Similar legislation on citizen standing failed during the past three years. Read More...Copyright  © 2002  St. Petersburg Times  All rights reserved.

Golden Gate Estates landowners attack land bank plan
A packed room of outraged Golden Gate Estates landowners stormed a neighborhood park Wednesday night wondering why state officials are in pursuit of wetlands that directly impact residents.  "They want to take away our property rights," said Ralph McKeller who showed up with wife Linda. "We moved out here so we can have peace and quiet. We saved all our lives for this. This is a land grab."  McKeller was among an estimated 150 Golden Gate Estates landowners who toted protest signs or American flags at a Golden Gate Estates Area Civic Association meeting to show their disgust over a proposal submitted to the Florida Department of Environmental Protection by the Collier Soil and Water Conservation District.  The landowners oppose a plan by Soil and Water to create a 7,020-acre tract in northern Golden Gate Estates that could be used as land bank - called the Regional Offsite Mitigation Area - for single-family home builders whose new homes destroy wetlands elsewhere in the estates.  The 2½-hour meeting was led by Collier County Commissioner Jim Coletta who allowed various state and local representatives to discuss the issue at hand. That was followed by a question-answer format from the rowdy audience. One of them was Michael Ramsey, chairman of the Soil and Water Conservation District.  "What we're doing is any person who wants to build their single-family home had to get evaluated for wetlands," he said. "If DEP decides there's wetlands, you have to come up with some money to offset the cost.   "Every time a person builds a new home, we'll buy an acre or some other quantity and build an ecological part so that we give back to the community."  Those words did little to appease a confused and angered public. Some, who own land in the Estates, took off from work and drove from their home in Miami-Dade to attend the meeting. Others labeled the proposal as a way to shatter dreams of home ownership and retirement for landowners who hope to build in the ROMA.  "This is an outrage," said Nora Morales who owns property in the Estates  off Everglades Boulevard. "The way I see it is that they want to take our homes. With (ROMA) you're not allowed to have animals or cut the lawn or anything because it needs to be a protected area. What kind of living is that?"  Maria Rodriguez, who drove from her Miami home and owns land in the Estates, said the state was hiding information from the public and violating their rights.  "The bottom line is that there's a whole lot of cash involved in this whole thing and DEP is behind it all," she said. "  Rick Cantrell, DEP director for South Florida, tried to explain the issue but was booed and shouted down.  "The Collier Soil and Water is proposing a ROMA to have it for single-family development to provide a site for mitigation when it is required," Cantrell said. "Mitigation is becoming increasingly expensive and this would facilitate things for property owners." But the crowd didn't buy it.
 Copyright  © 2002  Naples News  All rights reserved.

Everglades Bill Limits Challenges Of Permits
Gov. Jeb Bush signed a controversial Everglades restoration bill Wednesday that will limit the rights of citizens and environmental groups to challenge state environmental permits. The bill allows the state to borrow up to $100 million a year for eight years through bond sales. The money will be used to buy 100,000 acres in the Everglades wilderness.  Senate Majority Leader Jim King, R- Jacksonville, added language on the last day of the legislative session that changed how citizens get legal standing to challenge state environmental permit decisions.  King's amendment spurred 100 environmental groups, including the Sierra Club and Save the Manatee Club, to call and e-mail the governor's office, urging him to veto the bill.  ``He [Bush] has shown he cares about the home builders and developers more than he cares about the citizens,'' said Susan Caplowe, a lobbyist for the Sierra Club. Other conservation groups, including Audubon of Florida, the Florida Wildlife Federation and the Nature Conservancy, applauded Bush for signing the bill. They said the law gives some assurance the state will come up with money to buy land for the restoration.  ``This is a way that makes [Everglades restoration] compete less with  other state priorities because you spread the cost out for 20 to 30 years,'' said Eric Draper, lobbyist for Audubon.  The restoration is a state- federal project. But Washington won't send its share, Draper said, until all 150,000 acres needed for the restoration are purchased. The state has so far purchased a third of that.  ``This sends a message to Congress that they can start opening their bank accounts, we can get the land bought and get the Everglades fixed,'' Draper said.  But most environmental groups wanted Bush to send the bill back to the Legislature during the special session and demand a ``clean bill,'' stripped of King's amendment. They said the new law limits rights granted to citizens through the 1971 Environmental Protection Act to challenge state permit decisions.
Copyright  © 2002  Tampa Tribune  All rights reserved.  

 

Editorial: Collier County Commission Public will watch to see if board keeps promises
In the wake of Tuesday's heavily hyped Collier County Commission meeting, with growth management matters topping the agenda, the public is looking for what it all meant.  What has changed? Nothing, yet. Here is what the commissioners did: They rejected a call for a November referendum on true concurrency - having roads and utilities in place in advance of further development so growth doesn't choke the quality of life for the rest of us. Commissioners promised to take action on their own.   They mapped plans for mini moratoriums on parts of three gridlocked roads in high-growth areas, and froze development off Pine Ridge Road on Whipporwill Lane until a utilities plan is in place.

Good for the commissioners.

Next comes the big "if." We'll see if the development industry's support for the non-referendum option holds up when push comes to shove and a project wants to get a head start as growth has been allowed to do on Pine Ridge, Immokalee, Livingston and other key roads.   Duly noted were comments from one development consultant at the same Tuesday meeting challenging both the commissioners' traffic growth blockage for the Vanderbilt Beach Road west of U.S. 41 and the notion of checkbook currency to track service capacity.   Meanwhile, commissioners proceeded with a project approval method that front-loads developers' plans for approval, by issuing a conceptual OK before sending the plans for state review, then considering their hands tied because Tallahassee has signed on. It recalled the clash of purposes in 1999, when four commissioners voted in favor of a golf community straddling the urban boundary on the same day that colleague Pam Mac'Kie was representing them and developers in Tallahassee, arguing that a state crackdown on precisely such anything-goes development was not needed.

What's changed? Nothing, yet. Time and action will tell. Copyright  © 2002  Naples News  All rights reserved.

Everglades Bill Limits Challenges Of Permits
Gov. Jeb Bush signed a controversial Everglades restoration bill Wednesday that will limit the rights of citizens and environmental groups to challenge state environmental permits. The bill allows the state to borrow up to $100 million a year for eight years through bond sales. The money will be used to buy 100,000 acres in the Everglades wilderness.  Senate Majority Leader Jim King, R- Jacksonville, added language on the last day of the legislative session that changed how citizens get legal standing to challenge state environmental permit decisions.  King's amendment spurred 100 environmental groups, including the Sierra Club and Save the Manatee Club, to call and e-mail the governor's office, urging him to veto the bill.  ``He [Bush] has shown he cares about the home builders and developers more than he cares about the citizens,'' said Susan Caplowe, a lobbyist for the Sierra Club. Other conservation groups, including Audubon of Florida, the Florida Wildlife Federation and the Nature Conservancy, applauded Bush for signing the bill. They said the law gives some assurance the state will come up with money to buy land for the restoration.  ``This is a way that makes [Everglades restoration] compete less with  other state priorities because you spread the cost out for 20 to 30 years,'' said Eric Draper, lobbyist for Audubon.  The restoration is a state- federal project. But Washington won't send its share, Draper said, until all 150,000 acres needed for the restoration are purchased. The state has so far purchased a third of that.  ``This sends a message to Congress that they can start opening their bank accounts, we can get the land bought and get the Everglades fixed,'' Draper said.  But most environmental groups wanted Bush to send the bill back to the Legislature during the special session and demand a ``clean bill,'' stripped of King's amendment. They said the new law limits rights granted to citizens through the 1971 Environmental Protection Act to challenge state permit decisions. 
 Copyright  © 2002  Tampa Tribune  All rights reserved.  

Clamping down Reclaimed water has caught on so widely that meters and limits may loom.
Many folks hesitated decades ago when reclaimed water was introduced as a way to irrigate lawns without draining precious drinking water supplies.  They worried about the smell. They wondered whether it would harm them, or their plants.  As recently as 10 years ago, for example, the Hillsborough County government had to pay developers and golf course owners to use reclaimed water.  Now, some 32,822 residents irrigate with reclaimed water in the 16 counties overseen by the Southwest Florida Water Management District. Hillsborough alone has 7,000 reclaimed converts and a three-page waiting list for those who want it. St. Petersburg recently limited reclaimed water to three days a week because its 10,000 customers are overtaxing the system.  Why the change? In an area plagued by persistent drought, reclaimed water has grown immensely popular for two reasons: It is inexpensive, and for many residents, unmetered.  Some residents pay as little as $6 a month for all the reclaimed water they can use.  But the days of cheap water might soon be over.  Reclaimed water has become a hot commodity, and the Southwest Florida Water Management District now wants people to pay more for it and use less so the demand can be met.  "There's a paradigm shift," said Kathy Scott, a conservation program manager with Swiftmud. "We're looking at reclaimed water as a resource that needs to be used efficiently.  "We noticed how when reclaimed water is available to customers, they use about four times more than they need, because all of a sudden they don't have restrictions, and it's cheaper. We're simply asking that they use less," she said.  
Copyright  © 2002  St. Petersburg Times  All rights reserved.

15-May-02

Commissioners make room for technology parks, North Naples development in growth plan
After moving forward on building moratoriums Tuesday morning, Collier County commissioners made changes to the growth plan in the afternoon that pave the way for more development and weaken the county's ability to reject developers' projects.  In one case, a growth plan change increases the potential density of 22 acres in North Naples from four units per acre to up to 15 units per acre.  Approval of a growth plan amendment does not mean commissioners have approved the project. It does, however, strengthen the developers' position when they return to commissioners seeking site plan approval or a rezoning.  County staff usually recommends proposed developments that comply with the growth plan and Land Development Code. And county attorneys often tell commissioners that turning down projects that comply with the growth plan and land code exposes the county to lawsuits. The county's Land Development Code deals with development specifics. The growth plan deals with general areas for land uses.  The state requires counties to come up with growth plans that spell out where and what kind of development is to take place. The plans are monitored by the DCA in an attempt to ensure that roads and other services keep up with growth. Commissioners began the process of adopting building bans on sections of three roads that either cannot be widened to accommodate growth or are not budgeted for improvements within the next five years.  The Florida Department of Community Affairs reviews changes to counties' growth plans. Called amendments, they need two reviews by the DCA.  Altogether, on Tuesday, commissioners made seven changes to the growth plan, including the creation of a new category of land use called "research and technology park."

Copyright  © 2002  Naples News  All rights reserved.

Antisprawl Advocate Challenges Review Committee Meeting Policy
Joe Lemieux said he will demand access to the Development Review Committee meeting Thursday.  For months he and other members of the Coalition for Anti-Urban Sprawl Efforts have tried to attend the committee meetings.  The committee gathers weekly, in private, to discuss development matters. County Commissioner Mary Aiken, among others, has said complicated development issues are better left to experts.  But CAUSE members said if they had been allowed access, they would have known early on about a Wal-Mart Supercenter proposed for the southwest corner of Spring Hill Drive and U.S. 19.  Now, after learning Eckerd Corp. will submit plans Thursday for a store near the Wal-Mart site, Lemieux said it's time to demand entry.  County attorneys said preventing public access to the meetings does not violate Florida law. And Donna Beckett, the county's site plan review coordinator, said she won't allow it.  Hernando commissioners recently asked their legal staff to look into the matter. Some said the experts-only approach might be outdated. 
Copyright  © 2002  Tampa Tribune  All rights reserved.

Bush torn over Everglades bill
Should he sign or veto the crucial funding measure -- which also   restricts challenges to development projects on environmental grounds? On the one hand, Gov. Jeb Bush wants to sign a bill this week that would pay for a billion-dollar public works project in the Everglades.  On the other, he's hearing from thousands of environmentalists, including a new Florida group called Republicans for Environmental Protection, who want him to veto it. They say it is tainted by an amendment that favors developers and limits an ordinary citizen's right to challenge damaging projects all over the state.  Bush has until Thursday to decide whether to veto the bill or sign it into law. "But for this, I could tell you automatically that I would sign the bill into law," Bush said last week.  With e-mails pouring into his office urging a veto, Bush asked his staff for a list of development permits challenged under current law.  "There's a lot of varying opinions on what this impact is," Bush said.  Environmentalists aren't the only ones opposing the change in so-called citizen standing. Attorney General Bob Butterworth opposes the bill, and so do six of the seven candidates running for attorney general. Only Republican candidate Tom Warner supports the bill because he says the Everglades portion is too important.  At issue is the 1971 Environmental Protection Act. 

Copyright  © 2002  St. Petersburg Times  All rights reserved.

Center for Ethics & Public Service to Recognize Judge Hoeveler With
Award in His Name

                                                  
                                                                                                                                   
The University of Miami School of Law Center for Ethics  and Public Service will honor Senior U.S. District Judge William M. Hoeveler with its First Annual William M. Hoeveler Award for ethics and leadership in the legal profession at a special reception Thursday, April 18, at the Federal Courthouse in downtown Miami. "The Hoeveler Award is being established by the Center to honor devotion to ethics and leadership not only in the bar and bench, but also in the civic community," said Prof. Anthony Alfieri, director of the Center for Ethics and Public Service. Read more...
Copyright  © 2002 University of Miami. All rights reserved.  

Center for Ethics & Public Service:   http://www.law.miami.edu/ceps/

 

Comments by Judge Hoeveler to Florida Lawyers Assistance 
 "I think one of the basic problems of our profession and all professions is a loss of individual spirituality. This may offend some people, but when I read about the history of this country and the way our Constitution was formed … I think about the reasons why lawyers do what they do. And for a lot of them, it is because they have no compass that is directing them. They
have no internal direction. And that's becoming more and more pervasive…. And this is something we never talk about.
Copyright  © 2002 Florida Lawyers Assistance. All rights reserved.

 

UM honors Judge Hoeveler
The University of Miami School of Law's Center for Ethics and Public Service recently honored U.S. District Judge William M. Hoeveler with its First Annual William M. Hoeveler Award.  The award was created to honor those who exemplify ethics and leadership in the legal profession. Judge Hoeveler received the inaugural award named in his honor at a special reception at the Federal Courthouse in downtown Miami.  "The Hoeveler Award is being established by the center to honor devotion to ethics and leadership not only in bar and bench, but also in the civic community," said UM Law Professor Anthony Alfieri, director of the law school's Center for Ethics and Public Service. Recently honored with the Miami-Dade County Commission for Ethics and Public Trust's ARETE award, the center also recognizes the contributions of those in the legal profession with its Lawyers in Leadership Award. 
Copyright  © 2002  Florida Bar News  All rights reserved.

Airport delay: Runway on hold
A longer southern runway at Fort Lauderdale-Hollywood International Airport has been more than 10 years in the making, but now the airport is backing up to explore other options to solve its congestion.  Airport administrators accepted a recommendation Tuesday from a citizens' task force that they investigate alternatives as the federal permitting process moves forward on the runway extension. A new study could take up to three years, potentially setting back the long-planned expansion that was to be finished by 2008. Among the ideas that could be explored are constructing a smaller second runway for the use of commuter jets and teaming with the national nonprofit Clean Airport Partnership on making the airport more environmentally friendly.  Dozens of alternatives to the longer southern runway have been studied and dismissed over the past decade, but airport administrators said the work is worthwhile, considering the level of public concern about the project and the changing nature of the area.  The move was a victory for airport expansion critics, but was  characterized by some supporters as little more than a veiled attempt to derail the plans.  The additional study would cost several million dollars and must be   approved by the county commission. "Not only from an environmental standpoint but from a financial standpoint, we need to re-evaluate the direction we are heading here," said Commissioner John Rodstrom, who leads the task force and made the recommendation.   The expansion plans call for the southern runway to be lengthened to about the same size as the current main runway so it can also handle commercial airliners, doubling the airport's capacity. But the project has faced questions in the past month from federal and state environmental agencies over high levels of noise that would be created over nearby neighborhoods, and damage to wetlands and coastal nature preserves.   County Administrator Roger Desjarlais and Aviation Director Bill Sherry said a new review would not damage the airport's chances of securing Federal Aviation Administration approval for the southern runway. 
Copyright  © 2002  Sun-Sentinel  All rights reserved.

Bush Signs Bill to Pay for Everglades Restoration
Gov. Jeb Bush signed a bill Wednesday setting in motion the purchase of land to restore the Everglades and undo a half century of artificial drainage of the massive South Florida ecosystem.  The measure authorizes the state to borrow about $100 million a year for eight years to buy the land to get the federal-state project started.  Bush's approval was applauded by Audubon of Florida, The Nature Conservancy and other conservation groups, who said the bill (HB 813) was crucial to restoring the Everglades.  "This truly is a historic program," Audubon policy director Eric Draper said. "I don't know if you can point to any place in the country where a state has committed this much money to an environmental project."  But it was opposed by several other environmental groups who had urged Bush to veto it because of an attached provision that they said would make it harder for them to challenge developers they believe are harming the environment. "We strongly supported the Everglades funding part of this bill but our attorneys interpret the language ... to have inflicted serious damage on the ability of citizens to challenge permitting decisions," said Alan Farago, co-chairman of the Sierra Club's Everglades committee.  The provision in question says environmental organizations in existence for a year and having at least 25 members living in the county where the permit is being sought can challenge projects. Opponents argue that prevents groups from forming specifically to fight projects because of the one-year provision and precludes individuals or small groups from fighting big developers.  "The bottom line is this language wipes out 30 years of citizens' rights to protect the air, land and water," Sierra lobbyist Susie Caplowe said.  But Bush said opponents had "a false interpretation" of the bill and that they would continue to be able to fight development under the law.  Bush argued that most challenges to permits are made under a separate section of law that requires only that citizens prove their "substantial interests" will be affected by the agency's decision.
Copyright  © 2002  Tampa Tribune  All rights reserved.  

 

BUSH SIGNS CONTROVERSIAL ANTI-CITIZEN ENVIRONMENTAL BILL DESPITE MORE THAN 100 GROUPS OPPOSING BILL

THREE STRIKES AGAINST GOVERNOR BUSH AS HE CONTINUES TO DISMANTLE ENVIRONMENTAL PROTECTIONS: APRIL 4 SIGNED HB715 BILLBOARDS PROLIFERATION ACT; APRIL 11, HB261 TRANSPORTATION ROADZILLAS TO NOWHERE; AND TODAY HB813 SILENCING THE INDIVIDUALS RIGHT TO PROTECT THEIR QUALITY OF LIFE. ATTORNEY GENERAL BOB BUTTERWORTH RELEASED A LETTER TO THE GOVERNOR REQUESTING VETO OF HB813. EVERGLADES FUNDING WAS ASSURED UNDER ANY CIRCUMSTANCE
 Today Governor Bush sided with the politics of exclusion when he signed HB813, a bill which provides a mechanism to fund the state's portion of Everglades restoration; however, the cost to Florida citizens goes well beyond the monetary amount that Florida politicians had earlier committed, at any rate, to pay for Florida's share of the multi-billion dollar project. The new legislation contains provisions making it even more difficult for people to challenge permitting decisions in court.

Editorial boards around the state have overwhelmingly supported a veto of HB813.

And Attorney General Bob Butterworth issued a letter earlier today to  the Governor requesting  a veto. Sierra Club was joined by more than 100 homeowner, religious, and environmental organizations across the state of Florida in opposing this bill because of its clear danger to the public interest. Groups include Republicans for the Environment, Legal Environmental Assistance Foundation, Earth Justice, Save the Manatee Club, Florida Defenders of the Environment, Defenders of Wildlife, Buck Lake Alliance, CONA Tallahassee, American Indian Movement, Tallahassee NAACP and many others. Dan Hendrickson, Sierra Club Citizen Enforcement Issue Chair in Tallahassee, said, "Citizen standing is non-negotiable. Until the very last day of the legislative session, we had been successful in stalling this toxic amendment to the Everglades funding bill we supported. But Senator King and Governor Bush finally embraced the measure that will harm all Floridians, not just Sierra Club." "The Everglades funding bill, HB813 that Bush signed into law was a Trojan Horse, representing the loss of citizen standing in the courts," said Nancy Brown, president of the Florida League of Conservation Voters in Tallahassee. In the Greek legend, the walls of Troy were breached by a gift; a large horse concealing its true purpose; a force intended to conquer the people of Troy. "In this case, the Everglades money-horse contains new legislation sought by developers who want to further minimize the ability of citizens to contest permitting decisions. The result of this bill will make government unrepresentative and special interest influence virtually impregnable," said Ms. Brown. Few environmental groups supported the effort by Senator King (R-Jacksonville) to include the standings amendment into the Everglades funding bill, claiming that securing money for the Everglades outweighed any taking of citizen rights of standing. Read More...

State's waterways cleanup gets OK; Environmentalists say fewer rivers, lakes will be helped
A judge has cleared the way for the state to work with communities to implement a sweeping variety of actions to clean up polluted lakes, streams and rivers. Administrative Judge Stuart M. Lerner backed the Department of Environmental Protection's proposed "impaired waters" rule to create scientific criteria for selecting water bodies where pollution should be reduced.  Under the rule, the state will identify water bodies that require protection and then set pollution limits. New voluntary programs and regulations may be needed to reduce pollution, DEP officials said.  "We can now get on with the enormous task before us," DEP Secretary David Struhs said.  But Linda Young, a Tallahassee environmental activist, said she may ask a circuit court judge to prevent DEP from following through.  Environmental groups had challenged the rule, saying it failed to meet  the federal Clean Water Act's requirements for cleaning up pollution. They said the rule will reduce the number of waterways the state would have to  clean up.  They worry that the Apalachicola River and Bay and Lake Talquin are among the water bodies that won't be considered because water-quality data are insufficient to meet the rule's requirements.  However, Florida's rule establishes a more rigorous scientific method than is used by other states for listing water bodies as required under the federal Clean Water Act. Other states are watching Florida closely to see how the method is implemented.  Copyright ©2002 Tallahassee Democrat All rights reserved.

14-May-02

Florida researchers: Tar, plastic plague baby sea turtles
 Up to a third of the dead baby sea turtles collected off Brevard County beaches in the past decade had tar, plastic or both in their mouths or stomachs, according to a state biologist.  "We find about half have tar and almost 100 percent have plastic in their stomachs," said Blair Witherington of the Florida Fish and Wildlife Conservation Commission. "Some of them have almost nothing but plastic."  The baby turtles are eating the tar and plastic within weeks of being born, when they journey 25 to 45 miles offshore to feed in the Gulf Stream.  The tar bogs down the turtles that survive eating it, eventually causing them to starve to death, Witherington said.  Possibly to blame are offshore vessels that spill fuel and garbage into the sea.
Analysis by researchers at University of South Florida showed the tar came from diesel fuel from ships. The tests showed it is weathered refined and crude oil like the type large freighters use.  "Most of it is from ship traffic," Witherington said. "It looks like the same stuff that squishes between your toes when you're at the beach."  Scientists have found plastic in sea turtles in recent years, but never to such a high degree of tar exposure in this region.  "The plastic wasn't a surprise. The oil was," said Anne Meylan, senior scientist for Florida Marine Research Institute in St. Petersburg.  The problem could be catastrophic for the endangered animals, Witherington says.  "These are just the ones we've found. Our guess is that the number of turtles that have died is actually in the thousands, possibly in the tens of thousands," he said.  "We're pretty sure it's a large problem."  Since 1992, Witherington has found the tarred-up baby sea turtles, mostly loggerheads, in the Gulf Stream, a few dozen miles off of Port Canaveral and Sebastian Inlet.  The percentage of turtles he's examined with tar ingestion fluctuates from year to year - from a high of 56 percent of the turtles he's examined in 1993 to a low of 4 percent in 1999. In 2000, about six percent of the loggerheads he found had tar caked in their mouths.  Witherington thinks his numbers are a small representation of a larger problem. "I'd hazard to guess that it happens all over the world," he said 
Copyright  © 2002  Naples News  All rights reserved.

 

Lawmakers shift $204 million from environment
Eager to burnish their education and tax-cutting credentials for the campaign trail, legislators looked to environmental programs for a quick cash fix and saw green -- $204 million worth.  Environmentalists were incensed that the legislature trimmed $100 million from a wilderness land buying program and another $104 million from a litany of other environmental trust funds to balance the $50.4 billion budget it approved Monday, the final day of an 11-day special session.  The House voted 81-35 for the spending plan that includes a $262 million tax deferral for Florida corporations, Florida's first-year share of a federal economic stimulus package. The Senate voted 25-11 to send the plan off to Gov. Jeb Bush.  "It basically takes money that could be used to preserve our environment and uses it to pay for the tax cut," said Eric Draper, a lobbyist for Audubon of Florida.  The budget votes capped a special session that cost taxpayers $25,000 a day. When combined with another special session last month, the tab could reach $375,000. Bush, eager to switch gears and hit the campaign trail, acknowledged that he has grown weary of the partisan squabbles that have divided the Republican-led House and Senate.  "One thing I'm telling you we're not going to be anymore is the baby sitter," Bush said. "There turned out to be a personal acrimony that made it harder to get the work done, but the work got done."  A little less than half of the environmental raid came from Preservation 2000, a $3 billion program that has rescued more than 1 million acres from the bulldozer in the past decade. Last year lawmakers stripped $75 million from the program, which uses a tax on each real estate transaction to back $300 million a year in bonds.  House leaders pledged not to go back to the same well this year, but backed down at the insistence of the Senate, which wanted more money to plug holes in the education and social services budget.  "We need to maintain the safety net as much as we can," said Rep. Carlos Lacasa, a Miami Republican who serves as House budget chairman.  The rest of this year's skimming comes from some 20 environmental trust funds, one of which pays for building boardwalks and restrooms in conservation areas. Copyright  © 2002  Palm Beach Post  All rights reserved.

13-May-02

'Marketing' of water draws fire


Whether it goes by the title ''market principles,'' ''water marketing'' or ''free market,'' when it comes to how Florida doles out its water, it still smacks of ''privatization'' to some environmentalists.  And if that's not quite a dirty word these days, it's certainly a tainted one because of its association with a corporation called Enron.  Nancy Brown, president of the Florida League of Conservation Voters, said she is concerned about a number of the 51 proposals in a conservation initiative just released by the Florida Department of Environmental Protection, but she found one in particular ``very upsetting.''  It's a cautiously worded recommendation, listed as a medium priority, to ''consider the use of market principles'' in allocating water.


MANY RAMIFICATIONS

The idea has all sorts of complicated ramifications for water law in Florida, which designates water a public resource that is allocated under the authority of the state's five water management districts to users who show a reasonable and ''beneficial'' use. Permit holders don't technically pay for water, just a permit fee and the cost of pumping and piping.  The DEP report sketches out one approach that would basically allow big water users to transfer or sell rights to water they're permitted to use but don't -- but only with approval by state water management districts and only under limited conditions.  For critics like Brown, it harkens up the last big lobbying effort to put water on the open market -- the state's brief flirtation with an Enron Corp. subsidiary called Azurix Corp. In 1999, the company pitched an astounding offer to Gov. Jeb Bush and DEP Secretary David Struhs: to pay for Florida's multibillion share of Everglades restoration in exchange for the rights to sell water from the project.  Bush had one meeting with company executives but never struck a deal. The company also tried, and failed, to get bills supporting limited water markets through the Legislature -- changes that Brown and other environmentalists helped derail. Enron has since collapsed under heavy debt and now faces allegations of price gouging during California's electricity crisis last year.  ''This is the same thing all over again,'' said Brown, who fears such steps would drive up the cost of water while doing little to discourage its use. ''How the hell does that conserve water?'' she said. ``You just sell whatyou don't use and they use it instead.''  It also would allow big users to turn a buck with a public resource.  But many private businesses, some state water managers and even some environmentalists see some potential benefit in limited free-market programs because it would set a realistic value on a resource the state desperately needs to conserve.
Copyright  © 2002  Miami Herald  All rights reserved.

11-May-02

New rules create unhappy campers
They call themselves "the eyes and ears of the Everglades" - hunters, fishers and other outdoors people who have been escaping to the swamp for years to break free of urban pressures, bag deer and duck, and relax in South Florida's sodden midsection.  The government calls them squatters. Their weekend destinations lie on pilings and pontoons in the tall grasses, and on shady tree islands: 74 hunting camps that dot almost 700,000 acres of the central Everglades.  The hideaways, dubbed Boar's Nest, Four Moons, Frog Haven, Mosquito Lagoon and Loxahatchee Hilton, range from modest cabins to more elaborate homesteads with full kitchens, air conditioning, wraparound porches and neatly mowed yards.  The camp people say they're conservationists and followers of anold-time Everglades recreational culture, retreating to longtime family gathering spots where people cook and fish, ride airboats on a veneer of water and hunt frogs under a spectacular ceiling of stars.  Some of their camps date back decades.  "These really are recreational camps used by third-, fourth-, fifth- and sixth-generation native Floridians," says one owner, South Florida developer Ron Bergeron.  People come out "to enjoy what God made," he said. "That's what these camps are all about. "But the structures were illegally built on state-owned conservation lands, officials point out. Located in western Broward and Miami-Dade counties, the buildings are sandwiched between two huge chunks of federally managed Everglades where camps are prohibited.  "You could accuse us of not properly managing the state's resources," said Fred Davis, director of land stewardship for the South Florida Water Management District. "No one stopped them." Of the 74 camps, 25 sit on state lands, 17 on water district lands, nine on private property and 23 on a swath of the Everglades that the state leased in 1982 to the Miccosukee Indian Tribe.  After ignoring the camps for decades, the state legitimized them in 1999 by passing a law by granting those existing on May 1, 1999, the right to remain in the Everglades - for another two decades.  The camp owners, many of the