Restoration of Florida's famed "river of grass" could be impacted by a Supreme Court ruling 
Photo: JASON STONE

Supreme Court Hears Everglades Case
© National Wildlife Federation

 The Supreme Court recently heard arguments in a case that could significantly impact both the Florida Everglades and water management practices across the nation.   

March 4, 2004

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Special News Sections    

    S-9 permit case before Supreme Court:  
SFWMD v. Miccosukee,
No. 02-626     

   Hon. William Hoeveler 

   Hon. Federico Moreno 

   Special Master John M. Barkett

 

  News

31-March-04

Legislature may take up water reservation issue during session
By CHARLIE WHITEHEAD
©
Naples News
The issue of how water reservations for the environment balance with water for future growth may yet be addressed through legislation this session in Tallahassee. Environmentalists, developers and now Lee County will be watching carefully to see if a bill that the Association of Florida Community Developers may propose finds state cooperation and a legislative sponsor. The bill is borne of a controversy over the Department of Environmental
Protection's effort to change a rule that would expand the list of environmental uses for which it could reserve fresh water.
Currently water use rules allow the state to reserve water for wildlife protection and for Everglades restoration. The new rule would allow reservations for aquatic preserves, Outstanding Florida Waters and state parks and public lands. It would also allow prospective reservations, meaning it could reserve water from future resource restoration projects. Read more

Sugar stymies Glades plan
A plantation purchased by the state is needed for Everglades restoration, but the growers are ignoring a request to leave.
By CRAIG PITTMAN
©
St. Petersburg Times
Florida taxpayers spent $130-million five years ago to buy a 50,000-acre sugar plantation south of Lake Okeechobee as part of the ambitious plan to replumb the Everglades. Gov. Jeb Bush called the Talisman Sugar Plantation "the linchpin of Everglades restoration." The state didn't need the Palm Beach County land immediately, so it let sugar companies continue farming there. Now the state is preparing to take it over and recently notified the sugar companies to move out by April 2005. But the companies won't budge. They say the notices sent out by the South Florida Water Management District don't meet the strict contractual requirements for terminating the lease. "Accordingly, we do not recognize the notices as valid, and we will continue to plan our operations consistent with this position," Florida
Crystals vice president Armando Tabernilla wrote in a terse, Feb. 11 letter. The other two companies that lease the land, U.S. Sugar and the Florida Sugar Cane Growers Cooperative, agree.
Read more

Sugar grower refuses to leave leased land slated for Everglades restoration
By Neil Santaniello
©
Sun-Sentinel
Sugar grower Florida Crystals says it intends to ignore government notices telling the company to prepare to vacate thousands of acres of taxpayer-bought farmland that plays a central role in Everglades restoration. The company argues that the South Florida Water Management District failed to follow the legally prescribed procedure to warn growers about the start of work to flood 50,000 acres of district-owned farmland south of South Bay. The construction will create reservoirs that will benefit wetlands and wildlife. Environmental groups say the move suggests sugar growers intend to delay or seriously thwart the construction of water-storage areas integral to the success of the $8.4 billion Everglades restoration plan. The western Palm Beach County land at issue, best known as the Talisman Sugar property, "represents the heart and soul of Everglades restoration," said Charles Lee, senior vice president of Audubon of Florida. Lee called the sugar industry position "the initial declaration of war" from farmers over the property's fate.

Developers accused of making water grab
Environmentalists fear developers are trying to divert water from the Everglades as part of an assault on a rule proposed to set aside water for the environment.

BY MARC CAPUTO
© Miami Herald
TALLAHASSEE - Florida developers have launched a quiet campaign in court and in the Legislature to scrap a proposed rule that would help save water for Everglades restoration and wetlands across the state. The Association of Florida Community Developers has asked an administrative judge to block the proposed rule, saying its ''vague'' wording doesn't spell
out how much water should be reserved for the environment. It also questions whether there's even an Everglades left to restore.
At the same time, two association lobbyists are meeting with receptive state lawmakers, who said they will consider developer-drafted legislation to
stop the state Department of Environmental Protection from implementing the rule because it intrudes on the Legislature's authority to make laws.
Noting the association's close ties to Gov. Jeb Bush and a former Enron subsidiary that wanted to sell Everglades water, environmentalists say the association's one-two punch is part of a broader scheme to control all the water in Florida, as evidenced by a failed proposal earlier this year to divert water from the state's rural north to urban areas in the south. Read more

 

30-March-04

Area official stresses role of estuary life
By PAMELA SMITH HAYFORD, phayford@news-press.com
© Ft. Myers News-Press
KEY LARGO — Lee County Smart Growth Director Wayne Daltry on Monday urged managers involved in Everglades restoration to remember Southwest Florida estuary life, not just better-known species impacted by the project. When people typically think of Everglades creatures, they often have crocodiles and panthers in mind. But those are just a few of the many forms of plant and animal life affected by Everglades restoration, and Daltry doesn’t want plants and animals living in the Caloosahatchee River left out. “We want to make sure (the Multi-species Recovery Plan) includes estuary species,” Daltry told the South Florida Ecosystem Restoration Working Group, which represents 29 agencies. The group met in Key Largo to talk about what issues are most important when it comes to the plants and
animals living in the restoration region.
The working group reports directly to a federal and state task force that was established in 1993 to coordinate environmental restoration in South Florida.

 

29-March-04

Carl Hiaasen: 'No shortage of reasons to be outraged'
Novelist and Miami Herald columnist Carl Hiaasen will receive the Denver Press Club’s 10th annual Damon Runyon Award on Friday night.

By J. Sebastian Sinisi
©
Denver Post

The last thing novelist and Miami Herald columnist Carl Hiaasen wants to be called is an "environmental" writer. With notable exceptions like Edward Abbey, environmental writers don't make readers laugh, and Hiaasen does not have that problem. Crooked developers, corrupt elected officials and dumb-as-dirt white trash who assist the other spoilers of South Florida are recurring characters in Carl Hiaasen's 10 best-selling novels. In his novels and twice-weekly Herald column, few scoundrels go unstoned. Their themes are best summed up in a 2001 collection of his columns: "Paradise Screwed." Hiaasen will receive the Denver Press Club's 10th annual Damon Runyon Award on Friday night. After 16 years of cranking out a column and more than 20 of writing novels, Hiaasen still succeeds at the rare feat of enabling readers to laugh at the follies surrounding serious issues. "If we couldn't laugh, we would all go insane," sang former Florida Keys resident Jimmy Buffett. Hiaasen still lives in the keys and can still cause readers to laugh at the unbelievable stupidity and greed that have despoiled the South Florida he knew as a boy. But Hiaasen's laughter and satire that mask the anger have made a difference. And that difference made Hiaasen this year's pick for the Press Club's Runyon Award, to put him in the company of Jimmy Breslin, Pete
Hamill, Herb Caen, Molly Ivins, Maureen Dowd and other journalistic notables. 

Water rule challenge may end through agreement
By CHARLIE WHITEHEAD
© Naples Daily News
There may be an agreement in the works that would settle a developer group's challenge of a state rule to expand reservations of fresh water for environmental purposes. Local developers still aren't saying how they feel about the Association of Florida Community Developers' challenge of the proposed Department of Environmental Protection rule. Some Lee County commissioners raised a stink about the challenge this week, demanding to know where local members of the association — Bonita Bay Group, Collier Enterprises, Barron Collier, Ginn Development and WCI — stand. As of Friday, none had returned calls or made statements. Cathy Vogel, lobbyist for the association, says there might be a settlement in the works. Vogel says the challenge was filed simply to allow continued work on the new rule. The state currently can reserve fresh water for the environment to implement Everglades restoration, potentially withholding it from proposed development. The change would expand allowable reservations to include Outstanding Florida Waters, parks, preserves and public lands. Read more

A changing of the guard at Fisheating Creek
State gives contract to another, ending Estero environmentalist's tenure at campground
By ALAN SCHER ZAGIER
©
Naples News
PALMDALE — Fisheating Creek is more than just a workplace for Ellen Peterson. Ask anyone who knows the 80-year-old retired schoolteacher, avid canoer and former Edison Community College administrator: the place practically courses through her veins. It infuses her very soul. Her reward for unswerving devotion to one of the state's few remaining natural treasures? A pink slip. After a lifetime's journey from rural North Carolina to Estero -— with
stops in Maine, South America and elsewhere along the way -— Peterson came to this remote corner of Glades County two years ago to breathe life into a moribund campground.
She signed a contract with the Florida Fish and Wildlife Conservation Commission to run the state-owned campground, about 40 miles northeast of Fort Myers. Her mission: help nature lovers rediscover Fisheating Creek after a 10-year legal battle between the state and Tampa-based agricultural giant Lykes Bros. Inc., which in 1989 decided to restrict public access to a 53-mile navigable waterway long cherished by outdoors enthusiasts. The dispute was settled in 1999 when the state agreed to buy and preserve nearly 20,000 acres in the newly designated Fisheating Creek Wildlife Management Area. At an age when many of her peers in Southwest Florida consider switching the remote control a form of physical exercise, Peterson dove into her new job with vigor. Read more

 

28-March-04

South Miami development threatens evacuations
© Key West Citizen
The Florida Keys is the most tightly regulated area in the state of Florida, when it comes to growth management. That's true if you are pleased with the deal recently worked out between
Monroe County and the state of Florida. Or if you think it failed to protect our besieged natural resources. Or if you think it is far too restrictive.
The truth is, the Keys are limited to a few hundred new homes per year, and in return will receive more than $100 million in state money for buying natural lands and improving water quality. Meanwhile, the county alone
has promised to come up with another $200 million for water quality in the next three years.
All this did not happen spontaneously. It happened because the state of Florida, for 30 years now, through Republican and Democratic administrations in Tallahassee, has expressed its strong belief that the Keys is one of Florida's most special and fragile places. As an Area of Critical State Concern, the county is under state scrutiny like few other places. Read more

Fortifying a falling fort
The National Park Service is looking for a few good masons to repair historic Fort Jefferson, deteriorating slowly on an isolated bit of land 68 miles from Key West
By Maya Bell
©
Orlando Sentinel
DRY TORTUGAS NATIONAL PARK -- The working conditions are daunting, but the perks are great: stunning views, all the fish you can catch and bragging rights to saving Fort Jefferson. Brick by historic brick, the nation's most isolated, ambitious and star-crossed coastal fort is falling into the sea. That is prompting the National Park Service to look for 15 or so hearty souls willing to brave isolation and deprivation to undo the damage wrought by 158 years of
tropical salt air.
It's not a mission for the meek or pampered. The masonry crew hired for the
first phase of the $16 million repair on Garden Key, a 23-acre sand island 68 miles due west of Key West, must be self-sufficient.
Completely self-sufficient. After all, this job will be a yearlong, bring-your-own-everything test of endurance. That includes the basics: food, water, housing, sanitation and electricity. Read more

Panther strategy tangled
Habitat slips away as plan awaits release
By PAMELA SMITH HAYFORD, phayford@news-press.com
©
Ft. Myers News-Press
Land vital to the survival of the Florida panther is disappearing while a year-old conservation strategy sits mired in red tape. The strategy, drawn up by 11 panther experts, recommends no new roads and no widening of roads in any of three panther zones; no turning farms into
golf course communities; no converting citrus groves to reservoirs. A panther kitten at its home at White Oak. Only 80 to 100 Florida panthers remain in the wild. Habitat is crucial because panthers need a lot of room to roam. File photo special to news-press.com
Some permitting agencies know about it. Some don’t. Meanwhile, construction moves forward in what the panther experts called primary and secondary panther habitat, a 4,400-square-mile area east of Interstate 75. Work on the strategy began four years ago, in February 2000, when the U.S. Fish & Wildlife Service asked 10 outside experts and one of its own to develop a landscape-level conservation strategy and draw a map of land needed for the endangered cat’s survival. The so-called Florida Panther Subteam finished the report in December 2002. However, the subteam’s report isn’t widely known because Fish & Wildlife hasn’t released it yet. The agency is waiting until it has finished what it calls a “panther tool” — a document based on the report that will be used by permitting agencies to determine whether a project will hurt panther habitat.

Officials aim to hasten Scripps
By Prashant Gopal and Shana Gruskin
©
Sun-Sentinel
The fast-track project to build a biotech hub in northwestern Palm Beach County is, for the first time, wrestling with environmental and quality-of-life issues that could be out of county and state government officials' control, threatening hopes of meeting a tight schedule to open by September 2006. The chosen site for The Scripps Research Institute's Florida expansion
has drawn the attention of environmentalists, who are concerned about the project's location next to a major wildlife corridor, and of local residents, who worry about impending traffic, noise and biohazards.
Also, federal environmental regulators, who aren't obliged to meet the
state's accelerated three-month approval process, could take more than a year to review the Scripps development plan.
Monday, nearly a dozen government agencies -- local, state and federal -- will begin an intense three-day meeting to help the county take the project through a tangle of complicated permit applications and sort through key issues of concern to residents and regulators. Read more

Environmental groups upset over wetlands rules changes
By CATHY ZOLLO
© Naples Daily News
Recent changes in the way the federal government regulates wetlands and other waterways and a push in the Florida Legislature to test the dumping of treated sewage water in canals has state and national environmental groups alarmed. The League of Conservation Voters, Florida Public Interest Research Group, Earthjustice, Natural Resource Defense Council, Citizens for the Bay, Clean Water Network and the Sierra Club Florida Chapter have banded together to call attention to their concerns. "We are, collectively, calling on the Bush administration to reverse its current policy and uphold the Clean Water Act by applying its
protections to all waters of the United States," said Sandra Diaz of the League of Conservation Voters Education Fund.
The groups say the administration and the U.S. Army Corps of Engineers are backing off from protecting certain wetlands and waterways, such as canals. Meanwhile, they say, a bill under consideration in Tallahassee will require a pilot project to test the dumping of treated sewage water in those canals. Read more

 

27-March-04

Lake O drops toward target for ecology
By Libby Wells
© Palm Beach Post
For the first time in 10 months, Lake Okeechobee this week dropped to less than 15 feet above sea level, and water managers say it could lose another foot or more before June 1 if the weather remains dry. The lake was at 14.8 feet on Friday, which is the lowest it has been
since May. High water levels have killed almost 40 percent of the 730-square-mile lake's submerged vegetative habitat and damaged the brackish St. Lucie estuary because of nutrient-laden freshwater discharges.
Lake and estuary advocates would like to see the level at 13.5 feet before the summer rains begin, and water managers said that depth might be
attainable.
"We've had below-normal rainfall in March. If that continues through April, I think there's still a probability we can make it to 13.5 by June 1," said Susan Sylvester, head of water control operations for the U.S. Army Corps of Engineers in Jacksonville. "So it really depends on what happens." 

A ruling for pollution
Editorial
©
Palm Beach Post
Private industries and utilities don't have the right to dump dirty water into clean water. A government agency shouldn't have that right, either. That's the issue in a long-running court battle between the South Florida Water Management District, which needs to dump dirty water from urban drainage canals, and the Miccosukee Tribe and Friends of the Everglades,
which sued to stop the district from dumping that polluted runoff into clean Everglades water.
This week, the U.S. Supreme Court also muddied the case. The court rejected the district's argument that it merely moves polluted water from one place to another and so doesn't need an expensive federal permit. The permit would set a timetable and force the district to clean water before dumping it into Everglades marshes.

Groups Target Water Limits
By MIKE SALINERO
©
Tampa Tribune
TALLAHASSEE - Several powerful developer groups are trying to change provisions of Florida law that allow the state to reserve water for the environment. The target of the developers' lobbying efforts is a seldom-used statute that allows state agencies to reserve water for ``protection of fish and wildlife or the public health and safety.'' That law has been used only
once, when the St. Johns Water Management District reserved water for the Paynes Prairie State Preserve just south of Gainesville.
But the law is slated to play a crucial role in the $8.4 billion Everglades restoration project, which depends on massive water storage projects. Developers are worried that the effort to capture water and reroute it across the Everglades won't leave enough for development in South Florida. ``We're not opposed to the idea of water reservations, but there has to be a certain equity in the legislation that takes into account the needs of agriculture, community development, as well as environmental uses,'' said Ken Plonski, spokesman for WCI Communities Inc., developers of Sun City Center. 

 

26-March-04

Family of panthers being taught to avoid humans
By BRENDAN FARRINGTON
©
Miami Herald
TALLAHASSEE, Fla. - Wildlife officials are using dogs and slingshots to teach a family of Florida panthers not to get too comfortable around humans. The three cats have been spotted several times around homes in the Big Cypress National Preserve in southwest Florida since last fall. While its not unheard of to encounter the endangered panthers in the region, these animals seem to have lost their fear of humans. "There were instances of cats hanging out in people's yards and not taking off," said Bob DeGross of the National Park Service. "There was one instance where a gentleman was walking up his driveway and the cat was following him for a short distance ... This is the first time we've ever had to deal with this. Why these cats have displayed behavior like this is hard to say." Read more

Florida’s panthers may be released in out-of-state forests
By David Fleshler
©
Sun-Sentinel
A federal study has ranked two national forests in Arkansas as the most promising sites for returning the Florida panther to parts of its historic range, but any proposal to do that would face intense opposition from farmers and other state residents. The U.S. Fish and Wildlife Service commissioned the study as part of its efforts to save the panther, now confined to a shrinking habitat southwest of Lake Okeechobee. While the number of panthers has climbed to 80 or 90 adults over the past few years, biologists say the only way to ensure the species' long-term survival would be to create additional populations in parts of its former range. Until then, the species remains vulnerable to extinction from an epidemic, hurricane or bad birth years.

Istokpoga residents focus on Okeechobee's water quality
By RIC LILJENBERG
©
News-sun
LORIDA -- Through the next several years hundreds of millions of dollars will be spent in the battle to save Lake Okeechobee and reverse a trend that left unabated will eventually destroy Okeechobee's water quality, its fishery, and its wildlife habitat. Much of this massive problem begins in the upper reaches of its watershed that extends all the way to the Orlando area where lakes there empty into what becomes the Kissimmee River. To the east of the Kissimmee River watershed lies the Taylor Creek system, and to the west, Fisheating Creek carries water to Okeechobee. Until now, a fourth major watershed region -- the 3.5 million acre Lake Istokpoga watershed -- was not included in the multi-million dollar Lake Okeechobee Restoration Project. Thursday's more than three-hour meeting at the Lorida Community Center brought together Lake Istokpoga residents and representatives from
several agencies. The historic meeting marked the first time the Istokpoga watershed was recognized by engineers of the Lake Okeechobee Watershed Project.
Read more

Experts fear drift algae a sign of a sick ecosystem
By CHAD GILLIS
© Naples Daily News
It clogs boat motors and plugs commercial fishing nets. And some groups worry that a cluster of drift algae blanketing Lee County's shoreline this week could lead to a red tide event or further damage to the region's already depleted sea grass beds. Red, green and brown drift algae have been reported from the Charlotte Harbor area south to Fort Myers Beach this week. While the blooms are not toxic to humans like a red tide event, many water
quality experts fear the algae is a sign that Southwest Florida's ecosystem is unsteady.
"The existence of the blooms themselves are harmful because it's an indicator of an unbalanced system," said Wayne Daltry, Lee County's Smart Growth director. "We have been noticing more of these algae blooms covering more areas." The bloom was first reported by John Cassani of the Southwest Florida Watershed Council. Cassani noticed the bloom while flying
home from vacation earlier this week. Read more

 

25-March-04

Heavier, more frequent Lake O discharges being considered
Instead of an increase in "pulse"-style releases, activists are recommending slow "bleeding" of the lake throughout the year.
By Suzanne Wentley
©
Stuart News
Federal water managers are considering a new proposal that could allow for heavier, more frequent discharges from Lake Okeechobee into the St. Lucie River while scientists work on an overhaul of lake management rules. "I think it gets at ... people's frustration," said Susan Sylvester, a civil engineer with the Army Corps of Engineers in Jacksonville. "They're seeing the lake go up and they're not thinking the releases were adequate. We were making the releases that (the rules) were calling for." Even though the proposal would increase the volume of water discharged from the lake, the goal of the increased flexibility is to ensure the
constant, heavy releases wouldn't happen again this year, corps scientists said. Read more

Some claim proposed airport commerce park could harm environment
By RIDDHI TRIVEDI-ST. CLAIR
© Naples Daily News
A commercial/industrial development planned for the northeast corner of Alico and Airport Haul Roads either will be a boon for the nearby airport or cause harm to the environment, depending on whom you believe. The Lee County Hearing Examiner on Wednesday heard the application to convert 241 acres to a mixed commercial and industrial development. County staff is recommending approval for the application for Airport Interstate Commerce Park. Hearing Examiner Diana Parker said she did not have any immediate or major concerns with the application but would make her decision after a site visit. The developer wants to create an industrial/commercial subdivision that would have access on Airport Haul Road and Alico Road, said Tom Lehnert of Banks Engineering, representing the applicant. Read more

Water District: Everglades restoration to stay on track
By JOEL ESKOVITZ
© Naples Daily News
WASHINGTON — As the legal battle involving water quality in the Everglades shifts from the U.S. Supreme Court to a federal court in Miami, the South Florida Water Management District said Wednesday the lack of a verdict means that Everglades restoration will remain
on track.
The Supreme Court, in an 8-1 ruling Tuesday, asked the lower court to obtain more information before determining whether water on either side of a Broward County pumping station should be considered one body. The Miccosukee Tribe, which initially filed suit against the district, contends the district needs a federal permit because it is pumping polluted water into a pristine section of the Everglades. Nicolas Gutierrez, chairman of the district's governing board, has contended that an outcome in favor of the tribe would force the
district to apply for permits at its 300 major water structures and 2,000 minor structures throughout its 16-county area.
Read more

Landmark church slated for Ave Maria development
By DIANNA SMITH
© Naples Daily News
With no height limitation in view, Ave Maria officials have the freedom to build high to the heavens. And that's exactly what they plan to do. A landmark church 150 feet tall and a 60-foot red-tinted glass cross with a 40-foot body of Christ were among the designs that Ave Maria officials revealed Wednesday during a press conference at LaPlaya Beach & Golf Resort in North Naples. After a brief introduction from a table of men in dark suits, cream
drapes were removed from 12 boards to reveal the plans for the first phase of the Catholic university and town. Collier County commissioners didn't see those renderings when approving the development's first phase during Tuesday's commission meeting.
Camera shutters clicked in unison and television cameras focused on the force behind Ave Maria, the founder of Domino's Pizza, Tom Monaghan, who sat quietly and peered away as people admired the display like pieces of art. Read more

 

24-March-04

Lee wants to know local developers' stance on water use challenge
By CHARLIE WHITEHEAD
© Naples Daily News
Lee County commissioners want to know where the local members of the Association of Florida Community Developers stands on the group's challenge of a state water use policy that prioritizes environment over new development, but the locals aren't exactly clamoring to say. State policy allows agencies to reserve portions of Florida's limited fresh water for environmental purposes. Lee officials have been working to get such a reservation for the Caloosahatchee River, which, along with nearby estuaries, has been damaged by radical fluctuations in freshwater flow from Lake Okeechobee. The association, a 52-member coalition of development interests, filed a challenge to a Department of Environmental Protection rule expected to help implement reservations for water bodies. The new rule would not permit future development if it would interfere with flow to a natural system with a reservation. Read more

Reform of U.S. Army Corps of Engineers Questioned
© Environment News Service
WASHINGTON, DC, March 24, 2004 (ENS) - The U.S. Army Corps of Engineers is moving ahead with more than $12 billion in projects that harm the environment and waste taxpayer dollars, according to a two year investigation by the National Wildlife Federation (NWF) and Taxpayers for Common Sense. The joint report finds that members of Congress often turn a blind eye to legislative fixes that could stop many of these projects in their tracks. "Despite exploding deficits, Congress continues to spend like drunken sailors on gold plated pork barrel water projects," said Steve Ellis, vice president of programs at Taxpayers for Common Sense. "The problem is that the Corps of Engineers is aiding and abetting this spending spree because they have never met a boondoggle they did not like." The two organizations read through tens of thousands of pages of Corps documents and conducted dozens of interviews to rank the most environmentally and fiscally wasteful water projects in the nation. Read more

Area home building on rise
©
Palm Beach Post
Residential construction contracts signed in February in Palm Beach County rose 3 percent from February 2003, to $182.6 million from $177.9 million, according to the Dodge Reports. Dodge tracks the construction industry nationwide. For the year to date, total residential construction contracts in Palm Beach County have risen 12 percent over the same period in 2003, to $388.1 million from $345.2 million. Palm Beach County commercial construction contracts signed in February dropped 37 percent from the same month a year ago, to $41.9 million from $66.1 million in February 2003. For the year to date, commercial construction contracts in Palm Beach County are up 6 percent over last year, to $124.3 million from $117.1 million. In the Treasure Coast -- Martin and St. Lucie counties -- residential construction contracts for February rose 15 percent over February 2003, to $88.2 million from $76.8 million, Dodge said. For the year to date, residential construction contracts are up 38 percent over last year, to $213.8 million from $154.8 million. 

Wanted: Manatees. Huh?
Editorial

© Palm Beach Post
Beware, Floridians. The "killer manatees" are back. In fact, manatees may be the most gentle creatures on the planet. Three years ago, however, marine industries tried to undercut protection for them by portraying the sea cow as an imminent threat. This year, the "killer
manatee" theory has found its champion in state Sen. Mike Bennett, R- Bradenton.
The 2003 recipient of an award from the Marine Industries Association of Greater Tampa Bay has sponsored Senate Bills 342, 540, 542 and 1676 to solve problems that only he and dock builders see. They portray the docile, tubby manatee as some sort of herbivorous predator, cruising sea grass beds and munching endlessly, consuming every blade of grass in Florida's 29,400 miles of tidal waters, streams, rivers and canals. Consider the ravaged
grass beds, the homeless fish. And what if manatees spread communicable diseases -- if there are any -- when they warm themselves near discharge areas at power plants? 

Proposal would force developers to meet stronger wildlife protection rules
By ERIC STAATS
© Naples Daily News
Collier County would be able to require developers to meet stricter wildlife protection rules under a proposal county commissioners moved forward Tuesday. The 3-2 vote starts the proposal next month through a long process to amend the county's growth plan. The process, including review by county advisory boards and the state Department of Community
Affairs, might not be wrapped up until October.
Commissioners Jim Coletta and Tom Henning voted against the proposal, leaving it one vote short of the four-vote supermajority needed to approve it. Even if the proposal wins approval, it could be short-lived. Commissioners set a November deadline to hear back from a stakeholders group charged with recommending a more comprehensive wildlife protection plan for Collier County. Read more

Glades pumping-station case sent back to court in Miami
The U.S. Supreme Court sends a closely watched Everglades pumping station case back to federal court in Miami.
BY KARL ROSS
©
Miami Herald
The U.S. Supreme Court in a ruling Tuesday declined to settle a long-standing dispute between the Miccosukee Tribe of Indians and local water managers over a Broward County pumping station the tribe says is polluting the Everglades. The case, believed to have far-reaching repercussions, is being closely monitored by environmental groups and public officials from across the country. At issue is whether the South Florida Water Management District needs to obtain a federal pollution discharge permit to operate pumps that keep
suburban enclaves dry but spill contaminants across a levee to the west.
The Supreme Court ordered the case be returned to U.S. District Court in Miami to determine whether state water managers need to treat pollutants discharged by its S-9 pumping station. In doing so, they overturned favorable rulings for the Miccosukees obtained over the course of the six-year legal battle. Read more

Commissioners approve first phase of Ave Maria project
By DIANNA SMITH
© Naples Daily News
Despite the absence of detailed plans, the Collier County Commission unanimously approved the first phase of the Ave Maria project Tuesday, making Barron Collier Cos. the first landowner to participate in the county's rural growth plan. The approval means nearly 5,286 acres of rural land south of Immokalee are now protected from future development and Barron
Collier Cos., along with Tom Monaghan, the founder of Domino's Pizza and the force behind the university, have enough credits to convert 960 acres of agricultural land into the first Catholic university to be built in the United States in 40 years, as well as a town to go
with it.
The nearly 5,286 acres of protected land, which is divided into four areas, includes 850 acres in Camp Keais Strand, which is part of a regional flow way, and 4,435 acres in and adjacent to the Okaloacoochee Slough along Immokalee Road, east of Immokalee, where
panthers have been known to roam.
Read more

Coral threatened by disease
A mysterious flesh-eating disease is killing staghorn coral off the Florida Keys.

BY CARA BUCKLEY
© Miami Herald
KEY WEST - Staghorn coral, once abundant but now rare in the Keys, is being lethally stalked by an unidentified flesh-eating disease that scientists are at a loss to explain. ''A lot of very freshly exposed skeletons alerted me,'' said Dana Williams, a postdoctoral associate at the University of Miami. ``But we have no idea what it is.'' Staghorn coral, so named because of its antler-like branches, is already in steep demise in the Keys. Since the 1970s, 80 to 90 percent of the island chain's reef tract has died, according to Cheva Heck, spokeswoman for the Florida Keys National Marine Sanctuary. Pollution, algal blooms,
sediment and a host of diseases have been blamed, among them coral bleaching, black-band and white-band disease and white plague.
But this coral-tissue-eating disease appears to be a newcomer, the scientists involved said. Read more

U.S. Supreme Court sidesteps issue on dirty water being pumped into Everglades
By Neil Santaniello
©
Sun-Sentinel
The U.S. Supreme Court on Tuesday evaded settling a dispute over dirty water pumped into the Everglades, bouncing the issue back to a lower court. The ruling on an dispute keenly watched by several states contained enough ambiguity to fuel claims of victory from both sides of the legal fight centered on a trio of diesel-powered stormwater pumps near Weston. Environmentalists said they were victorious because the court rejected a South Florida Water Management District argument that pumps were immune from federal clean-water permits because the machines didn't generate the dirty water they push into the central Everglades. "We didn't get everything we wanted, but we got 90 cents on the dollar," said Earthjustice attorney David Guest. But the court, in a 14-page decision delivered by Justice Sandra Day
O'Connor, left open a chance for the district to ultimately prevail in the long-running suit brought by the Miccosukee Indian Tribe and Friends of the Everglades. 

High court ruling in Everglades case pleases both sides
By Robert P. King
©
Palm Beach Post
Water managers eventually might have to get costly federal permits for their pumps that pollute the Everglades -- but not just yet, the U.S. Supreme Court ruled Tuesday. In an 8-1 decision that left both sides claiming victory, the justices said a federal judge in Fort Lauderdale acted too hastily when he ordered the South Florida Water Management District to seek permits for pumps in western Broward County. But the Supreme Court also rejected one of the district's prime legal arguments -- that its pumps cannot be blamed for moving water that's already polluted. That caused environmentalists and the Miccosukee Indian
tribe to predict they'll win when the case returns to a South Florida courtroom for further argument.
"I don't see how we could lose," said Miccosukee attorney Dexter Lehtinen,
who joined Friends of the Everglades in suing the district in 1998. The justices, he said, "just slam-dunked the district on its legal arguments."

Foley joins 'Glades restoration push
The senator [congressman] sent a letter to the Army Corps of Engineers chief in Washington asking that the plan be fast-tracked.
By Suzanne Wentley, staff writer
©
Stuart News
The local Everglades restoration plan hasn't reached the desks of members of Congress, but a lobbying push is already under way in Washington. Rep. Mark Foley [http://www.house.gov/foley/ ] has joined forces with a local river activist, two Martin County commissioners and the region's top Army Corps of Engineers official to bring attention to the $1.2 billion plan to clean and store water in Martin and St. Lucie counties. On Tuesday, Foley, a Republican who represents much of the Treasure Coast, sent a letter to the corps chief in Washington asking that the plan be fast-tracked through the bureaucratic process for quick congressional review. "It is not only of utmost importance to me but to the citizens of Martin County and the people of Florida to see this project finally executed," Foley wrote to Lt. Gen. Robert Flowers. Read more

 

23-March-04

Supreme Court dodges major ruling in Everglades pollution case
By GINA HOLLAND
©
Miami Herald
WASHINGTON - The Supreme Court, sidestepping a major decision on the government's power to regulate clean water, told a Florida court Tuesday to reconsider a pollution dispute involving the Everglades. The ruling extends a six-year fight between the 500-member Miccosukee Indian tribe and a water district the Indians accuse of illegally dumping pollutants into Florida's Everglades. The South Florida Water Management District's pump west of Fort Lauderdale dumps as much as 423,000 gallons a minute of polluted runoff from
suburban lawns, farms and industrial yards into the Everglades, including 189,000 acres the state leased to the tribe and promised to keep in its natural state.
The district was sued in 1998 by the Miccosukees and Friends of the Everglades under the federal Clean Water Act. Read more


U.S. SUPREME COURT REJECTS SFWMD POLLUTION ARGUMENT
Press/For Immediate Release                     
MIAMI- On March 23, 2004 the U.S. Supreme Court rejected the South Florida Water Management District's argument that they are only moving polluted water and are not the source or responsible party for purposes of the CWA, but remanded the case back to the District court for a factual determination of the "distinctiveness" between Water Conservation Area 3A and suburban Broward County. The case, the South Florida Water Management District v. the Miccosukee Tribe of Indians, et al., involves the South Florida Water Management District's practice of pumping polluted water from urban and agricultural areas into Florida's famed River of Grass.  It was brought by Friends of the Everglades, a small grassroots group founded by Marjory Stoneman Douglas, and the Miccosukee Tribe of Indians, who live in the Everglades.  The suit alleges that the South Florida Water Management District, an agency of the State of Florida, is violating the federal Clean Water Act by collecting and dumping untreated run-off into the Everglades rather that treating it or enforcing pollution laws against landowners.  A U.S. District Court and federal Appeals Court ruled in favor of Friends and the Tribe and the Water Management District appealed to the U.S. Supreme Court last year. John Childe, attorney for Friends of the Everglades, said "We are grateful that the Supreme Court has determined that the Clean Water Act applies to the kinds of pumps being used by the SFWMD and welcome the opportunity to demonstrate to the Court the difference between the pristine Everglades and a man-made suburban drainage district."  Read more

SUPREME COURT RULES:S-9 SAGA TO CONTINUE
Miccosukee Tribe Wins On Only Question Presented By the District Supreme Court Calls District Argument "Untenable" Remands for Factual Record On Issue Presented by Solicitor General

PRESS/For Immediate Release                  
Dexter Letinen (305) 279-3353 
Joette Lorion    (305) 281-0429
           
Today the U.S. Supreme Court issued a 14 page opinion delivered by Justice Sandra Day O'Connor (along with a separate two page opinion by Justice Scalia in which he partly agrees and partly dissents) in the case South Florida Water Management District v the Miccosukee Tribe of Indians and Friends of the Everglades.  The sole question the District presented to the Supreme Court was: "Whether  the pumping of water by a state water management agency that adds nothing to the water being pumped constitutes an "addition' of a pollutant ‘from' a point source triggering the need for a National Pollutant Discharge Elimination System under the Clean Water Act."  The Miccsoukee Tribe prevailed on this issue with the Supreme Court clearly rejecting the only issue the District's presented.  The Opinion states: "This initial argument is untenable, and even the District appears to have abandoned it in its reply brief." Opinion at p. 7. According to Dexter Lehtinen, who argued this case before the Supreme Court, The District wasted tons of taxpayer dollars bringing the question of whether they are responsible for dirty water that their pump discharges into clean water if their pump doesn't add anything to that water to the U.S. Supreme Court, which heartily rejected it, calling their claim untenable. Read more

Endangered wildlife could delay construction of Scripps labs for months
By Prashant Gopal and Neil Santaniello
©
Sun-Sentinel
Mecca Farms' landscape of oranges, rock-mining pits and stormwater ponds hardly seems a place to stumble across rare wildlife. But at least one endangered bird -- the Everglades wood stork -- has been seen visiting the 1,900-acre citrus grove, biologists and birders say. Another endangered wetland creature, the snail kite, hunts for food next door to the future Scripps Florida location and probably raids its existing retention pond for its main chow, the apple snail, they say. And the threatened but rebounding bald eagle also might be making Mecca one of its haunts, the Florida Fish and Wildlife Conservation Commission says. The endangered wildlife could pose a problem for county planners trying to get The Scripps Research Institute's laboratories running by 2006 by increasing the risk for complications and delays to the project's tight schedule.

20-March-04

Developers challenge DEP rule over water resources
By CHAD GILLIS
© Naples Daily News
Some Southwest Florida developers and landowners are saying rivers and estuaries shouldn't be given precedence over future growth and agriculture when it comes to the state's water supply. A coalition of developers recently filed a challenge to a Florida Department of Environmental Protection rule that's expected to solidify the concept of reservations for rivers and other water bodies. Called the Association of Florida Community Developers, the group is made up of 52 companies and landowners such as the Bonita Bay Group, the Ginn Co., Barron Collier Cos. and Collier Enterprises. The challenge period for the DEP rule ended Friday and the issue could soon go to mediation or to court. Reservations are basically a way of legally guaranteeing a certain amount of flow to a natural system. Read more

 

19-March-04

Conservationists ask EPA to take over water protection
By CATHY ZOLLO
© Naples Daily News
Two national conservation groups said Thursday that Florida's environmental enforcers aren't up to the job of controlling polluters, so they are asking the U.S. Environmental Protection Agency to step in. The request from the National Resource Defense Council, the Sierra Club and Florida resident Linda Young came in a letter of intent to sue EPA if the agency doesn't take over enforcement of the Clean Water Act from the Florida Department of Environmental Protection. Young is Southeast regional director for the Clean Water Network, a coalition of organizations seeking strong clean water safeguards. Young, the NRDC and the Sierra Club offered dozens of examples where the state has failed to require permitting for polluters and failed to enforce Clean Water Act requirements. Read more

18-March-04

What's At Stake! Stop Big Developers from Pumping Florida Dry and Paving It Over!
Two Proposals by Developers Threaten Florida's Water and Critical Wildlife Habitat
© Audubon of Florida
The Association of Florida Community Developers, claiming to represent 52 major development companies owning over 1.4 million acres of land in Florida, has launched a major attack on Florida's laws protecting water, remaining wildlife habitat, and open space. This strategic attack on Florida's environmental laws seeks to repeal key protections for Florida's wetlands, springs, rivers and important wildlife habitat. A two-pronged attack is aimed at weakening an important Florida program, that has guided major development projects in Florida since 1972, and invalidating recent decisions by the Florida Department of
Environmental Protection, which attempt to reserve at least some water for the natural environment. This effort to reverse the limited progress we have made on growth management and protecting water resources in Florida comes at a time when over 800 people are moving to Florida every day and approximately 200,000 acres of land is taken over by sprawling development every year!
Read more

 

17-March-04

Developer plans Everglades museum, wildlife foundation
By C. Ron Allen, Staff Writer
©
Sun-Sentinel
Developer Ron Bergeron wants to add one more facet to his empire: a museum and foundation. Bergeron -- who has a park, an industrial park and a land development company bearing his name -- said he wants to document the history, the wildlife and the people of the River of Grass. He also wants to save animals that live in the Everglades and preserve their habitat. Bergeron, whose grandfather was a game warden in the wilderness, anticipated that 80 percent of the display at the Bergeron Everglades Museum and Wildlife Foundation will be animals and birds that have been displaced and cannot return to the wild. He intends for the nonprofit educational corporation to be financed through grants and private dollars. Depending on where the museum is built, he said he plans to support it through either the sale of his real estate or cash.

Internal Memos Reveal Public To Be Misled On Planned National Park Cuts, Even As Push For More Visitors Launched
Source:    Coalition of Concerned National Park Retirees
Contact:   Christine Kraly, (703) 276-3258 or ckraly@hastingsgroup.com
WASHINGTON, D.C.///March 17, 2004///Even as the Department of Interior's National Park Service (NPS) kicked off a major national campaign last month with the U.S. travel industry to increase visitors to national parks, the federal agency was quietly passing along instructions to park superintendents to further reduce park maintenance and services, such as lifeguards on summer beaches and visitor center operations on Sundays and holidays, according to internal NPS memos made public for the first time today by the nonpartisan Coalition of Concerned National Park Service Retirees. The memos also reveal how NPS coached park superintendents on how to mislead the news media and public about the service cuts in order to avoid both "political controversy" and making the same kind of budget-related statements that led to the controversial ouster in December 2003 of
U.S. Park Police Chief Teresa Chambers.

Preservation program may adjust acquisition boundary
By ERIC STAATS 
© Naples Daily News
The Florida Forever land preservation program, running up against growth pressures along Collier County's urban boundary, is considering a retreat from a decade-old land acquisition project. The project, part of the Picayune Strand State Forest known as Belle Meade, has been on the state's acquisition list since 1993. Land buyers now are considering redrawing the acquisition boundary to exclude land still in private ownership along Belle Meade's
western edge, which abuts the county's urban area, and to exclude active farm fields in another part of Belle Meade.
The idea is part of a statewide review of land acquisition projects
and could come before the state's Acquisition and Restoration Council as early as this June, said Kathalyn Gaither, a spokeswoman for the state Department of Environmental Protection. Read more

Roll the tape: It's Everglades 101
By Sally Swartz
©
Palm Beach Post
Wading birds, a kayaker paddling on a jungle river, little boys fishing and a baby playing on the beach tell part of the story. So do woodstorks searching for food in greasy ooze, dirty brown water fouling the St. Lucie River, fish covered with sores and angry residents waving protest signs. But the real surprise in this documentary about the Indian River Lagoon and
St. Lucie estuary is the unity among the people interviewed by Hunter Reno, a TV reporter who is the niece of former U.S. Attorney General Janet Reno and former Martin County Commissioner Maggy Hurchalla. If all the folks Ms. Reno talked with knew they had been invited to the same party, they might send regrets. But one on one, Republicans and Democrats, businessmen and environmentalists, bureaucrats and fishermen are united in one cause: getting money from Congress to "get the water right" for the Everglades, starting with the Indian River Lagoon. 

 

16-March-04

National Park Rangers 'Endangered'
Leading Parks Advocate Releases Report Outlining Critical Staffing Shortages in National Parks

CONTACT: Andrea Keller, National Parks Conservation Association, 202-454-3332
Washington, D.C. -  The nonpartisan park watchdog, the National Parks Conservation Association (NPCA) today issued a groundbreaking report on the critical shortage of staff in America's national parks, a shortage that directly affects the experiences of millions of visitors this summer and cripples the ability of the National Park Service to protect the nation's heritage.
"America's national park rangers have become an endangered species," said NPCA President Thomas Kiernan. "President Bush--and some of his predecessors--made strong commitments to the American people about protecting our national parks. But when push comes to shove, the parks are under funded year after year by Washington." Read more

Community fears big cats
By Kaydee Tuff
© Golden Gate Gazette
Two months after reports of Florida panthers frequenting the Pinecrest community near Loop Road in the Big Cypress Preserve, several wildlife agencies admit the animals may pose a safety concern to residents. "There are no known cases of panthers attacking humans in Florida," says Florida Fish and Wildlife Conservation Commission (FWC) officer Henry
Cabbage, "However, the presence of panthers that seem to have grown accustomed to being around humans is unusual enough to deserve attention."
State and federal conservation officials met with Pinecrest area residents and other concerned individuals, Mar. 6, to discuss the presence of panthers around residences and a conservation education center. Jan Michael Jacobson, of the Everglades Institute, says the problem is more than a just concern. He says he fears for his life and the lives of nearby residents. Read more

Argo Ranch bought by Sarasota developer
Equestrian friendly’ country estates planned
By DICK HOGAN
© Ft.Myers News-Press
A 1,728-acre Alva ranch is being sold to a Sarasota developer for a community of country estates. More than 1,100 acres of the Argo Ranch along Telegraph Creek north of State Road 78 was sold last week for $10.2 million by members of the Baker family to partnerships controlled by Sarasota-based Benderson Development — the largest privately held developer in the United States. The balance will be sold in a separate transaction, according to
Thomas R. Baker, whose family has owned the land since the 1960s and still operates it as a working ranch.
Last summer, Baker was in negotiations to sell the land to Lee County for preservation, said Karen Forsyth, director of county lands. As recently as December, Benderson had the property under contract and approached the county to sell part or all of the property but the county decided to pass until the sale actually went through, she said. 

Groups suggest increased enforcement
Some environmental groups think more monitoring and better enforcement of existing regulations may deter some illegal clearing
By RIDDHI TRIVEDI-ST. CLAIR
© Naples Daily News
The fine for illegally cutting down a mangrove can be as high as $40,000 in Lee County. For a homeowner that's a significant amount of money. "But for a developer, that's pocket change," said Nancy Payton, field representative with the Florida Wildlife Federation. "It's just the cost of doing business. And in most cases of environmental violations like that, the ability to do what they (developers) want to do, when they want to do, outweighs the fines or penalties they might face." Environmental groups such as the Florida Wildlife Federation and the
CREW Land Trust are expressing their frustration at the inability of environmental regulations to deter illegal clearing and other activities by large landowners and developers that harm endangered species and sensitive wetlands in Southwest Florida.
Read more

 

15-March-04

Scientists to pore over new plans for Lake O
The plans include holding the lake at a lower level, installing pumps and limiting discharges to the estuary.
By Suzanne Wentley
©
Stuart News
State scientists today plan to discuss new Lake Okeechobee regulation methods that could limit heavy discharges into the fragile St. Lucie Estuary. South Florida Water Management District scientists will present to an advisory committee preliminary plans to change lake management rules to improve the ecological health of the lake and the estuaries into which
it drains.
By reviewing the rules, scientists hope to hold Lake Okeechobee at a lower level, install pumps that would ease water supply concerns and allow for very low-volume discharges to the estuaries when needed. "The lake is high and it's frustrating for all of us who work directly on the lake, but the prognosis of how we manage is improving," said Susan
Gray, the district's director of the Lake Okeechobee division.
During the past few months, state scientists have worked with the Army Corps of Engineers' Jacksonville office to create computer models to determine the effect of new rules that would allow the lake to drop a foot
lower — to 12.5 feet above sea level — by the start of the rainy season. Read more

Five Florida Small Businesses Thrive by Focusing on the Everglades
By Tom Stieghorst
© Miami Herald

It's Monday morning and Cindy Gregg is making her regular pitch at BeachPlace Towers with her friend "Nasty." Only a year old, Nasty already has 80 teeth. The baby American alligator
helps hold the attention of about 200 timeshare owners, who have packed a 19th-floor suite of the Fort Lauderdale high rise for their orientation seminar.
As Nasty wriggles for freedom, Gregg tells the crowd about the birds, bears and other wildlife highlighted on her tram tour of the Florida Everglades. Afterward, Marc Fisher, a podiatrist from Springfield, Mass., agrees to spend about $360 on the tour for himself and three sons. "It's the educational part that appeals to me," Fisher said. "The kids have studied this in school." Read more

Cures for Complexity
Long a technology laggard, the $3 trillion worldwide construction industry is beginning to use IT to manage increasingly complicated projects—and learning useful lessons about the character and challenges of complexity itself.
BY FRED HAPGOOD
©
CIO
"Guys in this business are guys who like to build things," says Steve Setzer, spokesman for Constructware, an application service provider that supplies management support services to the construction sector. "They don't like paperwork." Or, until recently, computers. Setzer is struggling to untangle a paradox: IT is about managing complexity, and the average construction project is a sink of complexity. Gargantuan construction projects are veritable swamps. Yet the construction industry has tended to be a lagging adopter of IT. "Until recently, construction IT usually reported to the CFO because the only information technology in the business was that supporting accounting," says Mark Napier, a vice president and systems manager at Bovis Lend Lease, the London-based construction giant currently building the AOL Time Warner tower in New York City (among other projects). Read more

Officials work to protect Florida panthers from disease
By ERIC STAATS
© Naples News
The first sign of trouble for the Florida panther population came in November 2002. Researchers, conducting routine checkups on the endangered cats, captured a female panther north of the Collier-Hendry line in the Okaloacoochee Slough Wildlife Management Area. The checkup found a surprise: a case of feline leukemia in the wild panther population. The panther showed no outward signs of the disease when it was captured, but it died five months later from an overwhelming bacterial infection. That case was followed by a second one in January 2003, then two more during the 2004 capture season. One of those three panthers has died from the disease, a second was killed in a fight with another panther. The third still is roaming the Okaloacoochee Slough. The four cases mark the first reports from anywhere in the world of multiple feline leukemia cases in populations of wildcats. Read more

Popularity tough on dolphins
Editorial
© Key West Citizen

Is there a more magical moment in the waters off the Keys than having a bottlenose dolphin surface nearby, maybe even decide to play in the wake of your boat? Those of us lucky enough to live here still marvel at these moments. And for our visitors, they become once-in-a-lifetime experiences. Unfortunately, they have also become an increasingly sought-after commodity, luring dozens of charterboats into business in the Key West area to sell trips to see local wild dolphins. The key word there is "wild." Unlike the dolphins at captive facilities up the road, these creatures are free and under no one's supervision or care.
They are covered by the Marine Mammal Protection Act, which prohibits harassing them or approaching them too closely — but enforcement of these measures is sorely lacking. Read more

 

14-March-04

Chief fought the law, and tribe won
Brawler: He challenged authorities over tribal gambling and endangered species law - and wrestled reptiles just for fun.
By Robert Little and Mike Adams
©
Baltimore Sun
HOLLYWOOD, Fla. - An orphan by age 13 who says he is half-Irish and never knew his father, James E. Billie grew up on tribal lands where living conditions had scarcely improved since the Army stopped trying to exterminate the Seminoles in 1858, after the third of what the tribe calls the Seminole Wars. When the first Seminole bingo hall in Hollywood opened shortly after Billie's election as chairman in 1979, members of the tribe subsisted largely on tourism-related businesses and tribal payments of $100 a year or less. Today, the Seminoles' rise to wealth through gambling is owed largely to the brash, nose-thumbing style of the man who served as the tribe's chairman for two decades. From the start, controversy dogged Seminole gambling operations. The Pennsylvania Crime Commission said investors in the tribe's first casino had ties to mobster Meyer Lansky, and the ensuing history is punctuated by legal battles, fixed bingo games and allegations of profit skimming. Read more

Development plan ignites furor
A proposed development for 18,000 people on wetlands near Florida City would cripple efforts to restore Biscayne Bay and the Everglades, environmentalists say.

BY ANDRES VIGLUCCI AND CURTIS MORGAN
© Miami Herald
A developer wants to build what amounts to a small city on protected wetlands outside Florida City, a project that if approved could open the door to development of broad swaths of now-untouchable farm and open lands elsewhere in South Miami-Dade County. The developer, Atlantic Civil, has presented the rough outline of a project of startling scope to regional planners -- 6,000 dwelling units, nearly 400,000 square feet of shops, two schools, 240 hotel rooms and a cinema multiplex. The estimated population -- about 18,000 -- is more than double the current population of Florida City, which is seeking to annex the site. The 1,500-acre site sits in a flood-prone zone outside the county's boundary for urban development and in the middle of a broader wetlands zone considered integral to multibillion-dollar efforts to replumb the Everglades and restore natural water flows to Biscayne Bay. Read more

 

13-March-04

Scripps Howard Foundation announces National Journalism Award winners
By Naples Daily News Staff and wire reports
© Naples News
CINCINNATI — A Naples Daily News 15-day series about widespread pollution of the Gulf of Mexico won the national Edward J. Meeman Award for environmental reporting when the Scripps Howard Foundation on Friday announced the winners of its annual National Journalism Awards. The Daily News series, "Deep Trouble: The Gulf in Peril," won the award in the under 100,000 circulation category for the series, which published from Sept. 28 through Oct. 12. The Edward J. Meeman Award in the over 100,000 circulation category was won by The Washington Post for a series, "Big Green," which brought attention to questionable business practices at The Nature Conservancy, the world's largest, nonprofit environmental group. Of the Daily News series, the judges said it is "a remarkable project that delivered incredible insight. It is massive in its scope, but matches its volume with the excellence of its writing, reporting and photography." Kelley Benham of the St. Petersburg Times won the Ernie Pyle Award for human interest writing. Read more

Return of the everglades
Away from Florida's theme parks and beaches, LASZLO BUHASZ visits the saw-grass prairies and mangrove swamps of Everglades National Park. Here, a multibillion-dollar project aims to curb the damage done by poachers, agricultural runoff and water-cycle manipulation, while drawing attention to the beauty of North America's largest subtropical wetlands

By LASZLO BUHASZ
©
The Globe and Mail
EVERGLADES NATIONAL PARK, FLA. -- At Shark Valley, the northern entrance to Florida's Everglades National Park, a cluster of people on a walkway have set up cameras on tripods to photograph a comical turf war between a rare wood stork and an anhinga. Perched on a branch above a black-water slough, the two birds sporadically clash beaks like avian swordsmen. Nearby, a snowy egret preens its white feathers and a great white heron wades in the black water stalking fish and frogs. On either side of the walkway, alligators of all sizes soak up the sun. The shallow waters teem with fish and turtles. "It's fantastic to see so much wildlife clustered together like this," says Bruce Smith, a retired bureaucrat from Washington. He and his wife, Mary, who are both birdwatchers and amateur photographers, are on their first trip to the park and are relishing the beauty of the creatures around them. Read more

 

12-March-04

Water managers angry with U.S. officials over exotic growth in Everglades
By Neil Santaniello
©
Sun-Sentinel
Tired of seeing the north Everglades draped in the wrong kind of green-- exotic plant green -- South Florida water managers lashed out this week at federal wildlife officials. They complained that, at least from the air, there's little visible evidence of progress in the U.S. Fish and Wildlife Service's battle against exotic plants overtaking the Arthur R. Marshall Loxahatchee National Wildlife Refuge in Palm Beach County. South Florida Water Management District board members said the U.S. Interior Departments is spending money on monitoring and research that could be put to better use eradicating the federal wildlife refuge's two prime pest plants: melaleuca and lygodium, fast-spreading tree and vine overtaking native wetland plants. "I can't see any sign of anything going on over there" to get ahead of the problem, said Michael Collins, a district board member, during a board meeting Wednesday in Miami.

 

09-March-04

Tallahassee's disgrace
Lobbyists in Florida's capital are buying votes, writing bills and making their fortunes - at the cost of political integrity.

A Times Editorial
© St. Petersburg Times
Florida lawmakers like to blame the ascendancy of high-powered and high-priced lobbyists on term limits, as if legislative naivete were somehow to blame. But, as St. Petersburg Times capital bureau chief Lucy Morgan reported on Sunday, those who are well-connected in Tallahassee are getting fabulously wealthy by delivering a single product: votes. The
"MoneyWorld" that Morgan described is about political immorality, not uninformed
innocence.
"These folks who support the political process don't make contributions,
they make investments," says Tom Lee, a Republican senator from Brandon who is line to become the next Senate president. "... It scares me that we are moving down this path. Whoever has the most money, wins."
In the past decade, as Republicans have taken charge of both legislative chambers and the governor's office, the ante to sit at the big Capitol
table has reached six and seven figures. The lobbying firms have become one-stop shopping for lawmakers, delivering pre-written laws, fine food and drink, entertainment and campaign contributions. Thirteen lobbyists now top the charts at more than $10-million each - $10-million in campaign contributions over the past seven years from companies they represent to the legislators whose votes they are buying. Last year, lobbyists spent nearly
$8-million, or roughly $50,000 per lawmaker, simply wining and dining the Legislature.
Read more

 

05-March-04

For-profit method of rebuilding coast explored
Group meets in N.O. to discuss 'mitigation banks'
By Mark Schleifstein
© 
Times Picayune, LA
Making a profit from rebuilding wetlands would seem to be a tall order, especially for people familiar with Louisiana's costly struggle to restore its coastline. But a group of business executives, scientists and federal and state officials from across the nation are meeting this week in New Orleans to discuss successes and failures in the new world of "mitigation banking." A wetlands bank is a firm that buys or leases former wetlands that can be
restored and enters into an agreement with the federal or state government to let the company issue mitigation credits for each acre restored.
The bank sells the credits to developers who are required by the federal Clean Water Act to create or restore wetlands when they fill or destroy natural wetlands. Otherwise, the developers would have to restore
wetlands themselves.
Read more

The Politics of Sugar
© Center for Responsive Politics
As this study nears completion, debate in Washington is joined on what many believe is the ultimate test of the political power of the sugar industry: the reauthorization of the long-standing sugar price-support program. Will the sugar industry lose its lucrative "sweet deal" of the last 60 years? Will the forces of fiscal restraint and government reform prevail? These questions move to the forefront of the congressional agenda with the 1995 farm bill, and they invite us to explore a classic example of money-dominated policy making. Our story begins with the trail of political money in Washington -- the millions of dollars given in myriad ways to finance political campaigns and influence national policy-making. The trail continues to Florida, where the federal government support program has enriched a few families at the expense of all consumers while inflicting unprecedented environmental damage. This study goes well beyond the simple examination of the cost of sugar price supports, demonstrating that at the end of the road, the public is holding the bag -- paying for everything from higher sugar prices to the multimillion-dollar cleanup of the Everglades. Read more

04-March-04

Supreme Court Hears Everglades Case
Decision Will Impact Clean Water Act

©
National Wildlife Federation


Restoration of Florida's famed "river of grass" could be
impacted by a Supreme Court ruling that will determine the
scope of the Clean Water Act's ability to regulate the transfer
of polluted runoff into protected waters.
Photo: JASON STONE

The Supreme Court recently heard arguments in a case that could significantly impact both the Florida Everglades and water management practices across the nation. The case involves the South Florida Water Management District's practice of pumping phosphorus-contaminate runoff from South Florida commercial areas into the protected waters of the Everglades. The Miccosukee Tribe of Indians filed a lawsuit alleging that the water management district is required under the Clean Water Act to seek a permit to pump. However, the defense argues that pumping this runoff is not in violation of the Clean Water Act because it is simply moving
polluted water around, not actually causing new pollution.

NWF, in conjunction with several other groups, has filed a "friend of the court" brief, urging the Supreme Court to uphold a lower court's decision in favor of the tribe. "Regulation would ensure the pumping of mass quantities of polluted water into the Everglades is properly managed--a move that makes sense in light of all the time and money committed to Everglades restoration," says NWF Water Resources Counsel Jim Murphy. "On a national level, it will also determine the overall scope of the Clean Water Act's ability to regulate the transfer of polluted water." A final ruling on the case is expected in June.

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Motocross motors into Big Cypress
Introducing a top-caliber motocross park in South Florida, the Seminole Tribe Motocross will feature several tracks, a drag strip for four-wheelers and a three-mile trail in the heart of the Everglades.
BY JAMES HESKETH
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Miami Herald
World-class motocross is now here in South Florida. The 85-acre Seminole Tribe Motocross, featuring multiple tracks, a drag strip for four-wheelers, and a three-mile trail is being carved out of the heart of the Everglades on the Big Cypress Indian Reservation -- just an hour or so from Miami and Fort Lauderdale. On the ride to the park with Todd Sandoval and Bill Anderson from Palmetto Motorsports, who were taking me on my first off-road riding experience, I learned some history of motocross in South Florida. ''Up to the seventies,'' Sandoval said, ''there were a lot of places for motocross tracks. Pompano, Deerfield Beach, Hollywood, Homestead all had tracks. There was even a track in Hialeah at what is now Amelia Earhart Park. ''But by the '80s,'' he said, ''rising [real estate] values made it impractical for people to use the land for motocross.'' Now the only local track is Pepsi Air Dania, in Dania Beach, which has been operating on a month-to-month lease and is set to close down soon. The next closest track is at Okeechobee City, west of Fort Pierce. Read more

New trees dot land in project on ranch
By Libby Wells
© Palm Beach Post
A sprawling ranch in northwest Martin County that will be used to store and clean water flowing into the St. Lucie and Indian rivers is being replanted this week with thousands of native trees in an effort to restore the cattle farm to its natural condition. The 22,656-acre Allapattah Ranch, which was all pine flatwoods and wetlands before it was cleared and drained for cows and crops, is being sown with 125,000 5- to 6-inch slash pine seedlings grown at a nursery in Chiefland and brought south in a refrigerated truck. The $40,000 project is being done by the South Florida Water Management District, which owns all but 2,400 acres of Allapattah, and the state Division of Forestry. The replanting was not supposed to start until next year, but the trees were available and the weather was right, the water district said.

03-March-04

Judge closes case after setting up review procedure
By CATHERINE WILSON
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Sarasota Herald-Tribune
MIAMI -- A federal judge has taken Everglades pollution cleanup off the public stage, at least temporarily, by setting up a procedure for expert review of federal and state restoration work. U.S. District Judge Federico Moreno concluded that "it may be impossible" to meet phosphorous standards, the most critical aspect of the project, by 2006. But he gave a special master broad authority to monitor compliance and formally closed the court case with a one-page order last week. The decision brings to an end a two-year series of court hearings at which attorneys bickered about compliance, although anyone who claims public agencies are violating a 1992 settlement agreement can ask the court to get involved again. Special master John Barkett, an environmental lawyer who has handled nine Superfund cleanup cases, could mediate any dispute and would be asked to make recommendations to the judge on any motions claiming noncompliance. Read more

78 Miami-Dade homes being razed for Everglades restoration
By Neil Santaniello
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