The Everglades
In the Everglades, we use our legal and technical expertise on the cutting edge legal and policy issues of Everglades restoration implementation, representing environmental interests in state and federal court, and before local, regional, state and federal agencies. We have provided extensive legal advocacy to the environmental community in support of the Everglades Restoration projects that are designed to bring about
the most important ecological, and resulting economical, benefits. We have brought numerous legal challenges to development proposals that have threatened the protection or restoration of the Everglades and Lake Okeechobee. Our recent federal court victory
in the Scripps Biotech Institute case resulted in the relocation of that critical
project from the edge of the Everglades in western Palm Beach County, where it was
more likely to fail, to an eastern location, where its potential for economic success
is greatest. We also represent public interest clients in litigation over Palm Beach
County’s West-Central Region Sector Plan, which we believe fails to protect the
rural and environmental values in the region, and are regularly involved in numerous
development issues in western Palm Beach County, with a focus on protecting the
lands needed to restore the northern Everglades.
In Miami-Dade County, our legal advocacy on behalf of the Hold the Line
campaign is focusing on the combined fiscal, social and environmental reasons why
the County should maintain its Urban Development Boundary, which is facing its most
serious set of pressures in well over a decade. In previous years, we won an appeals court ruling overturning the State's approval of a plan to redevelop the former Homestead Air Force Base as a commercial airport complex. For more information,
read our white paper on Miami-Dade County’s Urban Development Boundary
and our comment letters to the County and the state on the recently proposed UDB changes.
The restoration of the Everglades is the largest and most ambitious environmental
restoration project ever attempted. In addition to its obvious engineering and scientific
challenges, it raises complex and cutting edge policy, legal and administrative
issues on a national scale. For more information, read:
Planning for Restoration - Restoring the Everglades Through Planning: The Responsibility of Local Governments
and the State to Avoid Urbanizing Lands Important to the Restoration of the Everglades
- September 28, 2004. To learn more about the impacts of Land Use Decisions and
Urban Sprawl on Restoration Efforts, read
Development Patterns in the Everglades.
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Scripps
Palm Beach County and the State of Florida sought to site a branch of the Scripps Research Institute in northwestern Palm Beach County. The original 2000 acre site selected for the Scripps project, Mecca Farms, is located in an extremely remote, rural area in the Loxahatchee River’s headwaters, surrounded by environmentally sensitive lands. The site contains habitat for endangered species like the snail kite and wood stork. It is in an area of the County that was never planned for intense growth, and accordingly lacks virtually all infrastructure necessary for its support. From an environmental and growth management perspective, it appeared to be the worst possible location for intense development, and it threatened to seriously compromise restoration of the Loxahatchee River.
The ELC litigated in state, federal and administrative court in four separate legal actions on behalf of local grassroot organizations, local chapters of national non-profit organizations and residents, challenging the siting of the Scripps Research Institute on such sensitive lands. We are thrilled that after intense advocacy and litigation in State and Federal Courts, we were victorious! In October of last year, a United States District Court Judge found the Army Corp’s permit for the Research Park was illegally issued in violation of the National Environmental Protection Act and the Clean Water Act. As a result of this ruling, all construction was stopped at Mecca Farms which forced the selection of a more appropriate eastern site along the I-95 corridor. Not coincidentally, this is the site that our organization recommended in November of 2003 as outlined in our
briefing paper.
You can read our legal papers and various court orders at the links below.
Scripps Federal Case against the U.S. Army Corps of Engineers (illegal wetland permit):
Scripps Case regarding Palm Beach County Comprehensive Plan Amendments:
Scripps Case regarding contract zoning:
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Miami-Dade County Urban Development Boundary
Miami - Dade County’s Comprehensive Plan employs an “Urban Development Boundary” as its key mechanism to protect the Everglades, rural and farmlands, the County’s fiscal resources, encourage infill and redevelopment and achieve other planning goals. Recently, several current and pending proposals to move the “UDB” have become a front- burner issue, in which the ELC has been directly involved.
Read The Importance of Maintaining The Miami - Dade County
Urban Development Boundary to learn more.
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South Dade Watershed Project
As part of its strategy to meet its planning goals, Miami-Dade County has undertaken a major study of the “South Miami-Dade Watershed” to develop recommendations for how best to meet the environmental, economic and other needs in this critical region that impacts two national parks. We have been an active participant in the study.
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Accomplishments in the Everglades
- Won a major victory in the high-profile case surrounding the siting of the Scripps Research Institute. In October, 2005, a United States District Court Judge found the Army Corp’s permit for the Research Park was illegally issued in violation of the National Environmental Protection Act and the Clean Water Act. As a result of this ruling, all construction was stopped at Mecca Farms which forced the selection of a more appropriate eastern site along the I-95 corridor.
- Won a major victory in the high-profile challenge to Miami-Dade County's
plan to create a commercial airport and development on the former Homestead Air
Force Base lands.
- Provided legal advocacy to the environmental community in defense
of the Water Preserve Areas in Miami-Dade, Broward and Palm Beach Counties, and
in support of acquisition of the "8.5 Square Mile Area" in the Everglades.
- Represented the Florida Wildlife Federation and Collier County Audubon Society in a legal challenge
to the construction of a gated golf course residential development adjacent to the
Corkscrew Preserve, a major habitat for endangered Florida Panther and threatened
Black Bear. Secured a significantly improved development plan in a settlement agreement.
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Represented various environmental organizations in advocating for development policies
by state and local agencies that would reduce the impacts of development and limerock
mining in those parts of western Dade, Broward and Palm Beach counties that are
important to preserve as part of the Everglades Restoration Plan.
- Represented south
Florida's major environmental organizations in an effort to convince local, state
and federal agencies to acquire for conservation purposes the "Eight and One-Half
Square Mile Area in southwest Miami Dade County.
- Represented environmental organizations
in litigation concerning development impacting the Loxahatchee Wildlife Refuge and
River, the West Palm Beach Water Catchment Area, the Fox Property in western Palm
Beach County, the Agricultural Reserve in Palm Beach County; and many other issues
central to the sustainability of south Florida.
- Represented citizens seeking to
discourage the loosening of development restrictions in Palm Beach County's "Agricultural
Reserve" area.
- Brought Florida's first challenge to a mitigation banking permit,
securing a settlement that prevented the loss of Everglades - wetlands to be compensated
by preserving non- Everglades wetlands.
- Represent numerous environmental groups
in an Endangered Species Act lawsuit that seeks to halt water management practices
in the Everglades to threaten the recovery of the endangered Cape Sable Seaside
Sparrow.
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