The Florida Keys
In the Keys, we have been the leading legal voice for the environment on land use issues at the local and state level for many years, regularly appearing before the
local governing bodies and Florida’s Department of Community Affairs and Governor and Cabinet. We have played a major role in the adoption and amendment of the comprehensive plans in Monroe County and its various cities. We won a ruling that the amount of new development proposed by the County and the State cannot exceed the capacity of the marine system to accommodate more pollution. We have successfully stopped several developments that threatened special places in the Keys. Our victory in
the Ambrose case, alongside the Keys’ local governments, prevented the granting of potentially thousands of exemptions from the local land use plans which would have rendered the plans a virtual nullity. We continue to lead the legal effort to ensure that the amount of development in the Keys is based upon an ecological “carrying capacity” study and that the amount of development in the Keys does not exceed hurricane evacuation capabilities or the ability of the marine and land-based ecosystems to sustain themselves.
The Florida Keys Carrying Capacity Study was mandated by the State
to determine the ability of the Florida Keys ecosystems to accommodate additional
development. This pioneering study is to be implemented by the development of plan
amendments to establish a rate of growth and a set of development standards to ensure
that new development does not exceed the capacity of the environment and marine
system to accommodate additional impacts. The legal, political and practical challenges
will determine the future of the Florida Keys. Currently, this effort is the focus
of an appeal to the Third District Court of Appeals in Miami. Read the
Initial Appellate Brief in Florida Keys Carrying Capacity Rule Challenge Appeal.
Read the ELC’s Legal Anaylses, the
Briefing Paper regarding the study and
A Call for increased regulations and temporary moratoria for more information.
Accomplishments in the Florida Keys
- Successfully advocated the adoption of, and defended in court the legality of Monroe County's (Florida Keys) cutting - edge rate of growth limitations. Won a precedent - setting ruling that the amount of new development proposed by the county and the state can not exceed the carrying capacity of the marine system to accommodate more pollution.
- Successfully opposed a proposed hotel on Big Pine Key (Mariners' Resort) in quasi- judicial hearings in Monroe County.
- Won a legal challenge and reversed Monroe County's approval of a radio tower on Ramrod Key.
- Successfully opposed a proposed development on No Name Key (Galleon Bay) before the Planning Commission and the County Commission in the Florida Keys.
- For years we have played a major role in the adoption and amendment of the comprehensive plans in Monroe County and its various cities.
- We continue to lead the legal fight against the proposed widening of the highway into the Florida Keys.
- Our representation in the "monkey island" cases helped bring an end to the monkey breeding operations that have devastated two offshore islands in the Keys.
- Successfully settled a case on behalf of a key West Citizens Group that requires the City of Key West to complete an environmental and quality of life study to determine the community impacts on the people and environment of Key West prior to expending existing cruise ship activity in Key West Harbor.
- Won Keys habitat case protecting Tropical Hardwood Hammocks. Click here to read more.
[Back to top]