State pushes to end judicial oversight of GladesLawyers for the state told a federal judge who has been overseeing the vast Everglades cleanup project that his job was essentially done.BY CURTIS MORGAN
October 17, 2006
The state of Florida, rebuffed in a political push to end long-running federal judicial oversight of Everglades cleanup, took its case to court on Monday.
Lawyers for two state agencies told U.S. District Court Judge Federico Moreno that his role was essentially done and to ''simply trust'' Florida to follow its own laws for reducing pollution flowing into the Everglades from farms, ranches and suburbs.
''There's nothing further for you to do, unless we breach,'' said Department of Environmental Protection attorney Charles DeMonaco.
DeMonaco, in a position echoed by the South Florida Water Management District, argued Moreno could ''monitor'' progress, but a court order imposing deadlines would be ''unlawful'' and ''intrude'' on state authority.
Moreno called the hearing to discuss a special master's report that, while praising cleanup progress, also recommended he find the state in violation for two high pollution readings and enforce state-set timetables for finishing projects.
snip
Over the last year, as a cleanup deadline of Jan. 1, 2007, approaches, Gov. Jeb Bush and others officials have campaigned unsuccessfully to end judicial oversight of the project.
snip
Judge to decide on setting deadlines for Everglades restorationBY CURT ANDERSON
October 16, 2006
MIAMI -- Lawyers for the state Department of Environmental Protection and South Florida water managers urged a federal judge Monday not to issue an order imposing deadlines for Everglades restoration work, contending it is both illegal and unnecessary.
Charles Demonaco, attorney for the state agency, told U.S. District Judge Federico Moreno that a federal court has no business imposing its will on how a state follows its own laws. Demonaco said a cleanup plan meeting court approval for the Everglades is already enshrined in state law, making a court order unneeded.
"There is a long-term plan that is in effect," Demonaco said at a hearing. "A federal court would be intruding in the daily activities of a state. That would be an unlawful order."
But Dexter Lehtinen, attorney for the Miccosukee Tribe of Indians of Florida, said court orders are the only way to ensure that Florida agencies continue to meet the terms of a settlement reached over a decade ago to restore the Everglades and reduce phosphorus-laden runoff from continuing to damage the ecosystem.
snip
Moreno appeared skeptical of claims by the state and South Florida Water Management District that he should do nothing but "monitor" compliance, noting that the state's power to act alone was "a big hole" in dealing with any future violations of the original cleanup settlement.
"They just don't want an order. I'm not understanding quite why they don't," Moreno said.
snip
(Emphasis added)
Printer-friendly format
Email this thread to a friend
Bookmark this thread
(1000+ posts)
Send PM |
Profile |
Ignore
