At the heart of the
CERP inside game are the National Audubon Society and its Florida chapter. Without question they are
among the most enthusiastic and outspoken environmental advocates for the CERP.
From the very first they were a key part of the Everglades Coalition, the network of environmental groups that
helped make Everglades restoration law.
Throughout 1996 and 1998 Audubon of Florida and the Greater Miami Chamber of
Commerce worked closely together to promote what they called the “long-term
positive impacts of environmental sustainability in south Florida .”
Here’s my
outsider’s interpretation of their overall strategy. Richard Pettigrew, the
highly political Miami attorney who had served as the Speaker of the Florida
House and was the former Chairman of the Governor’s Commission for a
Sustainable South Florida that proposed CERP’s initial structure, was then
Chairman of the Board of Directors of Audubon of Florida (a strategic alliance
of the National Audubon Society, Florida Audubon Society with 43 chapters and
40,000 members State-wide).
Now, take a brief
moment to reflect on that situation. The basic question that should immediately
spring to mind is: what is such a political animal doing on the Audubon Board?
A second question is: what signal does that send to other environmental groups
and to the power elite? Easy. That they’re playing on the inside
and are convinced that they can be more effective as members of the team
controlling the ball. Meaning, they think as things progress they will be
better able, from the inside, to persuade their new-found friends, the
powerbrokers, the Corps and the South Florida Water Management District, to
make changes that benefit the Everglades .
Let’s eavesdrop as
Eric Draper, Audubon of Florida’s Director of Policy, testifies before the U.S.
Senate Environment and Public Works Committee in 2002.
The
Comprehensive Everglades Restoration Plan (CERP) is an outstanding example of
how a reformed Corps would repair damage from previous water resource projects,
while functioning in a manner that is responsive, accountable, and fiscally
responsible.
Audubon
strongly urges the Committee to include in WRDA three critical Everglades restoration projects that are scheduled for
authorization by Congress this year and contain more than half of the total
land area of the Comprehensive Everglades Restoration Plan (CERP). These
projects will deliver enormous benefits to the Everglades
natural system. Like other parts of the Everglades
ecosystem, these projects are largely an attempt to repair previous damage by
federal and state projects.
There’s the key
Audubon strategy: friendly persuasion.
As a strong indication of its insider position, Audubon lobbyists focused on
helping CERP proponents gain momentum and obtain increased funding, not on
revising the Plan to include additional environmental benefits. Not
surprisingly, given Pettigrew’s influence in the political arena, Audubon of
Florida carefully dissociated itself from anything resembling a confrontational
approach. Remember, you can’t be part of an effective inside game if you’re not
a good team player.
If you had the occasion to visit its website in 2004
you would have seen Audubon of Florida bragging that it played a key advisory
role in providing technical criteria and documentation to Federal agencies that
led to the purchase of 50,000 acres from the Talisman Sugar Company in the EAA,
land that will be used for habitat restoration. They proudly proclaimed for all
to see that they were working in “close conjunction” with the Corps of
Engineers in revising the CERP. And was that a triumphant crow I heard to the
effect that 80 percent of Audubon’s recommendations were incorporated into the
CERP draft that was submitted for Congressional approval? On the other hand if
you visit that web site two years earlier you would have seen the whining and
complaining about the Washington Post
series on Everglades restoration written by
Michael Grunwald. Were it not so sad it would be funny.
CERP’s
environmental critics have harshly accused Audubon of Florida of working as a
shill for a plan that was Everglades-unfriendly from the get-go. In counter
argument, Audubon officials claim to have been fully aware of CERP’s well-known
shortcomings. They steadfastly maintain that Audubon of Florida can achieve
more by working on the inside than by waging an all-out war to change the CERP
from the outside. Can you smell the rotting hand of an experienced political
insider at work?
But Audubon was increasingly isolated in its
position. A great many scientists and environmental activists believed it was
time to face harsh reality. That the CERP was not what had been promised in
1999. And, even worse, that the environmental groups had been snookered big
time by a very sophisticated coalition of south Florida business and political interests.
The new message of these opponents was clear. The CERP is not genuine
environmental restoration and their organizations would withhold political
support until it changed its stripes. Right.
Barbara Lange, co-chair of the Sierra Club’s Everglades efforts, was not shy about identifying the
CERP’s short-comings. “It’s a bogus water-supply project! It’s about time we
all admitted it.” Lange, also stated publicly that elements of the Plan “will do incalculable
damage to this precious American natural resource.” Which was exactly how you played
the outside game.
That difficult choice, play inside or stay outside,
signaled a serious and growing rift within the Everglades Coalition. Some
environmental organizations, like Audubon of Florida, are determined to work
within the system. They believed it was still possible to persuade the Corps
and the South Florida Water Management District to revise the CERP to include
more environmental benefits. Others hunkered down and girded for a long and
hard battle, maintaining that the only hope for genuine ecological benefits would
be to legally require specific restoration progress tied to deadlines. Or
failing that, to threaten widespread public opposition followed by litigation.
Can’t get more outside than that.
For many angry
environmental groups still on the outside looking in with a mixture of dread
and abhorrence, the real sticking point is that the CERP legislation certainly
would not have passed Congress without their cooperation and blessing. Talk
about guilt, internal recriminations, and a seemingly endless iterations of
weeping, wailing, and gnashing of teeth. That’s the real reason for most of
their hard feelings toward Audubon of Florida. The troubling truth for many
environmentalists is that although there are some water quality components in CERP,
they are few and far between and fail to accomplish much of significance. Which
means that if people on the inside aren’t successful in demanding and getting
the appropriate water quality improvements, restoring natural flows will simply
poison the Everglades that much quicker and
more efficiently. It’s a problem that bestows extraordinary significance on
choosing to play inside or to flail away at the well-armored monster from the
outside.
Several
environmental groups, including Friends of the Everglades
and the Biodiversity Legal Foundation, started on the outside by opposing CERP
even before its passage into law in 2000. Now a number of well-known and not so
well-known environmental groups have thrown in with the Plan’s opponents:
Sierra Club Environmental
Defense
Natural Resources Defense Council National Wildlife Federation
Republicans for Environmental Protection Save the Manatee Club
In January 2004 the
Sierra Club dropped a bomb by formally withdrawing its support for the $10
billion plan to restore the Everglades . Its
reason, according to Frank Jackalone, a Florida representative
for the Club, was that, “The Federal and the state Bush administrations have
both abandoned the plan. So why should we participate?” In a public statement Club leaders
maintained that the administrations of Governor Jeb Bush and President George
W. Bush have twisted the CERP until it is merely a plan to supply water to
cities and farms. Wow, there’s a terrible shock. So, from the late-1990s
through mid-2011 it’s been bloody, internecine warfare among the environmental
organizations with no cessation of finger pointing, name calling, and
blood-letting. With no end in sight.
The ultimate
outside game strategy actually got its start many years ago, long before the
CERP arrived on the south Florida
scene. One of the key early outside players was the Miccosukee Indian Tribe,
which for decades has been a powerful advocate of preserving the Everglades . In 1988, the Tribe, aligned with the Federal
Department of Justice and the then acting U.S. Attorney in south Florida,
Dexter Lehtinen, brought suit in Federal Court against the State for failing to
meet its legal obligation to protect the Loxahatchee National Wildlife Refuge
from phosphorus pollution released into surface waters by sugar growers and
cattle ranchers.
The original suit
and the resulting settlement and consent decree reached in 1992 were overseen
from 1988 to 2003 by Federal Judge William Hoeveler. However, in 2003 Hoeveler
was removed from the case by Chief Judge William Zloch for having made comments
to reporters that took issue with the actions of Governor Jeb Bush, the
Legislature, and the SFWMD in promoting and passing a bill sponsored by the sugar
industry that delayed the deadline for the State (and the SFWMD) to reduce
phosphorus levels in the Everglades.
In a June 2005
ruling that seemed to take the State by surprise, the Federal judge who
replaced Hoeveler, Federico Moreno, declared that Florida (through the auspices of the SFWMD
and the State Department of Environmental Protection) had violated the terms of
the 1992 consent decree. Judge Moreno directed a Special Master to monitor
future progress under a 1992 state-federal settlement agreement guiding Florida ’s efforts to limit phosphorus pollution pouring
into the Everglades by means of contaminated
water released by the SFWMD through the Loxahatchee Natural Wildlife Refuge. Recently,
in September 2011, U.S. District Judge Frederico Moreno ruled that water
draining south into the Loxahatchee National Wildlife Refuge continues to
exceed pollution limits designed to protect the Everglades .
Specifically, Judge Moreno ruled that water from the State-operated stormwater
treatment areas exceeded the official limits that the State set for phosphorus,
which is agricultural run-off, between 2005 and 2009.
That victory was a
direct result a long-term and sustained legal campaign waged by the Miccosukee
Tribe and it attorney, Dexter Lehtinen (the former Federal Attorney for south
Florida), and Earthjustice, a coalition of environmental organizations that
include the Sierra Club, National Parks and Conservation Association, National
and Florida Wildlife Federations, Defenders of Wildlife, Wilderness Society, and
the Audubon Society of the Everglades. Without doubt coalitions like those
formed by the Miccosukees and Earthjustice are a critical element in the
ongoing struggle to save the Everglades and other sensitive Florida environments. Absent those coalitions
and similar cooperative ventures by environmental groups, State agencies would
have free reign to drag their heels, procrastinate, and spin one
phantasmagorical excuse after another to justify their inactions while the
wetlands continue to be consumed by the powerbrokers so beloved to State
politicians.
At the end of March
2006, Senior U.S. District Judge William Hoeveler, the federal judge hearing
the Lake Belt
suit, ruled that the Corps of Engineers failed to protect the environment when
it approved permits allowing limestone mining companies to destroy more than
5,000 acres of wetlands in the Everglades to
extract limestone for construction. As reported in the St. Petersburg Times, in a devastating 186-page decision issued on
March 22, Senior U.S. District Judge William Hoeveler ruled that the Corps
rushed its decision into what seemed to be a predetermined approval, ignored
available scientific evidence, failed to include citizen participation, and did
not consider less-harmful alternatives. Judge Hoeveler determined that from the
beginning of the decision-making process Corps officials acted as if the mining
permits would be approved. In his ruling, the judge wrote that that “sense of
inevitability,” resulted in the Corps changing the rules to give mining
companies preference over the public interest. We’ll just have to wait to see if the Corps
appeals that judgment or modifies its approach to the Lake Belt Plan. Either
way, it is another example of the success of the outside game in altering the
worst aspects of the original CERP.
Adding to the
outside game plan, on August 17, 2004, the Friends of the Everglades
filed suit in Federal court against the U.S. Environmental Protection Agency
under the citizen suit provision of the Clean Water Act. They alleged that the
EPA failed to properly review recent Everglades Forever Act Amendments, failed
to properly oversee the State of Florida’s pollution abatement permitting
efforts, and failed to close loopholes in the State’s pollution regime that
allow continued destruction of the Everglades. According to John Childe,
attorney for Friends of the Everglades, “Too much disinformation is being
peddled by federally subsidized agribusiness and too many backroom deals are
being made by too many self-serving politicians and governmental officials for
there to be any real hope for the Everglades .
Federal Court oversight may be the only solution — the only way to make State
officials and politicians keep their promises.”
As an aside,
Friends of the Everglades is also involved in
two other Federal court Clean Water Act lawsuits against the SFWMD and one in
State Court challenging the Florida Department of Environmental Protection’s
lax phosphorus pollution standards. And in March 2005, Judge David M. Maloney
of the Florida Division of Administrative Hearings ruled against the State
Department of Environmental Protection in a suit filed in 2003 by the Florida
Wildlife Federation, the Environmental Confederation of Southwest Florida, and
Save Our Creeks challenging the proposed “pollution load limits” for streams
running into Lake Okeechobee. Judge Maloney’s ruling stated that evidence
presented by the plaintiffs “calls into question at every turn the process that
the department followed” in coming up with load limits. “Instead of the
examination called for by scientific method, the department conducted a flawed
process.” So the legal battles have only just begun.
Prior to the Sierra
Club et al lawsuit, in response to mounting complaints by citizen groups about
the Lake Belt plan, in the spring of 2002, Colonel James G. May, Commander of
the Corps’s Jacksonville District, tried to calm people’s fears. Not to worry,
he said with a patronizing smile slithering across his face, the Corps would
ensure that the Lake
Belt plan restored more
wetlands than it would destroy. According to Colonel Pollyanna May, if in the
future it is determined that the mines had caused more environmental damage
than expected, the Corps would review the permits. Okay, and do what? Slap the
naughty miners on the wrist after they had done their damnedest to destroy the wetlands? Wow, those bad
boys will be forced to pay a half-cent fine on every dollar of profit they
earned for destroying the Everglades . Hey, any
company caught polluting the environment or destroying habitat is more than
happy to pay such meaningless and pathetic penalties since they are only
miniscule fractions of the money they made in their mode as environmental
vandals.
Anyway, according
to our bright-eyed optimist, Colonel Pollyanna May, who sees opportunity under
every pile of manure, when the mining is completed the Corps plans to spend $1
billion to use the depleted quarries to store water for the Park, Biscayne Bay,
and the area’s residents. “So, what are you bitching about? The Corps will fix
things afterwards,” seems to sum up Pollyanna May’s thought process. However,
in their August suit, the environmental groups asserted that the
mine-first/study-later process made no sense. And, more importantly, it
violated provisions of the National Environmental Policy Act. We shall see.
Implications
Perhaps the most
serious dilemma contained in the above materials arises directly from the
relationship between south Florida’s Big Three powerbrokers and the
environmental groups that have chosen to play the inside game. Many biologists
and conservationists are convinced that a fatal poison lies deep in the bones
and sinews of the CERP. The presence of that latent poison is rapidly becoming
the focus of the fears of people who understand all too well the black hell
that is Florida
politics.
The way the poison
theory works is fairly simple. The old-line political insider’s plan from the
start was to fund the CERP’s water supply improvements and flood control first,
in 2010 and 2015 respectively, while promising the world to the relatively
naive environmentalists, who traditionally have been outsiders, meaning
specifically Audubon of Florida, but delaying delivery of the environmental
improvements until at least 2020. Then, after five or however many years of
valiant effort to construct the water supply and flood control improvements,
the politicians would simply allow the environmental parts of the CERP that
were slated to start ten or more years in the future to wither and die from a
lack of Congressional support, giving the wide-eyed innocent excuse that over
the years the funds had simply dried up and that the Administration would not
raise taxes to generate additional funds.
So, how does that
theory square with what has happened on the ground? From 2003 onwards Congress
failed to authorize money for CERP projects. As a direct result, all the
projects are behind schedule. Although the State boldly took the bull by the
horns by allocating $1.5 billion of the State’s own funds to jump-starting
eight CERP projects, the Governor and the legislature also ignored
water-pollution controls (designed to protect the Everglades from nutrients
like phosphorus) to please the powerful sugar lords. The suspicion is that the
State’s intention is to fund those aspects of the CERP that will benefit the
powerbrokers and leave all the environmental pieces for the federal government.
Which will then throw its hands up and walk away, leaving the Everglades
to its own devices.
To almost no one’s
surprise, on March 17, 2006, the Orlando
Sentinel and other Florida newspapers
reported that key Congressional leaders warned the Bush Administration that
apparent attempts by the State of Florida
to end or reduce a court-ordered cleanup of phosphorus “could discourage
Congress from providing full funding for next fiscal year.” Maybe that was one
of the first shots fired across the bow to warn environmentalists not the mess
around with the CERP formula. Or maybe it was just a bunch of Congressmen
searching for a vulnerable, high-budget project to scale back.
Of course, one of
those scenarios would require deep seated collusion between powerbrokers and
various elected representatives. Thank heaven that could never happen. Not in
sunny Florida
or in the U.S. Congress. Aren’t you relieved that’s only a theory proposed by
wild-eyed environmentalists?
However, if you’re
inclined to associate smoke with fire and you have a soft spot for conspiracy
theories, you might follow that thread a little farther. In a conspiracy
scenario the initial trick would to make it look like the moneyed and
politically sophisticated south Florida
business interests were giving the environmentalists benefits that had tangible
value. Benefits so powerful that the naïve and gullible environmentalists would
cease their opposition and climb in bed, wet with desire and panting to be part
of the action. And to pressure them to demonstrate that they were real team
players by helping pass the legislation that authorized the CERP. Which, if I’m
not wrong, is exactly what happened. But then, a decade later, the real
political insiders would cut the throats of the gullible environmental Judas
goats by delaying environmental projects (already accomplished), delaying State
requirements to reduce phosphorus levels (already accomplished but in
litigation), and in the final insult pulling the funding plug (a distinct
possibility given the mood of Congress) long after the Big Three movers and
shakers had gotten exactly what they wanted from the deal. Again, let’s get on
our knees and thank God that’s only a fictional scenario. After all, who
believes in conspiracy theories anyway?
Trouble is the above nightmare is based on
confidence-shaking reality. After all, it’s historical fact that Congress
passed far less ambitious Everglades restoration projects in 1989 (known as Mod
Waters, which was an effort to produce more natural water flows to Everglades
National Park) and in 1994 (Florida Everglades Forever Act). But both projects
have been rendered comatose by constant litigation and brutal infighting,
largely brought about by the conflict between moneyed south Florida agricultural/business interests and
well-intentioned but functionally powerless environmental groups. In the
meanwhile, nary a single drop of water has been delivered to the Everglades by either piece of legislation. Wonder if that
was an accident or a fiendishly clever plan.
Okay, here’s another perhaps skewed view about mixing
promises with poison. In late-March 2005, the hype
about restoring what Bob Graham touted as America’s
Everglades hit the harsh reality of Congressional infighting over, what
else, money. To cynical but knowledgeable observers of the Florida environmental scene, it should come
as no surprise that the wheels of progress are grinding exceedingly slowly when
it comes to the CERP. In late March 2005, an anonymous public servant leaked an
internal memo to the Public Employees for Environmental Responsibility.
In that memo, written by Gary Hardesty, the senior CERP manager for the Corps
in Washington , D.C. , the message was brutally blunt.
Hardesty warned that after five years of effort the Corps was behind schedule,
over budget, and at risk of losing congressional support. The Corps’s most
serious problems included lagging science studies, missing almost every milestone
required in the Programmatic Regulations, scheduling delays, a projected budget
that had ballooned by almost $1 billion for the first group of projects alone,
and a mounting suspicion in Congress that the original CERP vision of restoring
the River of Grass “is dead.” All that in the context
of an ever-tightening federal budget and a major shift in political priorities
at the highest levels. Perhaps the single most critical comment in Hardesty’s
memo is the following: “We do need to talk about all that we’ve done since
1999, yes, but keep in mind . . . it’s [CERP implementation] different from
what we told Congress we would do . . . and it’s not restoration!!!”
Author’s Note: The three exclamation
points are contained in Hardesty’s original text.] At last, a Corps official
not afraid to address harsh reality. Hardesty goes so far as to exhort his
colleagues to take what is for the Corps an extraordinary step: “We need to be
truthful.” Now that’s really pushing the envelope.
Naturally, the political spin-meisters in
State government immediately leapt into the breach and tried to make out like
Hardesty’s words were just ho-hum business as usual and nothing to worry about.
“Quite frankly, there are several things in there that aren’t really accurate
picture of where the overall restoration is,” said Ernie Barnett, director of
ecosystem projects for the Florida Department of Environmental Protection. And
Corps mouthpiece Dave Hewitt, putting the best possible interpretation on what
had to be a vicious kick in the gonads type leak of sensitive materials, said
Hardesty’s memo wasn’t meant as a policy statement but only as an internal
heads’ up to an interagency team preparing a five-year report to Congress. I’m sure we all believe that Alice in Wonderland viewpoint.
The current, often brutal competition for
federal funds, which includes the Iraq
and Afghanistan wars, paying
for Medicare and Medicaid benefits, and the ongoing uncertainty about the
future of Social Security, is working directly against earlier promises of
projects that would have direct environmental benefits for the Everglades . The result is Congress is casting a fish-eye
on the restoration effort and is openly wondering if it’s worth the promised $13
billion, and counting.
Naturally, much of the blame should be laid at
Congress’s door, since its foot-dragging on funding major CERP projects has
caused this very real problem. Congress also shoulders the responsibility for
cutting funding for critical pilot CERP projects, including one that was meant
to identify new technology to solve the aquifer storage and recovery (ASR)
problem (remember that SWAG?). Technology that was supposed to be developed for
pumping 1.7 billion gallons of water daily into the Floridan Aquifer. Yes, that still unknown technology, which was
slated by the Corps’s water managers to play a key role of the restoration
effort. But in mid-2005 the funding for even the ASR pilot project was
suspended and the entire effort is under critical scrutiny that may lead to the
financial trimming process. Which royally pissed off members of Congress who
correctly interpreted the State’s action as undermining what they had regarded
as a once-promising intergovernmental collaboration to favor its powerbroker
paymasters.
However, unlike Congress, which has failed to deliver
its promised funds, the State has kept paying its share of the CERP. Although
since 2000 Florida has ponied up more than $1.5 billion, about five times more
than the funds committed by Federal agencies to date, many Congressional
staffers and even Senators and Representatives have become skeptical about the
State’s hidden agenda, which many political insiders interpret as pushing key
water supply and flood control projects while leaving the Corps and the Federal
government with the far more difficult chore of fixing the ecosystem later on,
a not unrealistic scenario.
The State of
Florida, a professional when it comes to shooting itself in the foot, didn’t
help matters when it rolled back the agreed upon phosphorus pollution standards
and gave agribusiness powerbrokers another ten years to reach the ten parts per
billion standard. In August 2004, Friends of the Everglades filed suit in
federal court, alleging that the United States Environmental Protection Agency
failed to properly review recent (2003) State of Florida Everglades Forever Act
Amendments, failed to properly oversee the State’s pollution abatement
permitting efforts, and failed to close loopholes in the State’s pollution
regime that allow continued destruction of the Everglades. Another hardball
fired by players of the outside game. Then, in March 2009 the Florida Wildlife
Federation, Environmental Confederation of Southwest Florida and Save Our
Creeks, Inc., filed a lawsuit in U.S. District Court to compel the U.S. EPA to
set more protective pollution standards for Lake
Okeechobee and its tributaries.
So, we’re full circle in what has happened to the Everglades for more than 60 years. Promises and more promises,
followed by lawsuits and more lawsuits. That’s what the environmental groups
playing the inside game fell for a decade ago when they bought the CERP story
line and that’s still the case today. Seductive promises, come-hither panting
and heavy groping but no delivery. And the poison I mentioned previously: the
danger that the initially promised Federal funds for restoration will not be
available.
You have to remember that environmental groups are
just like people. They make mistakes, sometimes big ones. They have been known
to make very stupid decisions and to promote embarrassingly ridiculous claims
in public forums. On far more occasions than they would like to admit, they
have not always been on the side of the angels with regard to environmental
issues. So, let’s get down to the heart of the matter. On which side are the
angels? Anyone care to place a bet? Problem is we’re not talking about kitchen
table nickel-dime poker sessions. What’s at stake is no less than the future of
south and central Florida .