Showing posts with label rock mining. Show all posts
Showing posts with label rock mining. Show all posts

Thursday, September 29, 2016

Secrecy of the State: The Foundation of Gov. Rick Scott and the Florida GOP ... by gimleteye

A sinkhole recently opened under a waste pit owned by one of the state's biggest polluters, a phosphate mining company called Mosaic. For weeks, the company and the state of Florida kept the secret: that hundreds of millions of gallons of slightly radioactive fresh water had emptied from a waste pond into the sinkhole to god-knows-where but likely straight into the aquifer used for the regional fresh water supply.

Gov. Rick Scott is trying to respond ...

Thursday, April 21, 2016

Third District Court rules against FPL and Gov. Rick Scott/ Adam Putnam on siting new nuclear reactors at Turkey Point ... by gimleteye

Troubles at FPL's Turkey Point nuclear facility have been an enduring topic at Eye On Miami. This morning's news -- that the Third District Court of Appeals overturned Gov. Scott and the Cabinet's siting decision on two new nuclear reactors -- has the state's airwaves buzzing. We urge readers to go back over our archive to understand what is at stake. This is the second major court decision that has gone against FPL's polluting Turkey Point in recent months.

Unfortunately for FPL and its parent company NextEra Energy, the only aspect of its environmental problems at Turkey Point it can't cure with massive campaign contributions are court decisions. Yesterday's returned a predictably mumbled response from FPL. (Side note: the City of Miami gets a BIG shout-out for fighting FPL's horrendous plan to put hi-voltage power cables overhead, down US 1, and rotten tomatoes for the City of Coral Gables, whose attorneys cut a side deal with FPL -- inexplicably -- during the controversy leading up to the Gov. and Cabinet approving the now-discredited FPL plan.)

Our problems with Turkey Point aren't going away. First, there is the massive problem with the cooling canals, failed, at two existing nuclear reactors to which regulators and politicians, including the Miami-Dade County Commission, turned a blind eye for thirty three years. Wealthy rock mining executive Steve Torcise published, today, "State Regulators Must Hold FPL Accountable".
The company submitted information to the South Florida Water Management District in 1983 showing that a plume of hypersaline water had advanced nearly 1,000 feet beyond the cooling canal system — a condition they agreed to prevent in 1972. FPL and the state have failed at every opportunity to stop this contamination from advancing farther west. In 2008, FPL did nothing when we presented them with their own information documenting how the contamination stemmed from its cooling canal system. In 2009, instead of taking action, FPL convinced regulators it would monitor the situation, even though the plume had already grown substantially since 1983. While publicly denying the cooling canal system was causing any problems in 2010, FPL prepared an internal document outlining an extensive series of more than 30-plus possible corrective actions to stop the saltwater intrusion. But they never implemented any of these corrective measures.
It's a good read, and good to keep in mind how many tens of millions of dollars the rock miner is likely to receive in a taking claim against FPL.

Ratepayers ought to be so well organized. It should be well within the rights of law for FPL customers to claw back the early cost recovery fees they have been paying for the two new nuclear reactors which many believe will never be built, despite the fact that the Public Service Commission (Rick Scott appointees like Jimmy Patronis) keep shedding opportunities for the politicians to rake in cash. FPL and other electric utilities have been among Gov. Scott's biggest campaign contributors.

So what's next for FPL Turkey Point? The District Court remanded the siting case back to the Governor and Cabinet, all of whom -- especially Ag. Secretary Adam Putnam whose leadership from the dais blessed the now discredited, illegal plan -- deserve condemnation by voters. We tried highlighting these issues for voters prior to Scott's reelection in 2014. That, obviously didn't work so well.

Florida Third District Court rules against Florida Power and Light


There seem to me a couple of issues. FPL could resubmit a plan for the new power cables required by the planned reactors by burying the cables down US 1. Ratepayers across the state would ultimately shoulder the cost. Then there is the issue of power cables FPL wanted to string up in Everglades National Park. That's not going to fly. Period.

FPL's long term problem is the massive risk to South Florida from sea level rise, also noted by the Third District Court. Think about it: FPL's nuclear reactors are built high enough to withstand even ten feet of sea level rise in the future, but roadways throughout South Dade will be underwater -- stranding the reactors.

My wife and I have proposed a shareholder resolution, incorporated within materials for NextEra Energy's annual meeting in Oklahoma City on May 19th. (NextEra is the parent company of FPL. FPL is its (by far) largest business unit.) Our resolution asks the company to report on sea level rise impacts to markets, infrastructure and operations according to best available science.

The kind of best available science the company routinely shrugs its shoulders at, even when legal agreements are in place. The question for voters: when will voters finally throw out the elected officials who allowed FPL free reign? It is a very long list of elected officials, by the way, who will not stand up and be counted until voters do that for them.

Wednesday, November 04, 2015

Why is Miami Beach billionaire George Lindeman continuing to sue Maggie Hurchalla? by gimleteye

Nathaniel Reed, a prominent environmentalist, writes in the Palm Beach Post on the fruitless lawsuit waged by Miami Beach billionaire George Lindeman against a former Martin County Commissioner and Miami native, Maggie Hurchalla.

In "Point of view: Suit won’t alter fact: Lake Point can’t sell public water", Reed asks, "Why is Maggy Hurchalla being attacked through the legal system for telling the truth about Lake Point’s proposal to divert water from Lake Okeechobee and pump it into the firms’ excavations for storage?"

Lindeman -- one of the heirs to the Verizon fortune -- scooped up Biscayne Boulevard real estate before the boom swept up the area and sold off most, before the crash. He took a big piece of that wealth and invested in rock mining of a curious parcel of land at the southeast corner of Lake Okeechobee. Lindeman had no previous experience in rock mining: one of the biggest and most secretive and powerful in Florida. At the time, Lindeman told me that the Fanjuls -- Florida's black hat, Big Sugar billionaires -- had alerted him to the investment opportunity. Lindeman sought my support, as an environmental leader in Florida, for a plan to mine limestone in the area in exchange for putting a portion of the land in conservation protection.

I wouldn't have touched the issue with a fifty foot pole. The Fanjuls then, as now, are wealthy and sharp enough to control the levers of water management and water policy in Florida. With their co-cartel neighbors, US Sugar Corporation, the Fanjuls operate the state legislature as though it were a client state. In an early short story, F. Scott Fitzgerald wrote, "Let me tell you about the very rich. They are different from you and me. They possess and enjoy early, and it does something to them ... They think, deep in their hearts, that they are better than we are ... Even when they enter deep into our world or sink below us, they still think that they are better than we are."

From an environmental point of view, the problem with Big Sugar is that it squats on 700,000 or so acres that are critical to the future of South Florida's drinking water supply and to the hopes for restoration of America's faded glory: the Everglades.

Reed's OPED tries to illuminate what is really behind Lindeman's SLAPP suit against Maggie Hurchalla: a plan to establish a precedent to privatize Florida's water supply. (For background on Hurchalla, check our archive.)

With no experience in rock mining, Lindeman's investment appears to have foundered. The Fanjul's strategy for keeping government and environmentalists at bay has always included filing permits for other industrial activities on its former Everglades wetlands; from rock mining, to inland ports, railway transit, energy plants, power lines -- you name it. All, precursor activities to planting more suburban sprawl in the middle of the Everglades Agricultural Area -- a region of Florida that, for farmworkers at least, is desperately poor and a million miles away from the Palm Beach mansions and support systems of Big Sugar.

Did George Lindeman know what kind of hornet's nest he was stepping into, when he changed his business strategy to include "mining" Florida water? If he didn't, it is because he wouldn't take the time to listen.

The SLAPP suit against Maggie Hurchalla is premised on the outrageous notion that a private citizen interfered in governmental processes that should have protected Lindeman's ability to enter a contractual arrangement to sell water on his Lake Point property to a Florida municipality. That is not how Florida water law works. Under Florida law -- unlike states like Texas -- water is not private property. There are plenty of reasons that Lindeman and his Big Sugar allies, from the Fanjuls to the Texas King Ranch interests in Florida, would want to change that law. They would turn their wetlands, exhausted from growing sugarcane, into another way to mint money at the public expense.

Reed writes,
"Lake Point does not have a valid permit to obtain Lake Okeechobee’s water. Any competent Florida attorney knows that the “waters of the state” are owned by the “people” and are managed in trust for them by the five water management districts with oversight provided by the state Department of Environmental Regulation. I suspect that any plan to divert the lake’s water would also require permission from the U.S. Army Corps of Engineers with input from the U.S. Fish and Wildlife Service and the Florida Fish and Wildlife Conservation Commission. Why haven’t Lake Point’s owners pursued the necessary permits? Do the owners honestly believe that Hurchalla’s critique influenced the pertinent decision-makers sufficiently to cast their vague proposal in the scrap heap?

The concept of being permitted to store water during high rainfall events, holding it in pits and then selling the public’s water to counties and/or cities that have overgrown their own water supplies is not part of eastern water law. The sale of the public water by a third party simply is not permitted.

So why the SLAPP (Strategic Lawsuit Against Public Participation) against Hurchalla? Is there any evidence that she maliciously pointed out the fallacy of the Lake Point’s initial vague proposal?

Is there any evidence that her observations based on “common sense and years of homework” influenced decision-makers to critically review and tell Lake Point that their contract does not allow them to sell the waters of the state?

SLAPP suits were originated by developers, who, annoyed at public input on their plans, sought to muzzle any criticisms of their proposals. What if our Founding Fathers were sued for speaking out against the heavy hands of the Crown? Our country was built on citizens’ opinions, especially when Hurchalla’s opinions are supported by fact, undeniable facts.

The day responsible criticism is threatened by wealthy developers of controversial projects is a sad day in America."
George Lindeman has been immune to criticism about his lawsuit against Hurchalla. It has become an unseemly burden, though, and degenerating from stubborn unwillingness to change direction into a point of pride where cost is no obstacle. It is a shame because there is a lot of good in George Lindeman. Why he is bearing Big Sugar's cross is a mystery.

Friday, May 01, 2015

David vs. Goliath: some county commissions are persuadable still ... by gimleteye

Miami-Dade county residents who suffer through rock mining in their areas: pay attention to how civic opposition works in other counties. Some of the story is very recognizable.

Hernando Phoenix: David beats Goliath by Dorothy Famiano
April 29, 2015

Shouts of relief erupted throughout the Hernando Board of county Commissioners chambers Tuesday morning from a small but mighty group of residents that fought with every ounce of energy they could muster for more than a year in a David and Goliath battle.

The group in past weeks were starting to wear down when the final stone was catapulted in just the right spots and hit the giant right between the eyes.

Local residents were up against a powerful group of landowners, referred to as the fab five here in Hernando County. Additionally, they were up against a huge company with historical economic influence here in Hernando County as well although their base is in Mexico.

Friday, April 17, 2015

Florida: where anything protecting the public interest and inhibiting private profit is for sale … by gimleteye

As a Sierra Club leader in the 1990's and early 2000's, I was involved in the federal lawsuit -- ultimately won by environmentalists -- against the US Army Corps of Engineers for recklessly allowing the expansion of rock mining in West Miami Dade, adjacent to the historic Everglades and drinking water well fields serving more than 2.2 million residents.

Herald columnist Fred Grimm offers a compelling narrative, why the actions of two Republican Miami Dade state legislators from Hialeah -- Manny Diaz Jr. and Rene Garcia -- deserve even harsher condemnation.

Since Gov. Rick Scott appears to have shut off any dialogue with citizens and is only listening to special interests, it seems likely that the rock mining industry will get a free pass just like every other special interest in Tallahassee.

It used to be that everything in Florida was for sale that wasn't locked down. These days everything is for sale even if it is locked down. "Rock mining mitigates risks with political influence" is just a more polite way of saying so.

Fred Grimm: Rock mining mitigates risks with political influence
FRED GRIMM
FGRIMM@MIAMIHERALD.COM
04/15/2015 6:55 PM 04/16/2015 9:23 AM

The risks to our water and environment seem self evident. At least to those of us without a sweet and snuggly relationship with Miami-Dade’s rock-mining industry.

Situated in uncomfortably close proximity to both valuable wetlands and the wellfield that provides 40 percent of the county’s potable water, rock miners are blasting and hacking and hauling out prodigious quantities of limestone. Half the limestone aggregate used to build Florida’s roads, bridges, buildings and other construction is trucked out of that 77.5-square-mile area in the northwest corner of the county known as the lake belt region.

Digging that much rock out of a sensitive area comes with such calamitous potential that, over the years, the industry agreed to a series of mitigation fees to stave off government intervention.

Saturday, April 11, 2015

Eye on Miami Saturday Editorial Page. By Geniusofdespair

We go where the Miami Herald will not...on Saturday
Rock Mining - They clear the dirt and trees to get to the rock.
The rock miners dynamite the rock and make a bundle a ton -- and they make a lake as a byproduct. Remember our aquifer is very close to the surface, and it moves like a river under the lakes.

Miami Dade County wants to cut Rock Miners fees by 83%, that would be millions of dollars, they now pay to protect our wetlands (that they are destroying). Look to two nitwits Rep. Manny Diaz Jr. and Sen. Rene Garcia. If carpet bagger Rock Miners weren't already making a killing, I could understand but their profits are higher than ever and they are endangering our water supply working very close to our Northwest wellfields, just to send our rock to faraway places. One of the biggest rock mining companies is from Mexico.

Against the miners, SEN. Miguel de la Portilla (what??) and REP. Jose Javier Rodriguez.  Where are you SEN. Gwen Margolis?  Do you have any clout on this? Vote against this reduction.  They are already making a windfall strip mining our Western edge. And we all remember the now famous pink water incident...our water could be contaminated in an instant. Read the New Times Article I linked to on pink water. A very good read.

According to the Miami Herald
:
After a toxic plume of benzene appeared in 2006 in the county’s Northwest Wellfield, highlighting the wellfield’s increasing vulnerability from the expanding pits, a 15 cent fee per ton was added to improve water treatment.

Contamination can also move more quickly through water, said University of Miami hydrologist David Chin, so the lakes can act as giant mixing bowls spreading pollution even faster.
The rock miners have asked the Army Corps of engineers to EXPAND their mining area.
Will it never end?

OP ED: CORAL GABLES ELECTION TUESDAY, UPDATE BY FORMER CORAL GABLES COMMISSIONER MARIA ANDERSON:
I believe that it is better to tell the truth than a lie. I believe it is better to be free than to be a slave. And I believe it is better to know than to be ignorant. – H.L. Mencken
Coral Gables is at a crossroads in 2015. The present course with current Mayor Jim Cason is one that is littered in lies, conflicts of interest and poor judgment. That’s not what I want for my hometown, a place my family has lived in for 55 years, since we arrived from Cuba, and one that I served as Commissioner from 2001-2013.

Jim Cason continued to support Pat Salerno, the former City Manager who lied about just about everything, but most especially with the crime statistics, our safety.
In December 2012, the Manager falsified crime stats to the City Commission.
In April 2014, this same Manager was “retired” for lying again about the reporting of traffic accidents.

Jim Cason also approved an increase to Salerno’s retirement plan in September 2013. Taxpayers footed the bill, when Jim voted to increase the city’s pension contribution from 15% - 39%, and also added an additional 20 weeks of salary should he leave the city. And to add insult to stupidity, it was retroactive to January 2013. Just seven months later, the Manager left with a suitcase full of money, for lying. And still Cason called him a friend!

Jump? How High?
On April 2, Cason voted on first reading to allow a massive 1 million plus development that exceeds the current 16 stories allowed by code. It’s 19 stories and approved with a shortage of 600+ parking spaces. Considering the cutbacks in Fire Department staffing, the issues of public safety go truly unanswered. The developer has padded Cason campaign coffers, with $8000 dollars in the last quarter of 2014.

Wake up Coral Gables!

Cason has not had a single original thought in four years, and his arrogance is only exceeded by a poor command of the truth. Vote on Tuesday, April 14 and send Cason into retirement for good!

RUMOR, TRUTH AND GOSSIP:

The 3rd District Court of Appeal put additional sanctions on Johanna Faddis and her Attorney a few weeks ago. The Court found evidence of vexatious conduct and bad faith on the part of both Faddis and Mr. Patterson her attorney. Johanna Faddis worked for Former Commissioner Lynda Bell for years. She might still work for the county.

Bill "the Banker" Losner, who once pulled a gun on Lloyd Miller, has new digs in the keys.

 A VIDEO BY PHILLIP LEVINE OF MAYORS ON DESTINATION GAMBLING:


Sunday, January 25, 2015

From the ejectum of the Great Destroyers: County Commission backs off Ron Bergeron plan to jeopardize Miami-Dade drinking water … by gimleteye

"Mr. Everglades" Ron Bergeron had a plan to shrink the size of Miami-Dade's well field protection zone. Last November, we offered our acidic commentary about the petition to reduce its size. That is the opposite of what elected officials should be doing.

There is never an end to the war on the environment in South Florida. It is a battle of attrition lightly reported in the mainstream press between miners, sugar billionaires, developers, their lobbyists and proxies in elected office against neighbors, civic activists, and environmentalists. Those with profit motives normally prevail for the standard reasons. Until now, protections for the well field in Miami Dade County have been sacrosanct. Why are they being battered down now?

Of course, the Miami Dade planners have a rationale: "we don't need as much land as we thought we did when we expected to use much more water." But this flies in the face of the history of Miami-Dade begging the state to give it permission to draw MORE water. (And no where, by the way, has the county mentioned the need to preserve more fresh water supply for FPL Turkey Point's massive expansion plans: on the order of 90 million gallons per day.)

How the county and state government conspired to substitute highly engineered, chemically treated and expensive water for taxpayers in a region that once afforded the cleanest, most abundant fresh water in the United States for free is a long, winding and mostly unwritten story. (You can pick up the threads in our archive.)

The claim of developers and rock miners on the region called the West Dade well field is one of the starkest examples how baselines of what the public deems acceptable comprise between development and environmental protection are constantly shifting despite the best science and evidence calling for strict and stringent protections for our water supply. For example, during the term of county mayor Carlos Alvarez in 2006, evidence from tests by the USGS (US Geological Service) that underground water moved much more rapidly from the Everglades to the well fields, through faults and openings in the Biscayne aquifer, caused the rock miners to press their case to limit future financial exposure to water treatment costs by successfully ramming through the state legislature caps on their liability.

Apparently, our argument held. Last week the county commission listened to science and not bullshit sponsored by the Great Destroyers. Next step: county commission make clear that not a single dime of taxpayer money should be spent on the idea of shrinking the well field protection zone. Drop it, county commission!

The commission's first concern must be protect our drinking water quality and making nearby billionaire rock miners pay for the jeopardy their activities introduce to our water supply.

Wednesday, November 19, 2014

From the annals of the Great Destroyers: our Drinking Water in Peril … The County Wants to SHRINK the Wellfield Protectection Zone. By Geniusofdespair and Gimleteye

If you read one post this year: Make it this one. Some at the County may tell you that the push to update the wellfield maps came from litigation by Ron Bergeron/Kendall Properties Inc.

210 days (outer circle) my ass. More like a few hours

There is never an end to the war on the environment in South Florida. It is a battle of attrition lightly reported in the mainstream press between miners, sugar billionaires, developers, their lobbyists and proxies in elected office against neighbors, civic activists, and environmentalists. Those with profit motives normally prevail for the standard reasons. Until now, protections for the well field in Miami Dade County have been sacrosanct. Why are they being battered down now?

Of course, the Miami Dade planners have a rationale: "we don't need as much land as we thought we did when we expected to use much more water." But this flies in the face of the history of Miami-Dade begging the state to give it permission to draw MORE water. (And no where, by the way, has the county mentioned the need to preserve more fresh water supply for FPL Turkey Point's massive expansion plans: on the order of 90 million gallons per day.)

How the county and state government conspired to substitute highly engineered, chemically treated and expensive water for taxpayers in a region that once afforded the cleanest, most abundant fresh water in the United States for free is a long, winding and mostly unwritten story. (You can pick up the threads in our archive.)

The claim of developers and rock miners on the region called the West Dade well field is one of the starkest examples how baselines of what the public deems acceptable comprise between development and environmental protection are constantly shifting despite the best science and evidence calling for strict and stringent protections for our water supply. For example, during the term of county mayor Carlos Alvarez in 2006, evidence from tests by the USGS (US Geological Service) that underground water moved much more rapidly from the Everglades to the well fields, through faults and openings in the Biscayne aquifer, caused  the rock miners to press their case to limit future financial exposure to water treatment costs by successfully ramming through the state legislature caps on their liability.

For those readers unfamiliar, the West Dade well field is best observed from an airplane window seat on the approach to Miami International Airport. The large green, variously colored squarish lakes are rock mines. The rock is ancient coral reef that is not only the bedrock of South Florida, but the substrate used for cement and pavement in its many forms.

This limestone is extraordinarily porous. It is like a sponge or sieve. The reason that water from the Everglades was once so pristine -- requiring no treatment at all -- is that the sawgrass meadows and limestone beneath acted as a perfect filter. The reason so many ancient, indigenous tribes settled at the mouths of Florida's rivers (Miami River) and bays is that the interface between fresh and salt water provided extraordinarily abundant wildlife and (then) a limitless source of food.

Today, the Everglades are the background for bitter conflict between billionaire sugar growers, their proxies and lobbyists, and environmentalists. Over decades, these acid relationships have been smoothed out by government interventions that sadly fall short, always, of what the environment and ecosystem needs.

Until now, the West Dade well field has been isolated from that conflict. Why? Because what protects the Everglades also protects drinking water serving over 2 million residents and visitors. But the pressure of rock miners, land speculators, and developers on the well field is relentless.

Some of the worst, most congested suburban sprawl in Miami-Dade county is pressing up against the open space called the well field protection zone; determined to be the area necessary to provide enough filtration so that the water in our well fields is relatively clean. And they -- the Great Destroyers -- want more.

It would take a much longer report to describe what the well field protection area is sized as it is, and how the science of water quality and wetlands has imposed limits that developers now want to knock apart. After successive political victories at the polls, insiders have apparently determined this is the time to assault the well field protection zone.

Below are comments about shrinking the well fields protection areas (shown above) made by a host of Environmental Groups in response to the initial wave of attack against legal protections that have been supported, for decades, by county planning staff and experts.  Also read our previous blog on this subject from Monday.

These comments were sent to the County Commission as this well field protection area shrinkage will likely be scheduled for the December 16th meeting of the Board of County Commissioners.

The county is suddenly arguing that a big area of protection is no longer necessary because Miami Dade Water and Sewer is drawing less than permitted water from the wells. A smaller area would reduce the limits on developers (who may be failing agreed upon stipulations  regarding the impacts of their developments on the operation of nearby water drainage canals operated by the state.) A smaller area would also allow rock mining and development to blossom even further.

There are very good reasons the well field protection area should not be changed, and some of these are highlighted by engineering and environmental appeals to the county commission and county planners.


(view in Scrib)

Scientist on the Environmental Review Committee for the County:



Below: Complaint from Kendall Properties Inc. -This is a complaint from Kendall Properties against Miami-Dade County.  Some at the County may tell you that the push to update the wellfield maps came from this litigation. Ron Bergeron is Kendall Properties Inc.. We have a whole file on him. Rock mining, Republican, pretender of Everglades protection, he wrestles alligators for fun and headlines and drives a huge black Hummer trimmed in gold. His fortune is based on exploiting the arbitrage at the edge of the Everglades: rock mining, land clearing, construction and development -- he is the most visible advocate for letting developers determine what is best for the Everglades.

It’s also important to note that the west wellfield protection area that would be eliminated is in the Bird Drive Basin where expansion of 836 outside of the UDB is proposed.




Read on scrib

Also read BENEATH THE PINK UNDERWEAR in Miami New Times:
But beneath the pink underwear lay another story, which though less sexy, is much more important. It involves a complicated test by WASD, the Department of Environmental Resources Management (DERM), and the United States Geological Survey (USGS) to find out how quickly water moves through limestone near the Northwest Wellfield. The preliminary results of this test provoked nothing less than shock in the scientists who performed it. Their reactions had more to do with drinking water, taxes, and the multimillion-dollar limestone mining industry than with the color of folks' unmentionables.
And:
On the morning of April 22, one day before people noticed their underwear was stained, USGS scientists drilled a test well about 100 meters from the Northwest Wellfield and injected what is indeed a harmless dye known as rhodamine into the limestone. Based on previous DERM water models for North Miami-Dade, they expected the dye would take two to three days to appear. The first traces showed up in about four hours.

Next installment.... Beating a dead horse.

Monday, July 21, 2014

SLAPP suit against former Miamian Maggie Hurchalla draws a plea for financial help … by gimleteye

Miami billionaire George Lindemann Jr. has been engaged in a bitter lawsuit against one of Florida's environmental leaders, Maggie Hurchalla. Lindemann, a well-known Miami real estate developer, invested property he has converted to a rock mine at the edge of the Everglades Agricultural Area; Florida's black hole. According to Wikipedia, "A strategic lawsuit against public participation (SLAPP) is a lawsuit that is intended to censor, intimidate, and silence critics by burdening them with the cost of a legal defense until they abandon their criticism or opposition."

A 2008 issue brief to the Florida Senate notes, "What … distinguishes a SLAPP is that the apparent motive behind it is to prevent the SLAPP defendant from exercising his or her constitutionally protected right to petition or to penalize him or her for doing so. It is for this reason, opponents of SLAPPs argue, that the filer typically does not prevail in the action in court. The filer, however, may “succeed” if the litigation costs and time divert the SLAPP defendant from pursing the political activity that prompted the litigation. Because deciphering the motives of the plaintiff may be difficult, research and legislation on the topic of SLAPPs often focus instead on the nature of the conduct giving rise to the litigation in the first place (i.e., addressing a governmental agency)."

Hurchalla, a former Martin County commissioner whose suburban sprawl positions won her both admirers and then the enmity of Florida's pro-growth elites, is an environmentalist who grew up in Miami with siblings including former US attorney general Janet Reno. Lindemann according to Hurchalla has "an interesting history", including board leadership in the Bass Museum and as a major art collector. Although the family fortune derives from New York City cable TV -- the family is one of the largest shareholders of Verizon -- , Lindemann proved an astute investor in the early 2000s on Biscayne Boulevard and then looked north to the scramble for property rights at the edge of the Everglades for more lucrative opportunities.

The history how the state of Florida empowered developers to reach out and choke civic opponents of individual projects is one of those tales that deserves a book of its own, with SLAPP suits a central chapter. The book's theme would be how the gradual whittling down of legal standing for Floridians has been accompanied by an unbalanced grab for power by the state, by corporations and shareholders.

I am going to contribute to Maggie's "SLAPP-back fund" and I hope our readers will, too … The following words are Maggie's:

MAGGY’S SLAPP-BACK FUND PO Box 891, Stuart, Fl. 34995

In January of 2013 I became the subject of a SLAPP Suit filed by the Lake Point rockpit people. That’s a Strategic Lawsuit Against Public Participation. It’s something that developers do to shut down public discussion through fear of massive legal fees.

If you want to know about the grandiose claims for the project which is being marketed to Asian investors, go to:

Lake Point Capital Partners

After the rapid sell-out success of Lake Point EcoVentures Phase I Limited Partnership, the $10M/20 EB-5 investor loan-based program marketed in 2011, Lake Point’s principals and the General Partners of American Venture Solutions Regional Center decided to make a second $10M private offering, this one based in equity.

Now: if you look at most equity participation structures in EB-5 Projects, you will find that the EB-5 investor’s real capital stake is invariably diluted with administrative fees, inflated valuations, and the like. That’ s not how we do business. Instead, the 20 Lake Point Capital Partners EB-5 Limited Partners will own an 10% actual interest in Lake Point Holdings, which has appraised in excess of U.S. $100 Million. This dollar-for-dollar investment is not subject to balloon repayment and will not receive interest payments… it is instead intended for the true venture capital EB-5 Investor who wishes to remain alongside for the ride with the Lindemann Group until some point in the future when the Project is sold, merged, or otherwise liquidated. While no at-risk investment can guarantee solid returns, the historical success of the Lindemann Group is unparalleled in EB-5 offerings and offers a real, bona fide capital venture opportunity to participate directly with a Forbes group of investors seeking to maximize profit realizations for their investment in Lake Point.

The project originally claimed to be a polo club. Then it claimed to be the key to saving the Everglades and the Indian River Lagoon. Then they said it would sell water to utilities from Palm Beach County to Dade County.

I have loudly and publicly pointed out that it doesn’t save the Everglades or the Lagoon.

At this point Lake Point appears to be claiming that everyone knew that Lake Point always planned to transfer water from Lake Okeechobee through its Martin County rockpit and sell it to cities further south. It seems likely that when sales on rock fell, Lake Point focused on privatizing water from the Lake.

They are suing Martin County because the County is enforcing its land development regulations. Lake Point claims they are exempt.

They are suing me for “tortious interference” because they claim that I made the Water Management District and the County ask questions about their project.

My legal bills to date are $99,026.19. I expect Mr. Lindemann's lawyers have charged him over $1,000,000 by now.

I’m starting a legal defense fund now so I can continue to defend myself and continue to speak out about things that hurt the environment and hurt taxpayers.

In case I die and they can't sue me anymore, or I actually raise more money than is necessary, the Trust document for the Fund states:" Upon payment of all of my accrued legal expenses,any excess funds remaining in the Trust Fund shall be disbursed only to the Trustee or manager of a similar fund established fora similar purpose, that is, to pay for the legal defense of any person named as a defendant in a SLAPP suit associated with an environmental issue or to an organization that has as its primary function the defense of environmental issues or activities."

In Martin County, county commission candidates with financial ties to Lake Point are trying to unseat incumbent commissioners who have questioned the project. The challengers are making outrageous claims that the project owners are noble philanthropists who wants to save the Everglades and are being unfairly treated. No one is contesting those claims because no one wants to get SLAPPED.It's clear that if the two challengers are elected they will cease defending the County's comprehensive plan and let Lake Point do whatever it wants.

I will pursue counter claims. I’ve set up a website called slappmaggy.com where you can read all the gory details. I hope to have lots of information on it in a few weeks.

Someone has to stand up to bullies with too much money and not enough sense.

Donations can be mailed to: Maggy’s SLAPP-Back Fund, PO Box 891, Stuart, Fl. 34995

No donation is too small.

Thank you,
Maggy Reno Hurchalla
mhurchalla@hotmail.com

Tuesday, May 20, 2014

Professional Soccer in Miami: The Beckham tide shifts to the boat slip … by gimleteye

In a strategic shift keeping alive the media storm, the Beckham soccer group is backing off from the Port of Miami site to the boat slip next to the Miami Heat Arena -- a development that has yielded practically no fiscal benefit to Miami-Dade taxpayers at all.

Now readers, we are to understand the new preferred location for a professional soccer stadium will not diminish in any way the spectacular investment in an art museum by one of the world's leading architects next door.

Blocking the view of voters is what Miami elected officials do best. Am I being too pedantic?

Just look at Pepe Diaz, the uncontested county commissioner from West Dade, who has an agenda item today at the county commission (Item 3B2) for two "confidential projects" called "Gemini" needing a few hundred thou for which there is no description because they are presumably "top secret". 
RESOLUTION APPROVING CONFIDENTIAL PROJECT GEMINI AS A TARGETED JOBS INCENTIVE FUND PROGRAM BUSINESS PURSUANT TO THE CODE OF MIAMI-DADE COUNTY, FLORIDA, CHAPTER 2, ARTICLE LXXXVI, AS MODIFIED BY ORDINANCE NO. 11-08; CONFIRMING THAT THE COMMITMENT OF INCENTIVE AWARDS FOR CONFIDENTIAL PROJECT GEMINI EXISTS; PROVIDING AN APPROPRIATION OF UP TO $269,688.00 FROM GENERAL REVENUE FUNDS FOR FISCAL YEARS 2015 THROUGH 2025 WITH THE PROVISION THAT ANY TAX INCENTIVE GRANTED TO CONFIDENTIAL PROJECT GEMINI UNDER FLORIDA STATUTE 196.1995 REDUCES ANY TARGETED JOBS INCENTIVE FUNDS AWARD TO CONFIDENTIAL PROJECT GEMINI BY THE AMOUNT OF ANY SUCH TAX ABATEMENT GRANTED; AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO MAKE NON-SUBSTANTIVE MODIFICATIONS OR TO MODIFY THE JOB CREATION AND DISBURSEMENT DATES TIMELINE, AND TO EXECUTE ALL CONTRACTS, AGREEMENTS AND AMENDMENTS, AND PROVIDING FOR AN EFFECTIVE DATE(Regulatory and Economic Resources)
To boring or verbose? LOLZ.

The traffic cluster@#k resulting from the proposed stadium site is, apparently, of no concern to Miami-Dade mayor Carlos Gimenez who boosted the idea to Beckham to get powerful cruise ship executives off his back.

Nor is there any mention that the only way to fill the 25 acre parcel and compact it so the foundation will hold is to excavate more Everglades wetlands, then use the same roadway for thousands of truck hauler trips to haul limestone -- that will have to be thoroughly washed with fresh water -- to Biscayne Boulevard which was why we built a $900 million port tunnel in the first place.

At least the rock miners in West Dade and lawyers will be happy.

Tuesday, March 25, 2014

Strip Mining West of the Urban Development Boundary? By Geniusofdespair

The Face of the rock miners, Kerri Barsh of Greenberg Traurig (representing several national rock mining companies), with County Commissioner Lynda Bell

As you merrily drive along the Florida Turnpike in Central and North Miami Dade County you pass a lot of foliage on the west side of the road. You really don't know what is going on back there behind the foliage. Once in a while you get a glimpse of a lake (really a rock pit) from your car, but you don't know of the extent of of the Rock Mining being conducted on the other side of The Urban Development Boundary, west of the turnpike. I am going to show you here!!! It was originally thought by some environmentalists (Karsten Rist) that the rock pits would create a buffer from development. No one knew the monster they were creating near our West well fields serving over a million people with drinking water. The pink underwear article (link below) gave us a glimpse of the danger.

You all have some idea how much rock is leaving our rock mines as you wait for those long, long, trains mostly at night. Every night! Be aware of what is  going on.  The rock miners, many of them foreign companies (Cemex), are making a fortune on our rock and leaving great big holes in their place ripe for contamination. Here is picture gallery. KNOW WHAT IS GOING ON AROUND YOU!!! This is now happening on the way to the Florida Keys and Lynda Bell has great support from the rock miners down there.

The lake with the arrow is below. It gives you some idea of the size of these rock pits.

 
See lake belt above with this lake pointed out.
Here is what it looks like beyond the foliage:


Blasting, creating giant holes that can contaminate our well-field, that is what is going on West of the Florida Turnpike. And where is all that rock going on those trains? Ask yourself that?

Here is a very good paper on the Rock Mining issue from the Geological Society of America.

Also read Beneath the Pink Underwear. Very good article in New Times. DO NOT MISS IT. Gimleteye - aka Alan Farago - is quoted in this important article.

Saturday, February 01, 2014

Palm Beach Aggregates, a blast from the past … by gimleteye

The excavation of the public interest by the rock mining industry in South Florida was the subject of a major federal lawsuit in the 1990's, eventually won by Sierra Club and the Natural Resources Defense Council. The battle was won. The war was lost to the Great Destroyers, who successfully chew up Everglades wetlands to further the aims of land speculators, suburban sprawl, highway construction, malls and more branches of failed banks (cf. US Century Bank) whose lobbyists work hand-in-glove with zoning and transit officials and county commissioners.

Not far away, in Palm Beach County, in the early 2000's a plan took hold to use a big rock mine for Everglades restoration purposes -- much to the dismay of environmentalists who have bitterly complained for decades that the answer to restoration was not artificial solutions but restoration of lands in sugar production to cleansing marshes.

Andy Reid at the Sun Sentinel takes another look at the reservoir called the L-8 in west Palm Beach, but spends only a brief sentence on the controversial origins of this property for "restoration" (leaving out the politics; of Jeb! Bush authorizing its purchase to reward wealthy campaign contributors, as one of his first acts as governor, establishing a precedent for land appraisal/purchase price that was outrageous then as it is now; on the order of hundreds of thousands of dollars per acre for lands that had never sold for more than a few thousand.)

For the background on the Sun Sentinel story, read EOM in the archive section, or here specifically in 2009.

BTW, this deal did not just "oust" two Palm Beach county commissioners from office: it sent them to federal prison. Remember?


Revived Palm Beach County reservoir making progress

By Andy Reid, Sun Sentinel
Mon Dec 30 2013


The extended arm of a crane peeks above the lip of a nearly mile-wide hole, which reaches about 50 feet deep.
A slow parade of trucks and big-wheeled construction vehicles descends into the worksite below, pumping out water and spreading concrete at depths usually not reached in swampy, flat South Florida.

After years of delay, progress is being made on the $64 million project to get a reservoir west of Royal Palm Beach pumping water south to replenish the Everglades.

"Nobody appreciates the size until they see it," said Gregory Coffelt, principal engineer for the South Florida Water Management District. "It's pretty mind boggling."

While the water-storage portion of the reservoir was completed back in 2008, the pumps, levee upgrades and other infrastructure improvements needed to get water flowing were left undone - hampering the ability to put the reservoir and its water to use.

Now after years of budget delays that slowed construction and controversies that dogged the project, the district expects to have the reservoir fully operational by 2016.

Wednesday, November 20, 2013

UDB Hearing Today and Does Incorporation Breed Corruption? By Geniusofdespair

Kerri Barsh
There is a hearing about the mall in our wellfield that would move the Urban Development Boundary.  The wellfield part is particularly offensive. It is our water supply. Reelection time is approaching, it won't pass. Although I suppose this is the hearing about whether or not to forward it to the DCA. "I just want their professional opinion" the commissioners will say. That gives Commissioners cover. Expect an impassioned speech by Lynda Bell trying to redeem herself of the Don't Fence Me In scandal. Since Carlos Gimenez said he would not support it and the rock miners are against it, I think it is dead. But, it gives them all a chance to make speeches. I am surprised Turnberry hasn't pulled it. They might still, if they are smart.

You will have the opportunity to get me very good pictures at this event.  I would love photos of lobbyists huddled together or talking on their cell phones in the ante-chamber. It is fun to take them. As they see you approach they will start moving away, you can get them to circle the room a few times. Lots of fun.  Please get me some photos attendees. I will post them tomorrow.  Also need a photo of what rock mining lawyer queen Kerri Barsh is wearing. That photo is just because it amuses me. She will be there.  Lobbyists, you can take them of your enemy lobbyists.  I need photos!! Send them to geniusofdespair@yahoo.com

UPDATE ON UDB HEARING 10:30: IT WAS PULLED AS I PREDICTED AND LYNDA BELL WAS ABSENT. PEPE DIAZ OBJECTED TO IT (PROBABLY BECAUSE OF ROCK MINERS) AND JEFFREY BERCOW  AGREED TO PULL IT.

In other news, lets looks at City mayors.  
Aventura: Susan Gottlieb is just a total idiot and rude and dismissive to constituents and a Soroka puppet (her city manager).
Miami Beach: Phillip Levine banned the press from some events and does Slapp Suits.
North Miami Beach Former Mayor Myron Rosner: Arrested.
North Miami Mayor Lucie Tondreau: Office was raided in absentee ballot probe.
Doral Mayor: Out of his mind.
Sweetwater Former Mayor: Plead guilty.
Miami Lakes Former Mayor: Arrested
Homestead Former Mayor: Arrested.
Florida City Mayor: No one is talking.
Medley Mayor: Doesn't have a clue.

To me, this could possibly be a case AGAINST incorporation. Although, maybe Katherine Fernandez Rundle and the Ethics Commission only have the balls to go after mayors, sparing commissioners.  I know a lot of ethics decisions that give commissioners cover for bad behavior.

Friday, March 09, 2012

Zero-Rated US Century Bank is "Toast" ... by gimleteye

Bauer Financial Ratings came out with its year end evaluation. How is US Century Bank, faring? I asked a local banker who summed it up in one word, "toast". The bank has been looking for an investor for months. 

During the boom-boom years, the directors led by Sergio Pino and Ramon Rasco allowed the institution to operate as a piggy bank for insiders. No questions asked. But we are asking questions now, and not because we want to learn how to run a bank into the ground. We are asking questions now, because back then all the concerns expressed by environmentalists, community activists, and neighbors of the senseless march of suburban sprawl and rock mining westward to the Everglades were ignored by the power structure dominated by lobbyists and speculators.

Back in 2003 Hold The Line, the movement to stop the pressure by speculators to speed the Urban Development Boundary westward, funded a public opinion poll of West Dade residents for the benefit of educating County Commissioner Joe Martinez. Martinez took the results of the poll, showing that the vast majority of respondents did not want more traffic, more development, more congestion and overcrowded schools, and threw them in the trash. 

During the housing boom when US Century Bank rocketed skyward, common sense and concerns for communities, parks and the environment was shoveled to the side to make way for condos and sprawl, the entire purpose of local government was turned over to the Great Destroyers. Using statistics built from pipe dreams, lobbyists persuaded elected officials to do their bidding. 

They are doing exactly the same thing today. The battle for the Urban Development Boundary, through which the board of US Century Bank and others expressed their influence at County Hall, and the collapse of demand despite all the wonderful projections of the Latin Builders Association demonstrates the phenomenon known as "government designed to fail". 

Truth be told, there has been no penalty--none--for its perpetrators. With the exception of VNS, the incumbents remain in office, buoyed by a campaign finance system dominated by speculators. The top lobbyists believe they control the fate of the Urban Development Boundary. Ask Commissioner Xavier Suarez: who controls his proposal for a moratorium on applications to move the UDB? It is the same lobbyists, not common sense, not conservationists, not professional planning staff at the county.

It might help if the public knew whose insider loans are burning pits in the US Century Bank balance sheet. We suspect they are mortgages issued to directors and family of directors at the urban fringe where rock mining and crappy subdivisions, now ghost towns, litter the landscape. 

According to ProPublica, while environmentalists were racing to stop repetitive incursions against the Urban Development Boundary, "... during 2005, the bank had one of its most prolific periods of insider lending; it was in the top quarter of 1 percent, ranking 20th out of 7,954 commercial banks in the nation at the time." (For the underlying politics, read our archive under "housing crash".)

Maybe those insider loans of US Century Bank are for land on Krome Avenue that had environmentalists tied up fighting the state DOT for many years. We haven't heard from US Century Bank director Rodney Barreto for a while: Barreto, a Jeb Bush consigliere, was a principal driving force behind the widening of Krome. In addition to safety and a family tragedy on the road, Barreto also owned a considerable amount of property there. US Century Bank accuses ProPublica of "a very negative agenda". Someone with Barreto's understanding of local politics could explain what Bauer Financial Rating means when it assesses non-performing assets as a percentage of Tier 1 Capital at 428.9 percent. Whose negative agenda, is that?


Wednesday, February 15, 2012

Proposed CDMP Amendment by the Damn Rock Miners. By Geniusofdespair

In the October 2011 cycle for CDMP (Comprehensive Development Master Plan) changes the rock miners are trying to chip, chip away at our safeguards.

They are trying to get rid of the language that calls for a super majority of the County Commission to approve EXPANSION of existing ROCK MINES. This is a toxic change.  I can't keep up with all the crap going on. Cemex's Application 4 is a text amendment it will be heard at  a Planning Advisory Board hearing on February 22nd at 2pm.


Also on the same cycle is the Brown Application change in use from WHAT THEY PROMISED and agreed to - to get the approval to move the UDB line - to include residential. 

This will be heard March 8th by a Community Council 11 (West Kendall).

Sunday, February 05, 2012

Commissioner Barbara Jordan's Campaign Report. By Geniusofdespair

As you can see in this January 4th Eye On Miami post, Barbara Jordan voted to approve a rock mining application for 411.85 acres by Santa Fe Haciendas. Shoma Homes' Masoud Shojaee owns Santa Fe Haciendas.

Here is a portion of County Commissioner Barbara Jordan's campaign report with $2,500 coming from Shojaee a couple of months BEFORE the vote. County Commissioner Bruno Barreiro also got $2,500 from Shojaee and he voted the same way as Jordan: In Favor.

I found Jordan's donations from the Shoma Czar more egregious as she only collected $17,650 so Shoma's money was a very big chunk of her donations.

Wednesday, January 18, 2012

Miami Herald Puff Alert: "For info on Miami, Fed looks to elite group" ... by gimleteye

The Miami Herald has a gauzy puff piece on the directors of the Federal Reserve Bank of Atlanta's Miami branch; "There are 800 economists in the Fed system, but monetary policy is really done by getting anecdotal information in real time" in such sectors as tourism, agriculture, auto sales, real estate, and more (regional executive) Juan del Busto said, 'That is where the directors come in.'

Some job they do, interpreting "anecdotal information". If Miami was the nexus of the economic disaster twinned with political impulse -- through the housing bubble and massive fraud beginning with the simply mortgage and straight through to financial derivatives-- the local Federal Reserve board in Miami surely played its part.

There, among today's directors: Leonard Abess-- banker and environmental philanthropist who never once gave money or effort to protect the Everglades from the impacts of suburban sprawl. Eduardo Padron, who could pick up the phone and call his counterpart at Florida International University and ask-- please don't aid and abet the effort by FIU to move the Dade County Fairground into the Bird Drive Basin: the area rock miners were supposed to mitigate in return for destroying Everglades wetlands. (In 2009 we wrote about Abess, here.)

But this is too much knowledge to convey in the Herald or a single story. Now, on the Federal Reserve and its horrendous performance on the US economy, go to the following story that appeared recently in the NY Times: "Inside the Fed in 2006: A Coming Crisis, and Banter". After a statutory five year delay, minutes of the Federal Reserve meetings as the nation plunged into the worst crisis since the Great Depression reveal the nation's top economic officials about as competent as the captain who drove the cruise ship onto the rocks off the coast of Italy.

"It's embarrassing for the Fed," said Justin Wolfers, an economics professor at the University of Pennsyvania. "You see and awareness that the housing market is starting to crumble, and you see a lack of awareness of the connection between the housing market and financial markets." Miami was filled -- FILLED-- with economic experts and elite who believed the bubble was not made of latex, but "stainless steel". They had the ear of the Fed.

And earlier. Back in the late 1980's, William H. Losner-- the Homestead banker who urged on the housing bubble and actively lobbied against Everglades protections-- was a member of the Miami branch of the Federal Reserve Bank of Atlanta. It was Losner who had earlier assaulted (and ought to have been arrested for doing so), one of the environmental icons of South Florida, Lloyd Miller. Miller was standing up for Biscayne National Park and he was physically attacked, for it.

Oh, what is a poor taxpayer to do with facts like these? Certainly, not read them in the Miami Herald.



Thursday, January 12, 2012

Wetlands in South Florida: a case of the runs ... by gimleteye

As president of Friends of the Everglades (note: at our request, there will be a status conference in the Miami courtroom of federal judge Alan S. Gold this morning, more than a year after the U.S. EPA and State of Florida pledged to expedite "enforceable remedies" according to the 2008 ruling in favor of Friends and co-plaintiff, the Miccosuckee Tribe), I know something about wetlands. For those who may be unaware, South Florida was once ALL wetlands except for the coral ridge; ie. Coconut Grove. We are fighting to maintain the environmental integrity of less than half the remnant wetlands; most is under federal and state protection, but a significant area-- influencing the East Everglades and Biscayne Bay-- is under county authority.

So I have been deeply concerned that the radical revolution undertaken by the Rick Scott administration and the GOP in Florida to "streamline" environmental regulations by eviscerating state authority in favor of local jurisdictions would cause a bloodbath. Last year, the Florida legislature-- endorsed by Scott-- took a cudgel to 40 years of regulatory authority under the cover of jobs! Never mind that a majority of Florida voters, in 1996, passed an amendment to the state constitution requiring the polluters to pay for the destruction of Everglades wetlands: it has never been enacted by the legislature.

Miami-Dade is a place where environmental protection is always elevated to a boil. That's because we have Biscayne National Park on one side, and Everglades National Park on the other: both are severely threatened and have already suffered massive losses of habitat and wilderness values. Furthermore, we have a local political culture that glorifies corruption; whether it is Medicare fraud (the highest in the nation), mortgage fraud (Homestead, anyone?), or environmental fraud (Miami-Dade police, anyone?). Fifteen years ago, an environmental champion-- the late Congressman Dante Fascell-- told me it would take 40,000 agents from the Federal Bureau of Investigation to clean up Miami-Dade County. It will take you years if you want to get a dock permit in Miami-Dade, but if you want to destroy wetlands, you can do that with a snap of your fingers-- especially if you are politically connected.

The frustration is widely shared and boiled over at the recent annual Everglades Coalition Conference where a younger and less patient generation, represented by Everglades First!, demanded the resignation of the long-time head of Florida Audubon. It was a rare and notable moment. What the protest contains is the fruited seed of environmental failure in Florida on a massive scale, ubiquitous as mercury in the atmosphere making us all dumb as ox.

The big political lie, and one replicated across the states, is that environmental regulations at the federal level should be killed. This is manifest in the central plank of the current, virulent strain of Republicanism: that state authority is always better than federal authority and that local authority is better than the state. It is also the worst aspect of Libertarianism.

We have evidence to the contrary, and we have blogged about it for five long years: the "unreformable majority" of the Miami-Dade county commission. This -- the local level-- is the locus of political power that is supposed-- according to the GOP-- to best protect the public health, welfare, and environment. The list of reasons this logic is false is nearly as long as our archive, but for the sake of brevity, we can start with the South Miami-Dade Watershed Study.

To make a long story, short: several years ago, Miami-Dade initiated-- with the support of the South Florida Water Management District-- the most comprehensive and costly effort to plan future water use and development in the nation. It also involved thousands of volunteer hours of a committee; balanced in favor of farmers/land speculators, rock miners and the construction industry, but nonetheless included a few environmental representatives. After the committee submitted its final report, it was killed by the builders through their proxy; former county commissioner (the Queen of Mean) Natacha Seijas. The report sits on a shelf.

Yesterday I attended yet another iteration of "local control", GOP-style. It was a meeting held in a 2nd floor conference room of the former environmental agency re-branded as a result of the election of Miami-Dade Mayor Carlos Gimenez. It doesn't have the name or the mission to protect the environment. The Miami Dade Wetlands Advisory Committee was hastily assembled by a new county commissioner, Lynda Bell, who had replaced the most reliable county commissioner (of 13) for the environment; Katy Sorenson. Bell's representative on the committee is Alice Pena, who encapsulates a strand of anti-environmental and anti-Everglades fervor that can be traced back to the 1980's and the Reagan Revolution manifest as the Wise Use Movement and the Sagebrush Rebellion; strongly supported by Big Sugar. In the audience, James Humble who made millions speculating on land with partners in the East Everglades.

There is not a single environmental representative on the committee charged with recommending changes to Miami-Dade's wetlands regulations. The committee is filled with lawyers and industry representatives determined to drive the point home, now that the State of Florida has essentially surrendered its own regulatory authority. It is every man and woman for him or herself, the environment be damned.

The representatives from the U.S. EPA and Florida Department of Environmental Protection-- who will be in Judge Gold's courtroom this morning-- ought to have been required to sit through yesterday's meeting and the meetings to soon take place. They would see the shambles being made by the radical revolution hiding behind the skirts of an historic economic crisis. In the view of the politically powerful, the housing bust-- and resultant loss of tax revenue-- is an unfortunate cyclical event. From the point of view of environmentalists, it was the predictable result of failing to adequately assess costs when they are incurred through growth-- including the massive loss of wetlands-- and instead shift the social costs to the benefit of private businesses. Our economic woes were substantially fortified by the same forces who remain in control of the levers of power in Florida and in the county. Accountability? A myth. Yesterday, after an hour I fled.

This morning I feel a little better. Judge Gold's hearing is three hours away.

Wednesday, January 04, 2012

The Rock Mining Law Suit. By Geniusofdespair

Please note correction: JAVIER SOUTO WAS A "NO" VOTE. Rebeca Sosa joined the bad group with a YES.


Yesterday the Miami Herald featured a fine article by Andres Viglucci on a lawsuit brought by neighbors and environmental groups against the county for approving a rock mining application in October for Shoma Homes' owner - bigwig campaign contributor Masoud Shojaee. He bought the land to develop it for sprawl housing. When the market dropped so did his dreams for another Shoma giant development. He decided to rock mine the land to get some money out of it and cut his losses so he apparently made a product purchase and sale agreement and lease for the land to Rinker (Now the Mexican company Cemex) for rock mining.

County Commission Final Vote on the Shojaee application for Santa Fe Haciendas land:
Barreiro, Bell, Bovo, Diaz, Edmonson, Heyman, Jordan, Martinez, Monestime, Sosa were all: YES to approve the stupid plan to give Cemex a special use permit.
Lakebelt Moss is referring to.

Commissioners Moss, Sosa Souto and Suarez voted NO.

Moss said about the application: that approving it could allow the mining industry to get out of control. He was concerned that “we could have another lake belt potentially in southwest Miami-Dade County.” He has a brain at least.

The lakebelt is just a bunch of holes dug to extract limestone rock for enormous profit. The land left in the lakebelt is now good for little else except providing a vehicle for bacteria and dangerous amoebas to enter the shallow aquifer and infect our drinking water.

The Herald said:
The suit, filed by attorney Robert Hartsell, contends that in doing so the commission violated the county’s own comprehensive development plan, which has set aside that land exclusively for agriculture or compatible uses. According to the suit, that means the county has violated state law, which requires localities to abide by their comprehensive plans.

Environmental Groups party to the suit are: Tropical Audubon, 1000 Friends of Florida and Clean Water Action. Charles Pattison, President and CEO of 1000 Friends of Florida, notes that “the comprehensive plan is very specific as to where it does and does not allow new mines. This approval is clearly inconsistent with the provisions of the Miami-Dade Comprehensive Master Development Plan.”

Tuesday, December 20, 2011

Wetlands Advisory Task Force Meeting: TORTURE! By Geniusofdespair

The only thing worse than going to Lynda Bell Wetlands Advisory Task Force meeting is going to an Army Corps of Engineers meeting when you don't know the acronyms. The Army Corps are all about acronyms. They speak in them and they use hundreds of them at every meeting, such as:

IPR - Independent Peer Review
ITR - Independent Technical Review
LERRDS - Land Easements Relocations Right of Way & Disposal Sites
EDEN - Everglades Depth Estimation Network
EDR - Engineering Documentation Report

Bad Dresser Kerri Barsh
They never explain the acronym so you are lost before you begin. They might say a sentence such as "EDEN has determined the LERRDS and has submitted an EDR with an IPR." And you say to yourself: "Huh?"

At the meeting yesterday, it was not that I was lost...it was that I was so bored I could have torn every hair out of my head. They spent 3 hours discussing the smallest points, it was a bonanza of minutia. One particular woman on the panel was super annoying, parsing every word. She was a lawyer, no surprise. Seemed like she was working on getting concession for clients, not working for the good of the public. Shame on you lady if that is true.

Another Lawyer (from Greenberg Traurig), Rock Mining's Kerri Barsh was on the edge of her seat listening intently, taking reams of notes and texting away. Oh, it would have changed things if I were paid to be there like her. Maybe then I wouldn't have been watching the clock, tick, tick... Why was Barsh there? What do you think readers? Trying to get concessions to benefit super wealthy Rock Miners of course, at our expense.

Ed Swakon - Engaged in the Proceedings
Barsh does have a passion for radical print dresses.

Then there was Ed Swakon, Engineer of choice for developers and rock miners. He is a thorn in the side of every environmentalist. Once at DERM he knows every trick to play against them.  He works for  a rock miner, a big campaign contributor to Lynda Bell's campaign. Ed looked more like me...bored.

I wrote some comments about the meeting...nothing earth shattering, hit read more to see edited version: