Barbara Lange (Sierra Club) Brad Sewell (NRDC)

On March 22, 2006, senior federal district court judge William M. Hoeveler ruled that the U.S. Army Corps of Engineers (Corps) and the U.S. Fish and Wildlife Service (Service) violated multiple federal laws, including the Clean Water Act, the Endangered Species Act and the National Environmental Policy Act (NEPA), in approving permits to mine limestone in more than 5,000 acres of Everglades marsh in northwest Miami-Dade County.

The case was originally brought in 2002 by the Sierra Club, Natural Resources Defense Council, and the National Parks Conservation Association. The federal court is now in the process of determining the appropriate remedy. The environmental and public health violations cataloged by the federal court in its 185-page decision are significant, involving the fate of ultimately 30 square miles of Everglades wetlands and wildlife habitat proposed to be converted into mining pits, the adjacent Everglades wetlands in Everglades National Park, the Pennsuco area and state-owned Water Conservation Area 3B that will be drained by the mining pits, and even the safety of Miami Dade County?s most important wellfield, which is in the process of being encircled by the massive mining project.

Concerning the threat that the mining pits pose to Miami Dade County?s drinking water, the court determined that the ?Corps approved mining in close proximity to the Northwest Wellfield before the risk of contamination had been studied adequately or sufficient data had been collected [and despite] clear evidence from the scientific reports in [the court] record which expose the risk of contamination, and the Corps? regulatory duties to protect the environment.? Order on Motions for Summary Judgment, March 22, 2006 (Order) at 65, 69. The limestone mining ? and the deep open pits ? exposes the Biscayne Aquifer and compromises the natural filtration processes that assure a highquality drinking water supply to 40% of the County?s residents. There is currently no treatment in place to protect citizens from deadly microorganisms such as Giardia and Cryptosporidium. In 2005, the carcinogen benzene was detected in the water supply and a benzene plume found adjacent to mining lakes; the fuel-based blasting emulsion used in the lakes suspected as the source.

Concerning destruction of the Everglades and its habitat for endangered species, the Corps and the Service ?failed to carry out their duty to protect the federal wetlands and protected species ? placed in their care by Congress ? from private exploitation to the detriment of the public interest.? Order at 183. The Corps specifically ?fail[ed] to include accurate scientific analysis regarding an endangered species known to be within the area of the proposed mining,? Order at 75, and ?failed to report, or even account for, the foreseeable loss of wood stork habitat.? Order at 122.

Concerning increased seepage from the Everglades caused by the mining pits, ?rather than providing an adequate evaluation, backed by ??accurate scientific analysis? the Corps postponed examination of the seepage question indefinitely and, essentially left its NEPA obligation for a future time.? Order at 73. The court paid little heed to the perverse arguments made by the Corps and mining industry that mining is necessary to restore the Everglades, i.e., that we must destroy the Everglades to save it, and pointing to proposals as part of the Comprehensive Everglades Restoration Plan (CERP) to eventually use (around 2035) approximately 9,000 acres of the future mining pits for the ?Central and North Lake Belt Storage Areas.? These as-yet unauthorized components of CERP have been criticized as extremely expensive (almost one billion dollars), technologically infeasible, and likely to be plagued by poor water quality.

The Current Remedy Proceeding. Following the court?s ruling, the Corps agreed to conduct a new comprehensive environmental study, or EIS, and to reissue the permits. The agency however refused to revoke or modify the current permits in the meantime. As a result, and at the request of the mining companies, the federal court is holding an evidentiary hearing to address the question of what restrictions, if any, should be put on mining activities during this interim period. All parties are being provided ample opportunity to present their case; the hearing is likely to last through much of the summer. The environmental groups have asked the federal court vacate the illegal permits, the traditional relief in cases like this. The groups believe that this will provide the opportunity to ameliorate any economic impacts, as the Corps would still have the discretion to reissue permits for mining at sites that do not pose public health and environmental harm (e.g., existing sites far from the wellfield and in highly-degraded wetland areas). The environmental groups contend that they do not seek to stop or restrict mining for its own sake, rather they seek to ensure that mining occurs consistent with environmental and public health protections.

In addition to arguments of economic harm, the Corps and the mining industry have made arguments that all the problems with the mining plan have already been fixed ? an interesting argument given that these parties also continue to deny that any such problems existed in the first place, as well as making the purpose of the upcoming environmental study seem superfluous. The agency and industry point to legislation pushed through by the mining companies in the final days of the last State legislative session that (a) imposes a per ton fee to go towards paying Miami Dade County for a treatment plant upgrade, and (b) increases the per ton fee for wetlands mitigation (the original fee has proved too low by a factor of ten). In both cases, however, the fees are far too low and, not surprising given who drafted the legislation, rely upon thousands of acres of additional mining occurring.

Jim Mehalyak (reprinted with permission from Solar Today Magazine)

My solar experience goes back to my days with the Coast Guard. The Aids to Navigation Team would bring back 11-watt solar panels, used on buoys and damaged by boaters, to dispose of them. I brought some home that were cracked and full of barnacles. I placed them on my roof and charged a marine battery that ran my flagpole light and Malibu driveway lights. That was just the beginning.

I now have 3 kilowatts of 24-volt BP Solar panels, 24 L 16 batteries, a Trace 4024 inverter and a Whisper H80 wind turbine. I?ve installed an 80-gallon solar water heater with a Bosch propane backup and energy-efficient appliances. A separate 300-watt photovoltaic system powers my outside rope lighting, compact florescent and floodlights, a flagpole light and, during the holidays, 1,000 LED Christmas lights. For winter heating on cold Florida nights, I bought a woodstove insert for my fireplace.

My neighbors thought I was crazy to install solar systems, incurring the associated costs and holes in my new roof. But in the past two years alone, we were hit by three major hurricanes ? with power out for a total of three weeks. Guess who came over to enjoy ice, refrigeration, hot showers and clean laundry? My neighbors. This year the neighbors bought gas-powered generators. But they came back when the gas pumps ran dry.

Florida Power & Light powers only my central A/C, lawn sprinkler and pool pump. I have decreased the monthly electric bill for my 3,000 square feet of living space from $175 to $18 in winter months and $300 to $60 during summer. Meanwhile, the power company has increased our bills by 18 percent and because of denied proposals to build a coal-powered plant in our county, we may see brownouts or rolling blackouts soon.

Not at my house!

Jim Mehalyak lives in Port Saint Lucie, Fla., and serves as the deputy sheriff in Martin County,Fla. Contact him at mehalyakj@be llsouth.net. After installing RE and energy- efficientappliances, Mehalyak reduced his monthlyelectric bill from $300 to $60

Stephen Mahoney

This was held at the Gwen Margoulis Center on Wednesday April 19th. This session was held by the DOT to introduce the scoping study and provide opportunity for community input. It was quite well attended with about 30 community members present. The DOT representatives introduced the study by outlining the steps in the mass transit study. The objective of the study is to reduce roadway congestion and improve mobility by providing local and regional passenger transit for Miami-Dade, Broward and Palm Beach Counties along an 85 mile long, two mile wide corridor centered on the FEC Railway.

This plan will have major impacts on the quality of life in the region. As we know the traffic congestion on the major routes such as I95 has been increasing and there is considerable development in progress along this corridor, so the need for effective mass transit will only increase. Many environmental impacts were considered in the session and numerous questions were directed at the presenters. The majority of the responses from the audience were enthusiastic. A presentation of the study is scheduled for the Sierra Club General Meeting in September.

This month's speaker will be discussing this topic.

PRESS RELEASE

California's Million Solar Roofs bill has finally passed on the Senate Floor and that the solar industry has at last gained bipartisan support for the nation's largest and most comprehensive solar program in the United States.

Solar panels will become a mandated standard option for all new homebuyers, thus empowering new home buyers the choice to add solar panels during new home construction. The bill also directs the California Energy Commission to assess and determine if and when solar power should be mandated on new construction as a standard, non-optional feature.

The overall effect of the law, which is scheduled to come into effect January 1, 2007, is simply stated as having created the largest solar program in the nation and is aiming to build 3,000 MW of solar power -- the equivalent of 6 large power plants -- on homes, businesses, farms, and schools throughout the state.

PRESS RELEASE FDEP

Biologists with the Florida Fish and Wildlife Conservation Commission?s Fish and Wildlife Research Institute (FWRI) have responded to calls about dead manatees in southwest Florida, an area in which red tide is present. Necropsies, or non-human autopsies, indicate these animals might be dying as a result of exposure to red tide.

• 17 Jul--MSW0674--Pine Island Sound--Pine Island
• 20 Jul--MSW0676--Pine Island Sound-- Sanibel
• 23 Jul--MSW0677--Pelican Bay--Cayo Costa
• 24 Jul--MSW0678--San Carlos Bay--Sanibel
• 29 Jul--MSW0682--Caloosahatchee River--Cape Coral
• 03 Aug--MSW0685--Estero Bay--Fort Myers Beach

Mortality Results for Miami Dade County. http://research.myfwc.com/man atees/search_individual_results.asp

If you want more information on this issue please click on the Manatee or web-link for more information.

Press Release

September, 9 2006 10am at Critical Mass Bike Ride with Emerge Miami Vizcaya Metrorail Station - 3201 S.W. 1 Ave., (Bicycle Convergence & Ride), FL 33129 Cost: Free

The group will meet at the Vizcaya Metro-Rail Station, then cross on the U.S. 1 overpass The Critical Mass Bike Ride will go East to the Rickenbacker Causeway and end at Crandon Park.

Help To Promote Bicycle Awareness & Safety. Get Involved in Alternative Transportation.

Have Fun with People in the Community!

For more information, check out www.myspace.com/emergemiami or call 305-579-0069

(editor's note- last ride there were 75 participants!!!)

PHOTO- ALANA DIMMICK

October 14 -Noble Hammock Canoe. Paddle an interesting canoe loop trail in Everglades National Park located just north of West Lake. We will attempt to find the hidden canoe trail to West Lake. Join us in this adventure, observing lots of wildlife and gators as we go. Moderate. Limit: 16. Cost: $35 members, $40 non-members. Leader: Jim Gross, 305-665-2401, e-mail: JMGross3013@aol.com. Asst: TBA. (C)

October 21, 22 - Jonathan Dickenson State Park Camping. Join us for car camping, hiking and canoeing and BBQ. Leisure. Limit 10. Cost: $20 members, $25 non-members. Leader: Ed Zaret, 305- 586-3564. Asst: TBA.

November 18th - Turner River Canoe. This beautiful river goes 8 miles through very narrow channels from the Tamiami Trail, starting as fresh water and becoming increasingly salty as it flows into Chokoloskee Bay. Moderate BUT the last hour may be strenuous depending upon open water wind-weather-tide. Limit 18. Cost $35 members, $45 non-members. Leader: Jim Gross, 305-665-2401, e-mail: JMGross3013@aol.com. Asst: TBA (C)

November 24, 25, 26 - Jonathan Dickenson State Park/Loxahatchee River Camp/Hike and Canoe. We will tent camp two nights, walk the short Kitchen Creek Trail and /or the Sand Pine Nature Trail. Saturday we will canoe the wild and scenic Loxahatchee River. Transportation, canoe rental, campsite fees and most meals included. Moderate. Limit 6. Cost: $110 members, $130 non-members. Leader: Kaatje Bernabei 305-223-6551

If you are interested in a trip, call or e-mail the trip leader and ask for details or come to the signup table at the general meetings.

Our outings are listed as Leisure, Moderate, or Strenuous. Be realistic about your physical condition and the degree of challenge you enjoy. Come ready to paddle, bicycle or hike and share the work. There are no passengers on our outings, only participants. Family trips are open to everyone. Once you have made a reservation, we ask that you make a serious commitment to attend the trip. Cancellations are detrimental to our program. Our outings leaders are unpaid trained volunteers.

Please sign up early for planning purposes. All reservations must be accompanied by a non- refundable deposit. Make all checks payable to Sierra Club Outings. Please write the name and date of your trip on your check and include your phone number. Deposits are $10 on trip fees of up to $100 and $20 on trips over $100 Fees on trips of $15 or less are to be paid in full with your reservation. Full payment is due 30 days in advance of the trip. Please send all payments to the trip leader.

If you must cancel, call the leader or assistant leader as early as possible. If you cancel 30 days or more in advance, your deposit will be refunded. If you cancel less than 30 days in advance, you lose your deposit. If you cancel 7 days or less in advance, you will forfeit all fees.