Since the late seventies, the U.S. Army Corps of Engineers systematically and illegally restricting freshwater flow down the ACF River Basin to the detriment of the environment and economy of the City of Apalachicola.
After witnessing decades of decline in the reproductive strength of the Apalachicola River and Bay, in January 2008, we filed suit in the federal district court for the Northern District of Florida challenging the Corps management and operation of the ACF facilities.
We challenged the Corps failure to complete an adequate National Environmental Policy Act (NEPA) review when it issued the original Interim Operations Plan (IOP), the modified IOP, and the Exceptional Drought Operations (EDO) modification to the modified IOP and their failure to comply with the environmental assessments requirements under the Coastal Zone Management Act (CZMA). The City was the first and only litigant to bring forth issues based upon the CZMA.
Further, the various contracts entered into by the Corps, which provides for withdrawals for purposes other than those authorized by law, and the Corps’ application of the draft water control plan violated and continues to violate the Water Supply Act, Flood Control Act, and NEPA.
After filing, the court consolidated our case with six others cases that dated back to 1990 and transferred the litigation to the federal district court for the Middle District of Florida before U.S. District Court Judge Paul A. Magnuson.
On Friday, January 23, City Attorney J. Patrick Floyd filed a motion for summary judgment, a move that could end the 20-year-old litigation. Giving the February 2008 ruling of the District Court of Appeals and the U.S. Supreme Courts recent refusal to hear Georgia’s appeal, we are very optimistic that the Consolidated Case will prevail.
Should that be the case and the suit reaches the remedy stage, I have already discussed with Floyd the possibility of the City filing a separate motion seeking a monetary award for the damages caused by the Corps illegal actions upon the economic livelihood of the citizens of Apalachicola.
After witnessing decades of decline in the reproductive strength of the Apalachicola River and Bay, in January 2008, we filed suit in the federal district court for the Northern District of Florida challenging the Corps management and operation of the ACF facilities.
We challenged the Corps failure to complete an adequate National Environmental Policy Act (NEPA) review when it issued the original Interim Operations Plan (IOP), the modified IOP, and the Exceptional Drought Operations (EDO) modification to the modified IOP and their failure to comply with the environmental assessments requirements under the Coastal Zone Management Act (CZMA). The City was the first and only litigant to bring forth issues based upon the CZMA.
Further, the various contracts entered into by the Corps, which provides for withdrawals for purposes other than those authorized by law, and the Corps’ application of the draft water control plan violated and continues to violate the Water Supply Act, Flood Control Act, and NEPA.
After filing, the court consolidated our case with six others cases that dated back to 1990 and transferred the litigation to the federal district court for the Middle District of Florida before U.S. District Court Judge Paul A. Magnuson.
On Friday, January 23, City Attorney J. Patrick Floyd filed a motion for summary judgment, a move that could end the 20-year-old litigation. Giving the February 2008 ruling of the District Court of Appeals and the U.S. Supreme Courts recent refusal to hear Georgia’s appeal, we are very optimistic that the Consolidated Case will prevail.
Should that be the case and the suit reaches the remedy stage, I have already discussed with Floyd the possibility of the City filing a separate motion seeking a monetary award for the damages caused by the Corps illegal actions upon the economic livelihood of the citizens of Apalachicola.
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