Introduction
This presentation is the property of its rightful owner.
Sponsored Links
1 / 12

Introduction PowerPoint PPT Presentation


  • 56 Views
  • Uploaded on
  • Presentation posted in: General

Introduction. Everglades Litigation Collection 1994 - Donated by USAO to University of Miami School of Law Physical location - Law Library Special Collections and Archives Internet - www.law.miami.edu/everglades. Contents. 1 million pages of litigation and scientific documents

Download Presentation

Introduction

An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -

Presentation Transcript


Introduction

Introduction

Everglades Litigation Collection

  • 1994 - Donated by USAO to University of Miami School of Law

  • Physical location - Law Library Special Collections and Archives

  • Internet - www.law.miami.edu/everglades


Contents

Contents

  • 1 million pages of litigation and scientific documents

  • 50 cases from federal and state fora

  • 1 million frames of microfilm

  • 250 mb bibliographic database

  • Hundreds of deposition and hearing transcripts

  • Voluminous productions of scientific data and reports


Legal overview

Parties

Plaintiff

Defendant

Pleadings, documents

Complaint

Answer

Deposition

Orders

Decision

Civil vs. Criminal

Statutes

Caselaw

Jurisdiction

Federal

State

Administrative

Legal overview


Legal overview1

Legal overview

Trial Levels

  • Trial level court

  • Intermediate appellate level

  • Higher appellate level

  • Highest appellate level


Legal overview2

Legal overview

Anatomy of Pleadings

  • Jurisdiction

  • Case Number

  • Style

    • Plaintiff

    • Defendant

  • Type

    • Complaint

    • Answer

    • Motion Summary Judgment

    • Appeal

    • Order


Background

Background

  • 1821 - U.S. buys Florida from Spain

  • 1845 - Florida becomes a state

  • 1850 - Congress passes Swamp Lands

    Act.Gives ownership of overflowed lands in the Everglades to Florida on the condition that lands might be drained and settled, or used for agriculture. State sells vast tracts of land at low cost to railroads. During Civil War railroads went bankrupt.

  • 1905 - Napoleon Bonaparte Broward

    elected governor

    • Drain the Everglades!

  • 1906 - 1929 - Everglades Drainage

    District.

    • Went bankrupt

  • 1941 - Publication of The Everglades:

    River of Grass


  • Background1

    Background

    • 1947 - Everglades National Park

      created by Congress

    • 1947 - 2 hurricanes hit south Florida,

      flooding

    • 1948 - C&S Florida Project for Flood

      Control and Other Purposes

    • CSFP - Prime Purpose - Flood Control

      • USAO built 1,400 miles of levees and canals so that flood waters pass around farms and cities, carried swiftly into the Everglades or the sea

      • Kissimmee River Channel

      • Lake Okeechobee dike expansion

      • Eastern perimeter leve

      • State lands made into conservation areas

  • CSFP - EAA

    • 700,000 acres drained, leeved.

    • Irrigation pumps


  • Background2

    Background

    • CSFP - Loxahatchee N.W.R.

      • To make up for harm project would do to wildlife habitat, northernmost WCA leased to Department of Interior

  • CSFP - completed on 1962

    • Put an end to river of grass

    • cut off the flow of water from the north

    • water allowed to flow through canals and structures only

    • USACOE regulations determined timing and quantity of water flow

    • natural hydroperiod replaced by ACOE regime

  • CSFP - Local sponsor - CSFFCD

    • Florida passed legislation creating Central and Southern Florida Flood Control District

  • CSFFCD - Assembled land, operated pumps and canals

    under ACOE guidelines

    • Board of directors appointed by govenor

    • Authority to levy small tax over many counties in south Florida


  • Background3

    Background

    Emergence of the Florida sugar industry

    • 1959 - Revolution in Cuba.

    • U.S. embargo on Cuban sugar exports

    • U.S. quotas on sugar imports from other countries

    • Rapid expansion of farming in the EAA

    • 1960 - 1975 - Sugar acreage increased sixfold

    • 421,000 acres planted, sugar now primary crop in EAA


    Background4

    Background

    The Intensification of Environmentalism in Florida

    • Roots in creation of ENP

    • Some environmental values in CSFP

    • Fight against jetport

    • 1960’S - changes to CSFP in response to concern about environment

    • 1967 - ACOE and CSFFCD built new canal to bring water arround levee on north boundary and into center of park

    • 1972 - congress passed legislation guaranteeing min flows of water from project’s canals and structures into ENP

    • 1978 - Florida proposed that Kissimmee River ditch filled, and old riverbed restored

    • 1972 - Flood Control District was given the responsibility for regulating water quality and administering new state laws re wetland drainage

    • 1976 - Flood Control district rebaptized as SFWMD


    Background5

    Background

    Phosphorus problem

    • Water quality became an issue in the 1970’s. focused on Lake Okeechobee algal blooms

    • SFWMD scientists believed the largest cause was nutrients from dairy farms along Kissimmee

    • Water entering the lake from EAA contributed 14% phosphorus

    • 30% of water pumped from EAA went into lake, the rest pumped south

    • 1979 - district, state, ACOE stop pumping into lake, but increased pumping south into WCAs

    • 1974 - district scientists first warned about cattail infestation in WCAs as result of phosphorus loading would eventually reach the park and alter natural

    • Nothing was done due to powerful influence of sugar industry


    Background6

    Background

    • SWIM Act

      • 1987 - state legislature passes SWIM Act, requires water management districts to prepare plans to avoid and reverse degradation of state’s waters.

      • Set targets for how much phosphorus might enter Lake Okeechobee

      • Required district to prepare a plan for the lake

      • Set up technical advisory council to study effects of phosphorus in WCAs, and other areas south of the lake

      • Included a provision which addressed issue of phosphorus in the park

      • “water management districts shall not divert waters to the park in such a way that state water quality standards are violated or that the nutrient in such waters adversely affect indigenous vegetative communities or wildlife.”


  • Login