An unusual legislative maneuver intended to push the accelerator on PortMiami’s Deep Dredge project, which has been indefinitely stalled pending an environmental review, could quickly encounter a speed bump.
The measure would force such reviews to be held within 30 days — but environmentalists question whether it will hold up in court. James Porter, a Miami attorney representing environmentalists challenging a state permit for the controversial $150 million dredging project, called the effort to rewrite rules and then apply them retroactively “extremely uncommon.”
The measure, attached to an important transportation bill, was expected to pass in the last hours of the session Friday. It would go into effect once signed by Gov. Rick Scott, potentially forcing an administrative challenge now set for August to be moved months earlier.
“From my perspective, this is highly prejudicial,” said Porter, whose clients include Audubon Society, Biscayne Bay Waterkeeper and Miami Beach fishing captain Dan Kipnis.
One of the measure’s supporters, House Majority Leader Carlos Lopez-Cantera, R-Miami, said he was not concerned about potential legal challenges, which he dismissed as “another stall tactic” from environmentalists. “The language doesn’t stop them from having the ability to be heard,” Lopez-Cantera said. “It just speeds up the process.”
Lopez-Cantera said he was confident the measure, which he said was drafted by Miami-Dade County attorneys and reviewed by the Florida Department of Environmental Protection, would hold up. The measure doesn’t specifically mention PortMiami but it was written to force a quicker administrative hearing.
Porter called the accusations of foot-dragging “hogwash.” The groups were unable to formally appeal the permit to allow the dredging until a draft version was issued in November. He said the request was filed within a 14-day window.
Timing of the dredging is important for port managers. With a tunnel under Government Cut to give trucks better access and a new freight rail system coming on line, the plan was to complete the dredging in 2014. That would open up Miami for a new class of mega-sized cargo ships at the same time when the Panama Canal, which is also undergoing an overhaul, will also be able to handle such cargo.
The project is a priority for both Miami-Dade Mayor Carlos Gimenez and the governor. In his first months in office. Scott took the unusual step of pledging to cover the $75 million federal share in the project, with hopes that Congress will pay the state back.
Environmentalists contend the state and U.S. Army Corps of Engineers haven’t set strict enough water quality standards to minimize silting damage surrounding sea grass beds and reefs and warn that weeks of blasting to deepen the channel could harm marine life. Port managers, as well as state and federal agencies overseeing the job, insist most impacts will be short-lived and minimal, pointing out a smaller dredging project a few years ago that left no lingering scars to surrounding areas.
Port Director Bill Johnson, who calls the dredging critical to an ambitious $2 billion port overhaul, said the plan had already been exhaustively and repeatedly reviewed. Port managers weren’t being the “bad guys,” he said, but trying to ensure the success of a project that could help produce thousands of new jobs.
“This is not something that has just been pulled out of the rabbit’s hat,” he said. “Thirteen years this project has been around. Let’s be honest, this is nothing new.”
But Kipnis, a charter captain and activist, said the preliminary permit Florida environmental regulators issued includes variances that will allow contractors to produce “mixing zones” that are five times larger and more turbid than typically allowed. Kipnis called the maneuver a blatant power play. “This is like old time Chicago politics.”
via miamiherald.com