Sierra Club files suit against St. Johns River Water Management District

Comment Up

Sierra Club Files Suit against the St. Johns River Water Management District for Violating the Public Trust

Sierra Club has filed suit in Orlando federal court asserting that the St. Johns River Water Management District (SJRWMD), the designated grantee of conservation easements in over 30 federal mitigation banks, has created a rule for itself that allows it to remove conservation easements from federal mitigation banks. Also, in the case of Farmton Mitigation Bank, the largest mitigation bank in the United States, SJRWMD has allowed over 1,000 acres to be removed from the bank. Sierra’s complaint asserts that these actions violate the Supremacy Clause of the US Constitution.

Mitigation banks are a cornerstone of the federal Clean Water Act, which mandates a policy of zero net loss of wetlands. Each year, the federal government issues permits to destroy thousands of acres of wetlands and still claims “zero net loss.” How can this be? The federal government claims confidence in its wetlands protection system because, under the Clean Water Act, when wetlands are permitted to be destroyed for development, the permittee buys credits in a wetlands mitigation bank. The wetlands in these banks are supposed to be protected in perpetuity—forever.

Under the Clean Water Act, SJRWMD is required to protect land that has been entrusted to it in the form of conservation easements on behalf of federal mitigation banks. A conservation easement is a contract that requires the perpetual conservation of the land in its most ecologically beneficial state.

Through its acceptance of conservation easements, SJRWMD agrees to ensure perpetual conservation of the mitigation bank land on behalf of past and future credit purchasers in order to offset wetland destruction related to development projects.

Mitigation banks can be a lucrative business. Sierra Club has documented credit costs ranging from about $20,000 to $90,000 per credit. Not only private developers, but also many local, state and federal road and infrastructure projects, purchase credits.

SJRWMD has passed a rule enabling it to remove conservation easements from federal mitigation banks. This rule violates the Federal Clean Water Act which mandates perpetual conservation of federal mitigation banks.Mitigation banks, when managed appropriately, could be a win-win for the environment, and for owners of mitigation banks who are paid for not developing, and instead protecting and restoring land to offset wetland destruction elsewhere. The viability of the bank is destroyed when land is withdrawn on a patchwork basis to allow more development.

“SJRWMD has violated the public trust by creating a rule that allows land to be released from Farmton Mitigation Bank and other federal mitigation banks in direct violation of the Clean Water Act.” asserts Betty O’Laughlin Executive Committee member of Sierra Club in Volusia County. “If wetland destruction is going to be allowed, mitigation banks must be respected. They can’t be a joke. By filing this case, Sierra Club is working to protect the integrity of mitigation banks here and throughout the United States.” The complaint and exhibits can be viewed here.

Complaint: https://diigo.com/072jjn
Exhibits: https://diigo.com/072jkk (large file, takes about 5 minutes to load)
Documents can also be viewed at:https://www.facebook.com/SaveFarmtonMitigationBank

Betty O’Laughlin, Sierra Club Volusia-Flagler Group
386 801 5757
EOLaughlin@cfl.rr.com