Alligators and Litigators: A Recent History of Everglades Regulation and Litigation

Abstract

A clear understanding of the litigation and regulatory history of Everglades restoration is a critical antecedent for appreciating the shape of current Everglades restoration measures. This article provides a comprehensive overview of the various steps taken (and the respective resulting litigation) to restore the Everglades and resolve water quality problems in south Florida.

The article begins by reviewing the catalyst of restoration efforts, U.S. v. South Florida Water Management District and its resulting consent decree. The article then reviews the litigation efforts of agriculture groups brought to challenge the decree and their ultimate settlement with applicable state and federal agencies. Thereafter, the article shifts focus to the next wave of litigation brought by environmental groups and the Miccosukee tribe challenging the implementation of the 1994 Everglades Forever Act. This line of cases evokes various state, federal, and constitutional arguments (including alleged violations of the Clean Water Act and the Endangered Species Act) to challenge the various components of the Act, including its authorization of the Everglades Construction Project and development of fundraising mechanisms. In fine, the article reflects the interplay between the competing interest of various interest groups and government agencies present in each step of Everglades restoration.