Conservation Groups Plan Suits to Protect Florida Panther
Published April 23, 2003
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Photo: © South Florida Water Management District
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Florida Panther
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A coalition of national and Florida-based conservation groups announced today they are prepared to take "emergency legal action urgently needed to protect the endangered Florida panther from extinction."
The announcement concerns two separate impending court challenges.
In one action, the National Wildlife Federation (NWF), the Florida Wildlife Federation (FWF) and the Florida Panther Society (FPS) announced plans to sue the U.S. Army Corps of Engineers (Corps) and the U.S. Fish and Wildlife Service (FWS) to force the agencies to stop construction of the Florida Rock Industries' Ft. Myers Mine #2 until the mine's effect on the Florida panther is more thoroughly investigated. The three groups issued a 60-day notice of intent to sue today.
In a second action, NWF and the Florida Panther Society filed a notice of intent to challenge the Corps' use of the Clean Water Act's permitting process which has resulted in the loss of substantial tracts of habitat deemed essential to the panther's survival.
"It makes no sense for the federal government to be blessing the massive destruction of the panther's habitat when at the same time its own scientists are saying that we must protect the last remaining habitat to prevent the panther's extinction," said Jamie Rappaport Clark, NWF Senior Vice President for Conservation Programs. "The Corps' and FWS's approval of this mining permit cannot be justified by sound science or a fair application of the law."
Earlier this year, the Corps approved a permit to allow Florida Rock Industries to build the Ft. Myers Mine #2 to extract and process limestone. The mine will be located at the center of land characterized by FWS as "essential for maintaining a self-sustaining panther population."
"Permitting a huge open pit mine to be dug in essential panther habitat is an abuse of discretion that cries out for legal remedy," said Manley K. Fuller, president of the Florida Wildlife Federation, NWF's state affiliate.
Under the Corps permit, Florida Rock Industries will mine to a maximum depth of 60 feet below existing grade in a 3,212-acre open pit. Mining operations may continue for decades. In addition to digging the mine, panther habitat will be further disturbed by an accompanying access road, administrative office, gatehouse, asphalt plant, concrete plant and sand plant - all of which are to be constructed in the heart of panther habitat.
Florida Rock Industries proposes to mitigate mine damage by setting aside 802 acres, or 13 percent of the project site, as protected Florida panther habitat.
"The Corps and FWS have given their blessing to a preposterous plan to destroy more than 5,000 acres of Florida panther habitat while leaving a small area of 800 acres off to the side for the cats," said John Kostyack, NWF senior counsel. "This five to one ratio of destruction to conservation is a recipe for extinction. The numbers simply don't add up for the Florida panther or for the Americans who care about them."
NWF and FPS also announced plans for a suit to force the Corps to discontinue the use of four of its Nationwide Permits in Florida panther habitat because the agency has never evaluated the impact of these permits on the panther.
The Clean Water Act allows the Corps to authorize certain types of development - those with minimal impacts on the environment - without any site-specific environmental review. NWF and FPS contend that the Corps has used four of these Nationwide Permits based on arbitrary findings of minimal impact, when in fact the harmful impacts on the panther and its habitat are substantial. In addition, the groups said, numerous developments have gone forward in panther habitat under the four Nationwide Permits without any effort by the Corps to assess their impacts on the panther, as required by the Endangered Species Act, the National Environmental Policy Act and the Clean Water Act.
NWF and FPS issued a 60-day notice of intent to sue the Corps to compel it to assess the cumulative panther impacts of the four Nationwide Permits process and to consult with FWS about how to avoid jeopardizing the panther.
"Panther recovery depends on the vitality and growth of its south Florida population," said Karen Hill, FPS Vice President. "The future of this magnificent cat hinges on whether the Corps and FWS provide for panther habitat needs in the agency's development permitting process."
The nation's largest member-supported conservation education and advocacy group, the National Wildlife Federation unites people from all walks of life to protect nature, wildlife and the world we all share.
The Florida Wildlife Federation is a private, statewide, non-profit citizens' conservation education organization composed of thousands of concerned Floridians from all walks of life who have a common interest in preserving, managing and improving Florida's fish, wildlife, soil, water and plant life.
The mission of the Florida Panther Society, Inc. is to provide a means of protection and support of the Florida panther through educational programs for the general public, private and public schools, clubs, organizations, associations, businesses and media; and through coordinated public support of all qualified Florida panther recovery, support, research, relocation and rehabilitation programs.
Copies of the intent notices can be obtained by sending a request to Ben McNitt at: mcnitt@nwf.org.
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