RIVERVIEW, Fla. — Just hours ago, a federal judge in Washington, D.C. heard arguments in a case that has a major impact in Florida. It's over who should be protecting our wetlands and enforcing laws like the Clean Water Act. Now homeowners are caught in the middle, trying to preserve green space themselves.
“I'm hoping that they can unfreeze the permitting process really because we're just the small guy,” Adam Lombardo, a homeowner in the Waterford on Alafia subdivision in Riverview, said.
Lombardo and his family don't often use the community park inside the subdivision. The creek running through the park floods and erosion around a bridge makes it unsafe. Homeowners hired a contractor to install stone riprap to stop the erosion but their permits are on hold indefinitely, caught up in a major fight over Florida’s environment.
“I'd really love to be able to use the park a little more,” he said. “Eventually we'll lose access to our tennis courts and, you know, the playground. It’s really disappointing.”
Because the erosion project would disturb a wetland, it has to get a special permit to comply with the Clean Water Act, Section 404. The application is now one of about a thousand across the state that are in legal limbo because of the federal lawsuit.
Environmental groups are suing federal agencies who gave Clean Water Act permitting authority to the state, saying the feds gave up on their responsibility to protect Florida wetlands and species, like the Florida panther.
In February, a federal judge sided with the environmentalists and Florida hasn't been processing Section 404 permits ever since.
“It's not letting us enjoy nature,” Lombardo said. “It is pretty frustrating because every time a storm comes, we're losing a little bit more and more.”
A hearing held today in the case sets up a likely appeal and possible Supreme Court showdown over who's responsible for environmental permitting. It leaves property owners like Lombardo waiting to protect their own neighborhood.
The state asked the judge presiding over the case to quickly issue a final judgment on all claims so that an appeal can begin more quickly. Other projects being held up include roads, bridges, schools and hospitals.