As we reported in a recent post, St. Johns Riverkeeper staff and attorneys were in Tallahassee last Friday responding to bogus charges by Seminole County that our legal challenge of the Yankee Lake river withdrawal project was frivolous. Based on discussions with the Riverkeeper and others who were present for the entire hearing, I am of the opinion that Seminole and its attorney are attempting to discourage citizens and communities from challenging future river withdrawal permits and to raise the bar by requiring an unreasonable burden of proof before any challenge could be filed. It is unbelievable that this effort is apparently being authorized by elected officials, the Seminole County Commissioners, at the taxpayers' expense.
Even if the judge doesn't side with Seminole's attorney, they have unfortunately already won on many counts. They have already cost the City of Jacksonville and St. Johns Riverkeeper tens of thousands of dollars and an exorbitant amount of time - money and time that could have been spent on efforts to actually protect and restore the river. They have also introduced another potential hurdle that citizens must consider if they are going to challenge a permit decision in the future. Even if you have legitimate reason to believe that a permit will potentially harm the St. Johns River (as we did), you may still face the threat of legal fee reimbursement sanctions from the applicant, unjustifiably calling your motives into question.
If the judge should somehow rule in Seminole's favor and award the reimbursement of legal fees, it could essentially bankrupt Riverkeeper and its attorneys and establish a dangerous precedent that unfairly raises the bar and the burden of proof. Any future petitioner could be required to prove beyond a reasonable doubt that the permit would significantly harm the river
before they could ever initiate a challenge. It is already very difficult for citizens and governments to challenge permits through the administrative process. Lawyers like Seminole's can run up the costs, making these legal proceedings extremely costly and time-consuming, and the hearing process, water management district policies, and state statutes are often stacked against you to begin with.
Back to last Friday’s sanctions hearing. Seminole's attorney made every attempt to cobble together individual words and sentences from literally thousands of statements made by Riverkeeper representatives over the last several years to make it look as if our intentions were to unreasonably delay the water withdrawal projects and not to protect the St. Johns. One of our attorneys was even accused of perjury, fabricating his testimony. While this outrageous accusation was quickly proven false, it demonstrates the length to which they will go to cast doubt on our motives and to drive us out of this process.
Hopefully, Judge Johnston will see through this smokescreen, and the truth will prevail. If not, this could be a real step back for our river and our rights as citizens to participate in these critical decisions that determine the future of our water resources.
Finally, I want to recognize the courage, commitment and outstanding service of our attorneys - John Thomas, Michael Howle, and Ken Wright - and your Riverkeeper, Neil Armingeon. They have all had to endure long hours, a lot of frustration, and inappropriate attacks on their credibility and integrity, yet they have remained professional and committed to the cause throughout this ordeal. These talented and highly-skilled individuals all voluntarily work for the river for far less money than they could command from other clients or employers, and it is a shame that they should have to endure these type of accusations and tactics. I have more respect and appreciation for what they do for our organization, the St. Johns River, and the people of Florida than ever before. The river is certainly lucky to have them on her side.
I also want to thank all of our members and supporters who have stood by our side and continue to provide the financial support necessary to defend the health of our beloved St. Johns River.
We will probably not receive a ruling from the judge on this matter until the end of the year. Meanwhile, we remain undeterred as we continue to prepare for our appeal of the Yankee Lake permit decision. We will keep you posted as we know more.
Jimmy Orth
Executive Director
Recently, Phyl Kimball, a friend and St. Johns Riverkeeper supporter, stopped by the office and turned us on to an exciting new project that he has recently launched called Restore The Rivers.
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