Tag Archives: inspiration

“Adequate Provision” is not enough, Strengthening Florida’s Constitution, SLR/IRL

St Lucie River/Indian River Lagoon, (Photo Jenny Thurlow Flaugh)

Florida’s constitution is important, not only because it is the ultimate law of the state, but because it sets the people’s values before the legislative, executive, and judicial branches. These words are a reference in times of question and must be clearly written on the side of the citizen.

Right now, in Article II, Section 7, (a) “Natural resources and scenic beauty,” the Florida constitution reads: 

(a) It shall be the policy of the state to conserve and protect its natural resources and scenic beauty. Adequate provision shall be made by law for the abatement of air and water pollution and of excessive and unnecessary noise and for the conservation and protection of natural resources.
Because this language is vague, ( what is adequate provision? ), and case law is sparse, these words become “overruled” by Florida Statute that clearly gives “permit holders” standing over citizens, and of course the environment making the present environmental protections in the state constitution “inadequate.”

Florida Statues, Chapter 403. 412. e.) reads:
https://www.flsenate.gov/Laws/Statutes/2013/403.412

No action pursuant to this section may be maintained if the person (natural or corporate) or governmental agency or authority charged with pollution, impairment, or destruction of the air, water, or other natural resources of the state is acting or conducting operations pursuant to currently valid permit or certificate covering such operations, issued by the appropriate governmental authorities or agencies, and is complying with the requirements of said permits or certificates.”

So a citizen is not at liberty to sue if a polluting entity is causing environmental destruction that is acting or conducting operations pursuant to a currently valid permit protected by a state agency. And if someone attempts to sue anyway, they have no real standing in a Florida court of law.

Hmmm?

~But, what if a sinkhole spanning 45 feet opened at a Mosaic phosphate fertilizer facility leaking 215 million gallons of “slightly radioactive water,” but this news did not get to the people who have wells in the area for weeks?

~What if the Army Corp of Engineers, and the South Florida Water Management District knew they were discharging billions of gallons of toxic algae from Lake Okeechobee into a community’s river making some citizens sick, yet there was no discussion, warning, or health notices posted until the entire ocean ran green?

~What if an entity could withdraw so much water from a spring or aquifer that….

What if, is now reality.

Yes, permit holders should be “protected,” nonetheless, having a valid permit should not be a right to infringe on the health, safety, and welfare of Florida citizens. Florida citizens and their environment co-exist. When necessary, citizens should have the right to fight for a clean and healthy environment.

We all know that many of Florida’s waters are “growing greener,  and more toxic.” This was recently reported by TCPalm’s Jim Turner:

“The 2016 report from the Florida Department of Environmental Protection shows a mixed bag for the state’s waters, with many trending toward more-frequent toxic algae blooms, fueled by rising nitrates from farm and residential fertilizers, sewage, pet waste and other human-related sources.”

Florida’s “impaired” waters are growing, not decreasing. More springs, rivers and lakes are in horrible condition. We see it. Like it or not, the only way to ensure an “adequate” future for Florida’s citizen’s and her waters is to find a way to create acceptable language giving people a constitutional right to a clean and healthful environment.

CRC - 2017P 23By Commissioner Thurlow-Lippisch
       
       thurlowlj-00038-17                                      201723__
    1                         A proposal to amend                       
    2         Section 7 of Article II of the State Constitution to
    3         establish that every person has a right to a clean and
    4         healthful environment.
    5          
    6  Be It Proposed by the Constitution Revision Commission of
    7  Florida:
    8  
    9         Section 7 of Article II of the State Constitution is
   10  amended to read:
   11                             ARTICLE II                            
   12                         GENERAL PROVISIONS                        
   13         SECTION 7. Natural resources and scenic beauty.--
   14         (a) It shall be the policy of the state to conserve and
   15  protect its natural resources and scenic beauty. Adequate
   16  provision shall be made by law for the abatement of air and
   17  water pollution and of excessive and unnecessary noise and for
   18  the conservation and protection of natural resources.
   19         (b) Those in the Everglades Agricultural Area who cause
   20  water pollution within the Everglades Protection Area or the
   21  Everglades Agricultural Area shall be primarily responsible for
   22  paying the costs of the abatement of that pollution. For the
   23  purposes of this subsection, the terms "Everglades Protection
   24  Area" and "Everglades Agricultural Area" shall have the meanings
   25  as defined in statutes in effect on January 1, 1996.
   26         (c) The natural resources of the state are the legacy of
   27  present and future generations. Every person has a right to a
   28  clean and healthful environment, including clean air and water;
   29  control of pollution; and the conservation and restoration of
   30  the natural, scenic, historic, and aesthetic values of the
   31  environment as provided by law. Any person may enforce this
   32  right against any party, public or private, subject to
   33  reasonable limitations, as provided by law.
Proposal #23 was a public proposal. It was created by Traci Deen and her students at Barry University. I sponsored their publicly submitted proposal #700450. There were other proposals also on the “rights of environment/nature” topic including 7000672 by Richard Silvestri; 7000216 by Trevor Tezel; 700739 by Richard Grosso; —submitted to Article 1, Declaration of Rights, 700558 a Florida Environmental Bill of Rights by Paul Laura;  and the Rights of Nature submitted independently by Mr. David Hargrove. Thank you to all and the many others!
If you have any ideas or would like to comment, please write me directly at jacqui.lippisch@flcrc.gov or at this blog post.

Jacqui Thurlow-Lippisch is a member of the Constitution Revision Commission 2017/18
http://flcrc.gov/Commissioners/Thurlow-Lippisch

*This proposal will go before the Judicial Committee on November 28 and if it makes through that committee it will go through the General Provisions committee. You can write committees here to support or express concerns:
http://flcrc.gov/Committees

11-8-17

Documenting the Discharges, 10-29-17, SLR/IRL

These aerial photos over the St Lucie Inlet were taken by my husband, Ed Lippisch, Sunday, October 29, 2017, at 1:45pm. 

The number one issue here is the polluted waters of Lake Okeechobee being forced into the SLR/IRL because they are blocked by the Everglades Agricultural Area from going south. 

The ACOE has been discharging Lake O waters into the St Lucie since mid-September. These over-nutrified and sediment filled waters continue to destroy our economy and ecology on top of all the channelized agricultural and development waters of C-23, C-24 and C-25. Stormwater from our yards and streets also adds to this filthy cocktail. 

Near shore reefs, sea grasses, oysters, fish? A human being? Better not have a cut on your hand…Not even a crab has an easy time living in this.

We move forward pushing the SFWMD and ACOE for the EAA Reservoir with these sad photos and the fact that our waters are putrid at the most beautiful time of year as motivation. We will prevail. One foot in front of the other. 

Save the St Lucie! Save the Indian River Lagoon!

Links to ACOE website: See S-80 & S-308, others intesting too. Northern waters should also be cleaned! http://w3.saj.usace.army.mil/h2o/reports.htm

Most Recent Disturbing Photos of Discharges from Lake Okeechobee and Area Canal, SLR/IRL

Today is October 7th, 2017 and I am sharing photos taken October 6th, 2017 in the area of the St Lucie Inlet displaying the recent discharges from Lake Okeechobee and area canals. The plume was measured four miles out, this is very far, and can be seen both north and south of the inlet. The edges are churned up and  blurred, and there are many layers fanning out.

I share to document. I share in hope of eventual change, and I share to inspire the so many people who are causing change, change,  that one day we will see in a better water future.

Thank you to my husband Ed for piloting, and to passenger, and photographer, Matt Coppeletta.

Sincerely,

Jacqui

All photos taken of the St Lucie Inlet area on 10-6-17 by Ed Lippisch and Matt Coppeletta. Discoloration of water is caused primarily by discharges from Lake Okeechobee but also from canals C-23, C-24, C-25 and area runoff.


ACOE, Lake O: http://w3.saj.usace.army.mil/h2o/currentLL.shtml

S-308 and S-80 connected to both LO and C-44: http://w3.saj.usace.army.mil/h2o/reports.htm

C-23,(S97) C-24,(S49) C-25 (S99): http://my.sfwmd.gov/portal/pls/portal/realtime.pkg_rr.proc_rr?p_op=FORT_PIERCE

 

St Luice River canal and basin map, with structures. SFWMD.

Florida’s Flood System Built on 1947 Hurricane Season, Now Irma, SLR/IRL

Florida hurricane of 1947 https://www.youtube.com/watch?v=PgAHv_Z5wqE

As the possibility of a direct hit from Hurricane Irma approaches, I can’t help but reflect.

Looking back, we see that it was the severe flooding and the hurricane season of 1947 that led Florida and the U.S. Government down the track to where we are today through the creation of the Florida Central and South Florida Flood Project, (CSFP).

In 1947, during the United States’ post World War II boom, Florida had a very active and destructive hurricane season. This slightly edited excerpt from the  ACOE’s book  River of Interest does a good job giving a short overview of that year:

 “…Rain began falling on the Everglades in large amounts. On 1 March, a storm dropped six inches of rain, while April and May also saw above average totals. The situation became severe in the summer…

As September approached and the rains continued, the ground in the Everglades became waterlogged and lake levels reached dangerous heights. Then, on 17 September, a hurricane hit Florida on the southwest coast, passing Lake Okeechobee on the west and dumping large amounts of rain on the upper Everglades, flooding most of the agricultural land south of Lake Okeechobee.

George Wedgworth, who would later become president of the Sugar Cane Growers Cooperative of Florida and whose parents were vegetable growers in the Everglades, related that his mother called him during the storm and told him, “ this is the last call I’ll make from this telephone because I’m leaving. . . . “We’ve got an inch or two of water over our oak floors and they’re taking me out on a row boat.”

Such conditions were prevalent throughout the region. Before the area had a chance to recover from the devastation, another hurricane developed, moving into South Florida and the Atlantic Ocean by way of Fort Lauderdale. Coastal cities received rain in large quantities, including six inches in two hours at Hialeah and nearly 15 inches at Fort Lauderdale in less than 24 hours.

The Everglades Drainage District kept its drainage canals open to discharge to the ocean as much of the floodwater in the agricultural area as it could, exacerbating coastal flooding. East coast residents charged the District with endangering their lives in order to please ag- ricultural interests, but this was vehemently denied…

Whoever was to blame, the hurricanes had devastating effects. Although the levee around Lake Okeechobee held, preventing the large numbers of deaths that occurred in 1926 and 1928, over 2,000 square miles of land south of the lake was covered by, in the words of U.S. Senator Spessard Holland, “an endless sheet of water anywhere from 6 to 7 feet deep down to a lesser depth.” The Corps estimated that the storms caused $59 million in property damage throughout southern Florida, but Holland believed that the agency had “under- stated the actual figures.” The destruction shocked citizens of South Florida, both in the upper Everglades and in the coastal cities, and they demanded that something be done.”

Cover of the “Weeping Cow” book. (South Florida Water Management District)

Well, what was done was the Central and South Florida Flood Project.

Key Florida politicians, and the public demanded the Federal Government assist, and as both the resources and will were present, the project was authorized in 1948 with massive additional components making way not only for flood protection, but for even more agriculture and development. In Martin County and St Lucie County this happened by the controversial building of canals C-23, C-24, C-25 and “improving” the infamous C-44 canal that connects to Lake Okeechobee. This construction was basically the nail in the coffin for the St Lucie River and Southern Indian River Lagoon.

Map showing the Jacksonville District’s initial comprehensive proposal, 1947. (Claude Pepper Collection, Claude Pepper Library, Florida State University, Tallahassee, Florida)

But before the death of the environment was clear, the Corps developed a plan that would include 1,000 miles of levees, 720 miles of canals, and almost 200 water control structures. Flooding in coastal cities and in the agricultural lands south of Lake Okeechobee would be minimized and more controllable.

Yes, a goal of the program was to provide conservation areas for water storage, protecting fish and wildlife habitat. Although water conservation areas were constructed, conservation of wildlife did not work out so well, and has caused extreme habitat degradation of the Everglades system, Lake Okeechobee, the southern and northern estuaries, the Kissimmee chain of lakes, and Florida Bay.  Nonetheless, this project made possible for over five million people to now live and work in the 18,000 square mile area that extends from south of Orlando to Florida Bay “protected from flooding” but in 2017 living with serious water quality issues.

With problems apparent, in 1992 the Central and South Florida Project was “re-studied” and we continue to work on that today both for people and for wildlife…

Irma many be the system’s greatest test yet…

Yesterday’s Army Corp of Engineer Periodic Scientist Call was focused on saving people’s lives and safety. After the built-system was discussed, Mr Tyler Beck of the Florida Wildlife Commission, and Mr Steve Schubert of the U.S. Fish and Wildlife Service reported on the endangered Everglades Snail Kites and their nests at Lake Okeechobee. Like most birds, pairs mate for life. There are presently fifty-five active nests, thirty-three in incubation, and twenty-three with baby chicks…

In the coming days, as the waters rise on Lake Okeechobee, and the winds scream through an empty void that was once a cathedral of colossal cypress trees, Mother Nature will again change the lives of Florida’s wildlife and its people, just as she did in 1947. Perhaps this time, she will give us vision for a future where nature and humankind can live in greater harmony…

Hurricane Irma as a category 5, 2017
Everglades Snail Kite, Florida Audubon
SFWMD basin map for SLR showing S-308 and S-80 along with other structures.
South Florida today…
Florida map 1500s

Links:

1947 Hurricane: https://en.wikipedia.org/wiki/1947_Cape_Sable_hurricane

1947 Hurricane, 2: https://en.wikipedia.org/wiki/1947_Fort_Lauderdale_hurricane

Central and South Florida Flood Project full text: https://archive.org/stream/centralsouthernf00unse/centralsouthernf00unse_djvu.txt

Restudy of CSFFP: http://141.232.10.32/about/restudy_csf_devel.aspx

Central and South Florida Flood Project Restudy, 1948Sofia: https://sofia.usgs.gov/sfrsf/entdisplays/restudy/

River of Interest, ACOE, Chapter 2: http://141.232.10.32/docs/river_interest/031512_river_interests_2012_chap_02.pdf

US Fish and Wildlife: The endangered and beautiful Everglades Snail Kite:https://www.nps.gov/ever/learn/nature/snailkite.htm

Environmental Provisions in Florida’s State Constitution/Getting Your Issues in Front of the CRC, SLR/IRL

Indian River Lagoon, John Whiticar

Part #4 in a series about the Constitution Revision Commission, (CRC) and how to get involved, by Jacqui Thurlow-Lippisch

Environmental Provisions in Florida’s State Constitution/Getting Your Issues in Front of the CRC (https://www.flcrc.gov)
The Florida constitution….(http://www.leg.state.fl.us/statutes/index.cfm?submenu=3)

It is amazing to realize how much of the Florida Constitution ensures protections of the environment, and yet we see the continued degradation of the natural resources of our state. It’s time we learn our constitution by heart, make sure it’s followed, and take action to see if something need be added.

Today, I am going to list the areas of the constitution that have to do with the environment for easy reference. You can click the links below to see the full amendments.

In 1968, “ardent environmentalist” and respected state representative, John Robert Middlemas, of Panama City, insisted that words of support for environmental policy were placed in the historic constitutional revision that same year.

In his honor, I ask that all fellow environmentalists review below, and ask oneself how to make these words take on a new sense of urgency as our springs, rivers, and natural lands need our voice. At the end of this article, and after reviewing our state constitution, if so inspired, please feel free to enter your own constitutional proposal or improve one that’s simply being ignored.

The CRC is considering September 22nd as the deadline for public proposals so please submit soon!

As an aside, it is my honor to serve as the Chair of the CRC’s General Provisions Committee, which is charged with examining Article II of the Florida Constitution. If you have comments or thoughts regarding Article II (or other provisions relating to the environment), please email me at Jacqui.Lippisch@flcrc.gov.

Here is the list of current environmental provisions in the Florida Constitution:

 

  • General Provisions (Article II): Section 7, Natural Resources & Scenic Beauty/Everglades Agricultural Area
  • Executive (Article IV): Section 4 (f), cabinet/Internal Improvement Fund/Land Acquisition Trust Fund; Section 9, Fish & Wildlife Conservation Commission
  • Finance and Taxation (Article VII): Section 3 (f), conservation easements/ taxes -exemptions; Section 4 (b) taxation-assessments ; Section 9 (a), special districts/water management; Section 11 (e) state/revenue bonds; Section (14) bonds-pollution control
  • Miscellaneous (Article X): Section 11, sovereignty lands; Section 16, limiting marine net fishing; Section 17, Everglades Trust Fund; Section 18, disposition of conservation lands; Section 28, Land Acquisition Trust Fund, (Florida Water and Land Conservation Initiative, 2014.)

  To enter your own proposal or idea regarding the environment:

                 

Adams Ranch, Bud Adams/Photographer
  • Go to gov/Proposals/Submit to create a free account and submit your proposed change to the Florida constitution. The online tool allows you to create your proposal using legal language by redacting or adding language. Remember to keep it simple and clear.

 

  • Using the same program, submit your proposal to the Constitution Revision Commission and sign up for the alert emails. Commissioners will review proposals and determine which proposals should be placed on Florida’s 2018 General Election ballot.

 

*Proposals can also be emailed to the commission at admin@flcrc.gov, or sent in the mail to: Constitution Revision Commission, The Capitol, 400 S. Monroe St., Tallahassee, FL 32399. Thank you so much for conserving and protecting the great state of Florida!

Manatee, Paul Nicklen, King’s Bay, FL
Mangroves, John Whiticar
Kids swimming/Florida springs, John Moran
Blue Springs, Madison, FL Sandra Henderson Thurlow
We especially must conserve and protect our environment for the future! (My niece, Evie, co-founder of River Kidz http://riverscoalition.org/riverkidz/ photo, Jenny Flaugh)

 

 

 

 

The Amazing Dupuis Alligator March; Too Many to Count Indeed! SLR/IRL

https://clydebutcher.com

I love alligators. Their population comeback is one of the great success stories of Florida conservation. They are an ancient and modern-day inspiration. https://www.fws.gov/endangered/esa-library/pdf/alligator.pdf

The video I am sharing today was filmed by the late Dr. Dale Hipson. Born and raised in Stuart, Dr Hipson was an avid wildlife lover, and very involved at the Stuart Heritage Museum. http://www.stuartheritagemuseum.com

Through the help of my mother, Dale’s family, and the community, I share one of Dr Hipson’s most famous videos from 2006 filming what seems to be hundreds of alligators marching across Powerline Road in the Dupuis Wildlife Area. I recall asking Dr Hipson why they were all crossing the road. “They are seeking more water,” he said,  “levels change abruptly all the time.”

In the video, Dr Hipson and Shirley Corley’s “amazements” can be heard in the background. The video is quite delightful, even funny at times,  and deserves to be reintroduced to the public. I know you will enjoy it.

Go Gators!

(video:https://www.youtube.com/watch?v=PRbOjKbbfk0)

Dupuis, FWC: http://www.myfwc.com/viewing/recreation/wmas/cooperative/dupuis

*Thank you to Treasure Coast Multi-Media for transferring the original VHS to digital formant!http://tcmultimedia.net

The Line Between Past and Present: Corbett Wildlife Area, SLR/IRL

Ed looks outside the plane: a  “line” divides agricultural fields and the wetlands of J.W. Corbett Wildlife Area. 7-8-17.

An overview…
Sometimes it seems there is not a piece of land that doesn’t have the mark of modern-humans on it…but then, we have been leaving our mark for thousands, and thousands of years…

On a recent trip with renowned South Florida photographer Edward Carr, my husband Ed and I flew over the contiguous Dupuis and J.W. Corbett Wildlife Areas ~ “bordering” Martin and Palm Beach counties.

It was quite a view, and I felt embarrassed that I did not know more about these wonderful remaining lands located so close to home. So interesting to see them in a more natural state. The circles of trees, dome-like, standing in shallow water. Shades of green, brown, and blue changing and reflecting with every turn. An animal running into the bush. What was it?! A deer? A panther?

I have to admit, chasing toxic algae sometimes overtake me!.. I must remind myself  “to stop and smell the pond apples!”

Pond apple blossom. Photo by Lisa Jefferson. There was a 32,000 acre pond apple forest on the Southern rim of Lake O prior to development.
Mr Carr was photographing for a documentary on “Big Mound City” the most remarkable of places our human ancestors called home. These native people of Lake Okeechobee’s Belle Glade Culture, built mounds to get above the swamp rather than trying to drain it….as sea level rises, we many have to consider this once again just like the FEMA project in Sewall’s Point!

I find this entirely fascinating…history repeating itself…

I tried to get Ed later in that week to go with me into Corbett for a hike and to explore, but he said it’s too hot right now, he rather fly. It would be “torture in there.” Well, when the weather cools down, I am taking him. What a wonderful piece of natural history to have right in your own back yard.

LINKS:

FWC JW CORBETT: http://myfwc.com/viewing/recreation/wmas/lead/jw-corbett

BIG MOUND CITY: http://myfwc.com/viewing/recreation/wmas/lead/jw-corbett/history/

DUPUIS, SFWMD: https://www.sfwmd.gov/recreation-site/dupuis-management-area

The L-8 Canal runs through Corbett: http://www.dep.state.fl.us/southeast/ecosum/ecosums/l-8.pdf

L-8 & C-51 Reservoir etc: http://my.sfwmd.gov/webapps/publicMeetings/viewFile/8656

Interestingly, Sirkorsky is located in J.W. Corbett: http://lockheedmartin.com/us/what-we-do/aerospace-defense/sikorsky.html

Flight path

Google Earth Dupuis and JW Corbett just east of Lake O and south of FPL reservoir

A view from above

Agriculture fields meet JW Corbett

Edward Carr