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In Florida, Green Is Toxic


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View David Guest's blog posts
13 April 2012, 2:37 PM
New algae bloom flourishes amid weak state rules
Algae bloom in Florida

As I write this, a new toxic algae bloom has broken out on southwest Florida’s Caloosahatchee River, filling the air with a sickening stench.

We are so infuriated at seeing this heartbreaking pollution disaster wreck our beautiful Florida so early in the toxic algae season. As you’ve read in this blog before, these outbreaks of toxic green slime are triggered by the excess phosphorus and nitrogen from sewage, manure and fertilizer.

During the past three months, our whole office of five lawyers have been working over 12 hours seven days a week reading documents, and getting ready for a trial challenging the legality of the state’s new pollution rules.

The rules were largely written by industry lawyers (yes) and are 26 pages of cross reference that make the Internal Revenue Code look like a 3rd grade reading assignment. It has been a hard case to put together, especially under the stress of short deadlines. In one exhausting 8-day stretch, we traveled to different city every day. We took depositions and prepared witnesses by day and traveled by night, checking into yet another motel and preparing for depositions until after midnight. One of the motels had recently been converted from a nursing home and still had that creepy hospital smell – yikes!

When we got back, it was 16 or 17 hours a day of document review and preparation and another long exhausting sprint up to trial day. When the trial started, there were a dozen industry lawyers and four agency lawyers at the other tables. Our witnesses had to run the gauntlet of cross examination by several lawyers, just like a tag -team match, but where only the other side gets to do the tag-teaming.

But our experts remained eloquent and graceful yet unyielding under withering cross examination. As the case hammered on, it became clear that it had really been worth it for us to stay up late reading the documents. And it was another two weeks of 16-hour-days getting our post-trial memos written.

These state rules will not protect us from toxic algae and the destruction the Florida we love. The state never should have adopted these rules – they should have sold them on Ebay. We are keeping our fingers crossed hoping that we win.

We’ll keep you posted.
 

Thank you for doing what you do. No one can be told often enough that what they're doing is worthwhile and makes a difference to those around them. Please know that your hard work is appreciated by the people of Florida both now and in the future.

Then enter Maine where the concepts of good/right are a foreign language - even when you tag on morally, ethically the connectors fail. Desecration of the gift by waste/abuse are the mode d'etre and pollution/trashing are the verifiable proof of being a MEer. You think I jest?! Yesterday I even witnessed the violation of an NWR sanctuary in the coastal zone but they had a wealth of doggie poop bags and "DREDGE IT!!" signs as an answer to erosion/siltation in the saltmarsh and esturaine zone - brilliant as always Maine. Well with 4500+ miles of coastal zone, some of it is bound to escape the sliming no matter how sold out the politics and pitiful the reg enforcement. And then NH (with < 19 miles of coastline and the 14th and final designated estuarine U.S. system under Pres. Clinton) is bound to react with litigation soon concerning the destruction of marine resources downstream, ayuh?!

Thank you for all of your hard work. You are doing truly noble work.

Hey David,
I don't know if you'll remember me but this is Chip Herrington. I worked for Mad Dog for several years and played harmonica in The Land Band out at the co-op.
I had heard that you were doing some good stuff and now I see it for myself.
I lived in Fort Myers for a little more than a year back in the sixties, right on the Caloosahatchee, so it holds a special place in my heart and memories. It was nearly pristine at that time but I'm sure that I was just young and unaware that larger forces were at work beyond what I could see or be aware of.
It is truly heartening to see folks with a conscience going to bat for our state, god knows we need it, that have something other than money as their motivation.
So, I will add you to my list of favorites and try to keep up with your mission.
Give 'em hell David! With this being only one of the fronts that narrow minded interests channel their minions at, I'm glad to see you here doing the right thing!
Sincerely,
Chip

P.S. I hope you remember this but, I've gotten many miles and smiles out of the story about you telling the story of "the guy that was following you from the front" a great spirits induced story you told at one of the Co-ops many community functions(read "Party").

OK, keep this work up and I'll try to stay informed.

Why does it seem that doing the right thing is the hardest path to take?

Whatever the outcome know your fight is appreciated. I hope you win your case (and the likely appeals that would then follow).

You are so appreciated! Keep up the good work!!

Great work and thank you !

You are so appreciated! Please keep plugging along and do the amazing thing you do! Crossing my fingers too.

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