Rivers Caolition
February 27, 2007

GOVERNMENT ANSWERS LAWSUIT - THE BATTLE IS ON

http://www.riverscoalition.org/site_announcements/2007-feb27.html

The U.S. Army Corps of Engineers, represented by the Justice Department, filed its answer to our lawsuit on Feb. 12.

The answer denies our fundamental allegations and sets the stage for lengthy legal wrangling over months ahead. Among next steps will be the taking of depositions from our 22 plaintiffs and others. This is what runs up the legal expenses, but we have no choice as our elected officials and authorities continue with projects that will have little effect on the massive discharges we're getting in most years.

Our plaintiffs, it should be emphasized once again, are volunteering their time and resources and ask no personal gain of any kind. Our staff also consists of virtually all volunteers. This is the time that all citizens must come forward to back the lawsuit.

Recently, the city of Stuart pledged $25,000 for the case, adding to the $50,000 from Sewall's Point. Martin County also will be asked to take part. Many other efforts are under way. If you can volunteer services let us know pronto.

Our lawsuit is based on a simple point. Waterfront property owners (all of us, really) have riparian rights that entitle us under the constitution to water free of pollution. That should be an obvious right, and there are good precedents for our position.

And yet the government's position says, in effect, that we're not entitled to pollution-free water. Surely that's got to be an embarrassing stance. Of course, they'll also say that presently planned projects are going to fix the estuary. But when one analyzes the pending projects, it is clear that the discharges will not be stopped.

Only court orders will get us relief. Scientists have said for many years that a storage flowway south from Lake Okeechobee is essential for the estuaries and lakes but special interests have defeated this concept. The suit can change all that, and apparently nothing else will do the job.

May we hear from you right away?