Environmental Groups and Concerned Citizens File Notice to Sue U.S. Army Corps of Engineers for Endangered Species Act and Permit Violations in the PortMiami Deep Dredge Project

Environmental organizations and concerned citizens join together to protect Miami's coral reefs from environmental harm during PortMiami Dredging Project

Miami, FL - On July 16, 2014, Biscayne Bay Waterkeeper, Captain Dan Kipnis, Coral Morphologic, Miami-Dade Reef Guard Association, Sierra Club Miami Group, and Tropical Audubon Society, filed a citizens' notice of suit letter alleging that the U.S. Army Corps of Engineers violated the Endangered Species Act, in addition to several permit conditions by the Florida Department of Environmental Protection (DEP) d
uring the PortMiami Deep Dredge project. In its letter, the environmental coalition identified a long list of violations, including that the Army Corps' contractors are not protecting threatened coral species, allowing excessive amounts of dredge sedimentation buildup on the reefs, not sufficiently monitoring sedimentation, and failing to move dredge ships away from corals that are exhibiting signs of injury or degradation.

“The Army Corps of Engineers has, from the very beginning, failed to comply with even the limited conditions placed on them by their permit,” said Rachel Silverstein, executive director and waterkeeper for Biscayne Bay Waterkeeper. “As our local divers, snorkelers, scientists, and fishermen well know, Floridians have already lost over 80% of our coral reefs. These resources are critical for Miami’s economy and culture. We cannot allow the Army Corps to cut corners and continue to harm the little bit that remains of these irreplaceable natural resources.”

Colin Foord, a marine biologist with Coral Morphologic, one of the groups who conducted a coral rescue mission in the dredging area, stated, I know firsthand how vibrant and special these reefs are, and these urban corals off of Miami should be treasured and protected. I’ve seen the devastation that the dredging is having over a wide expanse of the natural reef. Everything nearby is getting buried by sediment, and at times when diving, it can be almost impossible to see your hand in front of your face. If it continues like this, many of Miami’s corals will not survive the duration of this project.”

The notice of suit letter alleges that, since the project commenced in November 2013, the Army Corps has failed to comply with a number of requirements, to the detriment of valuable and threatened local marine species. According to the letter, the Army Corps was also well aware that a large number of staghorn coral colonies, a species listed as threatened, but soon to become endangered, were living adjacent to the dredging area. Despite this, the Army Corps made no effort to protect, transport, or monitor these rare and protected corals.

The 2011 DEP permit, issued following a previous challenge by Biscayne Bay Waterkeeper, Dan Kipnis, and Tropical Audubon Society, was relatively limited in scope and straightforward in its requirement that the Army Corps take certain steps to mitigate the environmental impact of the dredging project.

“It is DEP’s permit that the Army Corps is violating, and if DEP isn’t going to enforce its rules, we, the citizens of South Florida, will stand up for our own local resources,” said Laura Reynolds, executive director of the Tropical Audubon Society. “Local groups and citizens should not have to spend their time and money making sure that the government follows its own laws.”

These reefs at risk, and the fish and marine life they support, are critical to the survival of Miami’s tourism, diving, fishing, and seafood industries, which are engines for the local economy.

“Once the Army Corps completes the dredging project, it will leave town, leaving South Florida to suffer the consequences,"
 noted Captain Dan Kipnis, a veteran of multiple actions against the Army Corps projects.

Under the terms of the DEP permit, Miami-Dade County and its taxpayers, not the Army Corps of Engineers, will have to foot the bill for any environmental damage that exceeds the permit’s allowances.

“In an ironic twist, Miami’s taxpayers will suffer a double loss: permanent damage to our invaluable natural resources on the one hand, and a requirement that we pay the cost of the damage on the other,
Silverstein added.

According to the letter filed Tuesday, if the Army Corps does not come into compliance with the Endangered Species Act and if the DEP does not take steps to enforce the permit, at the expiration of sixty days the environmental coalition may then take further legal action, including the filing of a formal lawsuit, to protect Miami’s natural resources.

About Tropical Audubon Society

The Tropical Audubon Society (TAS) is a non-profit organization located in Miami, Florida established in 1947, previous Audubon Chapters have been operating in Miami-Dade for the last 100 years and this conservation  group is the longest running environmental organization in Miami-Dade County.  Their mission is to conserve and restore South Florida’s ecosystems, focusing on birds, other wildlife and their habitats for the benefit of humanity and the earth’s biological diversity.  As a founding member of the Everglades Coalition, Hold the Line Coalition and the Biscayne Bay Coalition, Audubon strives to activate grassroots action, educate the public on the environment and create action to achieve conservation objectives in South Florida.  For more information and to get involved please visit www.tropicalaudubon.org or call us at 305-667-7337

About Coral Morphologic

Coral Morphologic exists as a hybrid science-art endeavor that seeks to elevate corals as the new icons for a 21st century Miami. Through their multi-media installations, they aim to captivate and educate the public as they tell the story of Miami’s urban coral community. Visit coralmorphologic@gmail.com.

About Sierra Club Miami Group

Sierra Club Miami Group is part of the largest grassroots environmental movement in the US. We have about 2,500 members in Miami Dade and Monroe Counties. Our mission is to protect and enjoy the natural places in South Florida, teach others to understand and respect the fragile environment in which live and to practice and promote the responsible use of South Florida’s ecosystem’s and resources.


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Environmental Groups and Concerned Citizens File Notice to Sue U.S. Army Corps of Engineers for Endangered Species Act a
Environmental Groups and Concerned Citizens File Notice to Sue U.S. Army Corps of Engineers for Endangered Species Act and Permit Violations in the PortMiami Deep Dredge Project
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