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Our friendly neighborhood lawyers have derailed Everglades restoration yet again. Mod Waters, the original and still the most important element of restoration, which long predates CERP, has been put on hold yet again, as the Miccosukee tribe objects to the project in court. From Audubon of Florida:

Construction of a 1-mile bridge along an eastern portion of Tamiami Trail intersecting Shark River Slough, being built to restore flows into Everglades National Park, cannot begin until further analysis is conducted, a Federal Judge said on Friday.  The US Army Corps of Engineers (Corps) was sued by the Miccosukee Tribe in June to prevent a groundbreaking on the project that was scheduled for December.  The bridge is part of the Modified Water Deliveries to Everglades National Park project (Mod Waters), which was passed by congress in 1989, more than a decade before the Comprehensive Everglades Restoration Plan (CERP).  This 1989 legislation also
Everglades restoration depends upon the successful construction of the Tamiami Trail bridge.
said that Mod Waters must be completed before other essential projects can begin.  The goal is to re-establish historic flows from the Water Conservation Areas north of Tamiami Trail south to Everglades National Park, and to keep flows concentrated in the historic heart of flow: Shark River Slough.  The 1-mile bridge is an important first step, opening up flows along Northeast Shark River Slough, the area that has been the most flow-deprived.  These changes are urgently needed to prevent the continued deterioration of the Everglades and to provide the ecological benefits necessary for wildlife recovery.   

In 2005, due to high cost estimates, Congress rejected a plan to build a 2-mile western bridge in addition to the 1-mile bridge, which is why the Corps moved to this 1-mile alternative in 2008 as a way to jump start moving needed flows under Tamiami Trail.  Judge Ursula Ungaro ruled that because the Corps did not evaluate enough of the differences between the 2005 and 2008 plans, a more in-depth analysis of the new plan must be conducted before any further steps are taken toward building the bridge.  Some specific areas to be re-evaluated include any changes in the environment near the project during the time of construction, and flooding impacts to Miami-Dade County and lands owned by the Miccosukee Tribe.

We are at a crossroads when for the first time in twenty years, the political will has converged with Corps planning, identified funding, and potential benefits, yet because of this decision, the project will be further delayed.  Audubon has been working arduously to ensure that this project moves forward and will continue to use our strength in political and legal advocacy to see that Mod Waters comes to a successful conclusion and provides the foundation for CERP.

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