The Palm Beach Post

Posts Tagged ‘Courts’

Rivers Coalition loses its case against the federal government, plans to appeal

Monday, February 1st, 2010 by Cara Fitzpatrick

A federal judge has ruled against activists for the St. Lucie River who sued the federal government on claims that it violated their property rights by allowing the U.S. Army Corps of Engineers to pollute the waterway with massive discharges from Lake Okeechobee.

Judge Lynn Bush said the discharges’ long-term environmental effects on a “national treasure” were tragic, but she agreed with federal lawyers who argued that the property owners were past a six-year statute of limitations to pursue their case.

Even if they weren’t, she said, their property rights claim still would fail under state and federal law.

The plaintiffs, whose suit is being paid for by the non-profit Rivers Coalition Legal Defense Fund, waited several years to have their case heard in the U.S. Court of Federal Claims in Washington. They sought $50 million in damages, once the combined market value of their 22 riverside properties.

Karl Wickstrom, coordinator for the Rivers Coalition, said they plan to appeal the decision, which was released last week.

“We think she’s dead wrong,” he said. “It’d be scary if we couldn’t be protected from our own government when they pollute the water.” (more…)

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