Pre-Trial Work Progress

The Rivers Coalition Defense Fund's riparian rights lawsuit against the U.S. Corps of Engineers is progressing as expected in the Court of Federal Claims in Washington. The Corps filed is Motion for Summary Judgment and the Defense Fund is responding. Two more responses will follow and then Judge Bush is expected to schedule an oral argument, probably in April.

Attorneys have completed pre-trial testimony which is termed a "massive undertaking." The Rivers Coalition effort is considered to be influential in a growing concern about the estuarys' conditions and in spurring favorable positions for the River of Grass Purchase of U.S. Sugar lands.

In a seprate water transfer lawsuit, in which EarthJustice contends on our behalf that it is unlawful to discharge excessive polluted water into the St. Lucie estuary, Miami Federal District Judge Altonaga has stayed the case pending an appeal in the previous backpumping case.

Meanwhile, the Corps and District have stopped "base flow" discharges into Martin County waters, which has resulted in cleaner waters for the time being at least.

The additional lawsuit, coupled with outspoken advocacy by the Rivers Coalition, played a key role in getting the discharges cut back at Stuart.

Posted February 11, 2009

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