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Items filtered by date: Tuesday, 10 May 2016

Solar power set another record-low price as renewable energy developers working in the United Arab Emirates shrugged off financial turmoil in the industry to promise projects costs that undercut even coal-fired generators.

Developers bid as little as 2.99 cents a kilowatt-hour to develop 800 megawatts of solar-power projects for the Dubai Electricity & Water Authority, the utility for the Persian Gulf emirate, announced on Sunday. That’s 15 percent lower than the previous record set in Mexico last month, according to Bloomberg New Energy Finance.

The lowest priced solar power has plunged almost 50 percent in the past year. Saudi Arabia’s Acwa Power International set a record in January 2015 by offering to build a portion of the same Dubai solar park for power priced at 5.85 cents per kilowatt-hour. Records were subsequently set in Peru and Mexico before Dubai reclaimed its mantel as purveyor of the world’s cheapest solar power.

“This bid tells us that some bidders are willing to risk a lot for the prestige of being the cheapest solar developer,” said Jenny Chase, head of solar analysis at BNEF. “Nobody knows how it’s meant to work.”

Plunging costs along with the bankruptcy for the biggest developer, SunEdison Inc., has spurred questions about whether the cheapest projects will ever be profitable. The collapse of the world’s largest renewable energy company made some banks wary of financing projects. The winners of recent auctions in Mexico, Peru and Chile were diversified power companies like Enel SpA, which perhaps prioritized market share over profit maximization.

Dubai’s utility didn’t identify the developers behind the record-low bid it received. MEED reported that it’s a group including Masdar Abu Dhabi Future Energy Co., Spain’s Fotowatio Renewable Ventures BV and Saudi Arabia’s Abdul Latif Jameel. Among those companies, only Masdar could be reached for comment, and it didn’t confirm that it was the low bidder.

“A consortium led by Masdar, Abu Dhabi’s renewable energy company, was one of a number of bidders to have submitted a proposal for the third phase of the Mohammed bin Rashid Al Maktoum Solar Park,” a spokesperson for the consortium said in an e-mailed statement. “This is an active bid, with the technical and commercial proposals being evaluated by Dubai Electricity and Water Authority.”

Tender Process

The shift to tenders from feed-in tariffs for clean energy globally has helped governments rein in support for renewables while prodding companies to deliver lower costs. That’s shifted pressure away from government budgets and toward developers, which must strike a balance between a winning new contracts and maintaining profits.

Enel Green Power’s Chief Executive Officer Francesco Venturini, whose company bid 3.5 cents a kilowatt hour in Mexico last month, said in an interview that his projects will still make decent money even with record-low prices for electricity.

Enel’s Strategy

“There is no value in winning without margin attached,” Venturini said in an interview in Brussels last month. “I have two investment committees and two boards of directors I need to present my projects to and they want to see the money attached to it. So trust me, there is margin.”

Dubai’s state utility said it received five bids for the 800-megawatt project, which will be the third phase of the Mohammed bin Rashid Al-Maktoum solar park. It has not awarded the building permits yet. The facility is planned to have a capacity of 5 gigawatts by 2030.

“This price is borderline in terms of viability, but it’s an outlier project,” said Josefin Berg, solar analyst at IHS Inc., an industry researcher. “The size of the installation makes it easier to get good conditions on their procurement. It shouldn’t be used as a benchmark.”

The 2.99 cents bid for the solar project is a third lower than the electricity that will be generated by a coal plant commissioned by Dubai in October. That facility, set to begin generating in 2020, is expected to feed power onto the grid at 4.501 cents per kilowatt-hour under a 25-year power purchase agreement.

Published in Environment

Ed. Forward: As property prices and costs go up in the U.S. and increasing number of retiring Americans are looking to live in lower cost countries where they feel welcomed. Ecuador is considered one of the top five overseas retirement destinations for the past decade. It also helps that Ecuador uses the U.S. dollar as its currency and due to its proximity to the equator, has near perfect weather. Since it is estimated that over 89% of Americans will see a drop in their lifestyle due to insufficient retirement savings, The Sun Bay presents this as part of our continuing coverage of alternative ways to enjoy those "golden years in style, comfort and security. Welcome to Gringolandia!

Susan Lamy and her husband, Jean Pierre, owned a successful interior-design business in Westport, Conn., but they still worried about how they would make ends meet in retirement. “Just paying for the basic necessities was killing us, and we could see that there was no way that we would ever be able to stop working,” says Lamy.
The search for an affordable retirement spot led the couple to Cuenca, a Unesco World Heritage site in Ecuador’s southern Andes. They settled there in 2013 and now live in a spacious apartment with a terrace overlooking the Yanuncay River. Lamy says she and her husband enjoy a high standard of living in Cuenca for around $2,500 a month, paid for by their Social Security checks: “This seemed to be the best possibility for having a really terrific life on a fixed income.”
















The Don Colon restaurant in Cuenca's downtown is a favorite expat watering hole.

Photographer: Alejandro Reinoso for Bloomberg Businessweek


The combination of a subtropical climate, well-preserved colonial architecture, and low cost of living has made Cuenca a magnet for North American and European retirees—an estimated 5,000 now call the city of 500,000 home. Senior citizens also benefit from subsidized health care and medicine, discounted transportation, and a busy calendar of free cultural events sponsored by the city.
While some retirees have opened cafes and small stores, Ana Paulina Crespo, director of external relations for the city’s municipal government, says the new arrivals haven’t made significant contributions to the local economy. One sore point is that many rely on Ecuador’s health-care system, where the tab for heart bypass surgery is about $10,000, or less than one-tenth the cost in the U.S. “The wave of migrants has been growing, and it’s begun to generate friction,” she says. “Our biggest challenge right now is to find ways to benefit from all the foreigners.” The municipality is developing policies to better integrate the immigrants, including pairing retirees who have expertise or specializations with local universities and creating opportunities for them to volunteer in the community.
When the swell of international pensioners began about six years ago, local real estate developers initially thought the new arrivals would be wealthier Americans interested in buying properties, says real estate agent Maribel Crespo, a distant relation to the mayor’s aide. Instead, most turned out to be middle-class retirees from the U.S. who live on about $1,500 to $2,000 a month and choose to rent instead of buy homes. A two-bedroom condo goes for about $700 a month, Crespo says.
Still, building costs have almost doubled in the last six years as developers have rushed to accommodate the new arrivals. Demand for properties overlooking one of Cuenca’s four rivers has soared, and a neighborhood of apartment towers, known as Gringolandia, has sprung up on the city’s outskirts. “I’m bothered because the price of everything has gone up,” says taxi driver Fabiola Coro, and that includes her rent along with the price of a Panama hat, which, contrary to its name, is an Ecuadorean handicraft. Coro says malls are springing up to cater to the newcomers, but locals can’t afford to shop there.

Sandra and Wayne Materi, a Canadian couple who’ve been living in Cuenca since 2011, understand the concerns, but think Ecuador’s recent oil-fueled economic boom had a bigger role in pushing up prices than the city’s growing colony of snowbirds. Also, an estimated 25,000 Cuencans who left the country during a financial crisis in the late 1990s have taken advantage of government programs enticing back emigrants, further increasing pressure on a tight real estate market.
Language and cultural barriers may also be behind some of the complaints, but those haven’t slowed down the Materis, Sandra says. The couple joined informal classes pairing locals who want to learn English with retirees who want to learn Spanish. And they practice tai chi with locals in the mornings at a nearby park. In fact, the number of social invitations the Materis receive can be overwhelming. “There’s both a curiosity and fear on both sides, but in terms of how we’ve been received by Ecuadoreans, they’ve been very warm,” she says. “People go out of their way to help.”
The bottom line: Cuenca is home to some 5,000 North American and European retirees, most of whom have arrived in the past six years.

Published in Business

Innovator: Sona Pohlova and Tomas Zacek
Age: 31 and 36
Title: Architects and co-founders of Ecocapsule, a startup in Bratislava, Slovakia, with four full-time employees

Form and function
Made of insulated steel and aluminum with a fiberglass shell, the Ecocapsule is a 1.1-ton, 70-square-foot mobile home powered by wind and solar energy for off-the-grid living.

Pod 1

In 2009 the co-founders entered a competition to design a small home. They didn’t win but drew enough interest from potential buyers that they kept working on it.

The capsule, available later this year from the company’s website, costs about $90,000, plus shipping.

Pod 2

Enter through a hatch in the 15-by-7-by-8-foot pod to find a small stove, toilet, and shower on one side and a foldout bed and table on the other. The capsule’s wooden interior can be customized for various uses.

The capsule can generate as much as 1.35 kilowatts via a wind turbine and solar panels on the roof. It stores up to 10kw in a rechargeable battery with a seven-year life span.

Ecocapsule is processing its first 50 preorder deposits and has received 17,000 e-mails expressing interest, including from U.S. Army contractors, Zacek says.

Next Steps
Ecocapsule is seeking $1 million in capital so it can begin larger-scale production. Peter Wheelwright and Alison Mears, architecture professors at New York’s New School, say they worry its materials may be environmentally unfriendly and possibly unsafe. Aluminum production is energy-intensive, and some fiberglass products can contain formaldehyde, a toxic chemical. Zacek says the materials are safe. He and Pohlova are researching alternative materials, such as hemp, to make the capsule greener.

Published in Lifestyle

Freshwater polluted by harmful algal blooms costs the United States at least $64 million every year, by government estimates.
Now four federal agencies are collaborating on a $3.6 million research project to transform satellite data into information in formats that managers can use to protect human health and the environment from harmful algal blooms.

Offshore of New Jersey and New York, a vast bloom of phytoplankton gave the Atlantic Ocean a chalky green color, as seen by the Operational Land Imager on the Landsat 8 satellite, August 3, 2015 (Image courtesy NASA)
The four agencies – U.S. Environmental Protection Agency, the National Aeronautics and Space Administration, the National Oceanic and Atmospheric Administration and the U.S. Geological Survey – are developing a method that will detect and measure the harmful algal blooms in freshwater systems by satellite.
This satellite data will go to support the environmental management and public use of U.S. lakes and reservoirs.
Ocean color satellite data are currently available to scientists, but are not routinely processed and produced in formats that help state and local environmental and water quality managers.
Through this project, satellite data on harmful algal blooms developed by the four partner agencies will be converted to a format that stakeholders can use through mobile devices and web portals.
“The vantage point of space not only contributes to a better understanding of our home planet, it helps improve lives around the world,” said NASA Administrator Maj. Gen. Charles Frank Bolden, Jr. “We’re excited to be putting NASA’s expertise in space and scientific exploration to work protecting public health and safety.”
Cyanobacteria are a genetically diverse group of photosynthetic microorganisms – formerly known as blue-green algae – that occupy a broad range of habitats on land and water all over the world.
If the water is full of excessive nutrients from fertilizers and manure, cyanobacteria rapidly multiply to create a cyanobacterial harmful algal bloom, or cyanoHAB.

In Article












Offshore of New Jersey and New York, a vast bloom of phytoplankton gave the Atlantic Ocean a chalky green color, as seen by the Operational Land Imager on the Landsat 8 satellite, August 3, 2015 (Image courtesy of NASA)

When conditions are right, the growth of microscopic phytoplankton can blossom to scales that are visible from space for weeks.
Some cyanobacteria produce toxins that can kill wildlife and domestic animals and cause illness or death in humans
People and animals get sick through exposure to contaminated freshwater or by the consumption of contaminated drinking water, fish or shellfish.
In August 2014, officials in the city of Toledo, Ohio, banned the use of their regular source of drinking water supplied to more than 400,000 residents after it was contaminated by an algal bloom in Lake Erie.

The dark blues in the oceans represent algae-free zones, the greens are highly productive regions. The red zones are areas where phytoplankton and algae have bloomed to harmful levels. (Image by SeaWIFS / NASA)
But cyanoHABs are not just an American problem; they’re a worldwide expensive and unpredictable public health threat that can affect millions of people.
“Harmful algal blooms have emerged as a significant public health and economic issue that requires extensive scientific investigation,” said USGS Director Suzette Kimball. “USGS uses converging lines of evidence from ground to space to assess changes in water quantity and quality, ecosystems, natural hazards, and environmental health issues important to the nation.”
CyanoHABs are a product of a complex set of natural and human influences that make it challenging to provide early warning for public health protection and to minimize socioeconomic impact.
Rapid detection of potentially harmful blooms is essential to protect humans and animals from exposure. Development of a scientifically robust, systematic identification of CyanoHAB events is key to achieving an early-warning capability and to focus field resources more efficiently.
NOAA and NASA pioneered the use of satellite data to monitor and forecast harmful algal blooms. Satellites allow for more frequent observations over broader areas than water sampling.
Satellite data support NOAA’s existing forecasting systems in the Gulf of Mexico and Great Lakes.
Through this project, satellite data on harmful algal blooms developed by the partner agencies will be enhanced by coupling satellite data with field measurements of cyanotoxins and pigments associated with cyanobacteria that can be translated to cyanobacteria abundance.
The combination of field measurements and remotely sensed data allows for the development of nationally consistent, physically based models that can be converted to a format that stakeholders can use through mobile devices and web portals.
Satellite remote sensing tools may enable policy makers and environmental managers to develop early-warning indicators of cyanobacteria blooms at the local scale while maintaining continuous national coverage.
“Algal blooms pose an expensive, unpredictable public health threat that can affect millions of people,” said Sarah Ryker, USGS deputy associate director for climate and land use change. “By using satellite-based science instruments to assess conditions in water and on adjacent land, we hope to improve detection of these blooms and to better understand the conditions under which they occur.”
The Landsat satellite series, a joint effort of USGS and NASA, has provided a continuous dataset of land use and land cover conditions since 1972. The latest satellite, Landsat 8, has demonstrated promising new capabilities for water quality assessment.

Published in Environment

“Abstinence promotion” policies the United States has funded for more than a decade as part of an effort to slow the spread of HIV in sub-Saharan Africa are largely ineffective, a new evaluation of the program concludes.

The U.S. has spent more than $1.4 billion since 2004 telling young people in Africa to abstain from sex before marriage and then commit to a single partner. That funding didn’t influence the number of sex partners people had, the age at which they started having sex, or teen pregnancy rates, according to a study published on Monday in the journal Health Affairs by researchers at the Stanford School of Medicine.

The abstinence policies are a controversial part of former President George W. Bush’s ambitious program to fight HIV, the virus that causes AIDS, around the globe, and they have continued under President Obama. The broader effort, known as the President’s Emergency Plan for AIDS Relief, or Pepfar, is widely considered a global health success. It has delivered life-saving HIV medicines to millions of people, largely in poor countries in sub-Saharan Africa, at a cost of more than $50 billion since 2004. The program "reset the world's expectations for what can be accomplished with ambitious goals, ample funding, and humanitarian commitment to a public health crisis,” according to a 2013 evaluation by the Institute of Medicine.

From the start, though, Pepfar was subject to certain ideological restrictions. The money couldn’t go to needle exchanges or to organizations that didn’t have policies explicitly opposing prostitution. Of Pepfar's prevention funding, the law required at least a third to go to programs focused on abstinence and faithfulness. That restriction was loosened in 2008, but the U.S. has continued to devote tens of millions of dollars a year to such programs.

The policy clashed with the reality of the HIV epidemic on the ground in Africa. For example, the 2013 Institute of Medicine report noted the “inherent mismatch between an abstinence/be faithful approach and programs for individuals engaged in sex work,” who are an important target for HIV prevention efforts. The Health Affairs report adds that abstinence promotion may be funded “at the opportunity cost of other, potentially more effective, prevention services,” such as promoting condoms or treatment to prevent HIV-positive mothers from passing the virus on to newborns.

The study has some limits. It didn’t compare individual people who had received abstinence education with those who had not, and researchers may not have been able to control for all the differences between the countries they compared.

A spokeswoman for Pepfar didn’t respond to questions about current funding for abstinence programs or whether Pepfar plans to continue them. In an e-mailed statement, Pepfar said it has “continually evolved its approach,” based on the latest evidence.

Additional evaluations of abstinence policies have found little evidence that they work. An analysis by researchers from the Centers for Disease Control and Prevention in 2012 that looked at 23 studies on abstinence education, mostly in the U.S., found "inconsistent findings" and couldn’t draw any conclusions as to how effective they were.

The Health Affairs study, funded by the Doris Duke Charitable Foundation and the Center on the Demography and Economics of Health and Aging at Stanford, provides further evidence along those lines. Stanford researchers used survey data from more than 477,000 men and women. At the country level, they found no meaningful effect from the promotion of abstinence.

Pepfar has had many successes. It appears that an expensive experiment in promoting abstinence isn’t one of them.

Published in Politics

MIAMI — The second attempt by an endurance runner hoping to reach Bermuda from Miami ended early Sunday when he asked to be removed from his "hydro pod." The runner ignored a previously issued Coast Guard Captain of the Port (COTP) Order to not depart on his seagoing journey. The Order outlined specific safety conditions which Mr. Baluchi failed to meet.
At approximately 2 a.m. Sunday, a Coast Guard Station Fort Lauderdale boatcrew discovered Mr. Reza Baluchi aboard his makeshift hydro pod approximately 7 miles off the coast of Jupiter en route to Bermuda. Coast Guard crews remained on-scene with Mr. Baluchi throughout the night to ensure his safety and to prevent other vessels from colliding with the hydro pod. The Coast Guard Cutter Gannet arrived on scene, and Mr. Baluchi voluntarily ended his own voyage.

Mr. Baluchi embarked the Coast Guard Cutter Gannet with his hydro pod in tow.
"This was an inherently unsafe voyage attempt that put the lives of Mr. Baluchi and other mariners in danger," said Capt. Austin Gould, Coast Guard Sector Miami Commander. "This proposed adventure unnecessarily risked the lives of Mr. Baluchi, the maritime public, and our Coast Guard men and women. Additionally, the Coast Guard is obligated to ensure taxpayer money and resources are used efficiently and appropriately."

The Coast Guard issued a formal letter to the adventure runner April 15th, ordering Mr. Baluchi to not embark on his sea-going adventure without ensuring appropriate safety measures were in place.

One purpose of COTP orders issued pursuant to 33 U.S.C. 1221 et seq, The Ports and Waterways Safety Act, is to ensure the safety of vessels. A violation of a COTP order may result in imprisonment as well as civil and criminal penalties.

During his previous attempt to reach Bermuda in October 2014, Baluchi cost U.S. taxpayers more than $140,000 in Coast Guard rescue expenses.

Published in Outdoor

Following his decisive win in Indiana, Donald Trump is now the presumptive Republican nominee for the 2016 Presidential election. His victory also retired Sen. Ted Cruz from the race. “The Donald” won the Hoosier state by roughly 52% capturing 51 of 57 delegates leaving him with slightly over 200 to win an uncontested nomination at the convention in August and there are three times that many remaining in upcoming primaries including delegate rich California where Trump is ahead by double digits. He’s also favored in most of the remaining states.

Since last August when most, if not all, other media sources were calling Trump a “flash in the pan” and most certainly not capable of winning his party’s nomination, The Sun Bay Paper has consistently written that Trump would prevail and win. His populism resonates with American voters who are fed up with established politicians and side with Trump on restricting illegal immigration, securing our borders and establishing fair trade practices to restore U.S. security and prosperity.

While Cruz honorably ended his bid for the nomination, once it became impossible to numerically stop Trump, Ohio Gov. John Kasich with far less delegates and wins than the Texas Sen., stubbornly refuses to step down and allow the Party to consolidate behind Trump. He is increasingly viewed as a spoiler.

Meanwhile, on the Democratic ticket, the battle continues between establishment candidate Hillary Rodham Clinton and Bernie Sanders. The Vermont Sen. won in Indiana and continues to win more earned delegates that Clinton. But under Democratic Party rules, Clinton maintains a hefty lead due to super delegates positioned by the Party elite to insure Clinton the nomination.

Sanders and Trump have said the system is “rigged and unfair and both have pledged reforms if elected

“Trump is going to carry the nation to victory as our next President,” says The Sun Bay publisher Carl Conley.

“Not he’s not,” said Conley’s long-term friend former Lee County Commissioner Ray Judah.

The two have a standing bet for dinner that will be paid after the general election in November of this year.

LATER BREAKING NEWS: Kasich has also retired from the race leaving only Trump.

Published in Politics

SW Florida’s “water wars” are heating up and David Guest a litigator and managing attorney for Earth Justice has his hand on the thermostat.

The “thermostat” is a legal case entitled Catskills Chapter of Ducks Unlimited versus the EPA # 14-1823 and it is currently in the Federal 2nd Court of Appeals for review following a protracted battle in the District Court of New York. The name and location of the lawsuit may make it appear at first blush to have nothing to do with our water problems here in the Sunshine State, but if Guest and his organization ultimately prevail their efforts may be the most significant blow to date against the arcane administration of the South Florida Water Management District (SFWMD) – the agency considered by many to be the root cause of back pumping water into the Caloosahatchee River.

According to Guest and many local officials and activists intimately familiar with the issue, it is back pumping and a failure to send water south from the northern basin into the Everglades that create and exacerbate a great deal of South Florida’s water problems. Ills that include algae blooms, red tides, fish kills, coral reef degradation and oyster bed die-offs, among others

In order to understand the case, its complexity and why the fight against the SFWMD is crucial to the fight it is necessary to go back and learn a little history.

David Guest speaking to reporters after Tallahassee press conference 2 21 2012




















David Guest speaking to reporters after Tallahassee press conference

In the 1900’s the Everglades was a giant “river of grass” that filtered water from the north of Florida down into Florida Bay. Both the Bay and the Everglades itself were huge estuaries where much of our area’s flora and fauna originated and flourished. Many likened the flow of water through the Everglades to a “sheet” since it covered the top of the land nourishing all it came into contact with. It was natural and it worked. That is it worked fine until man decided to drain the everglades and monkey with Mother Nature.

In the 1900’s the Everglades Drainage District (EDD) was created and tasked with raising money to drain the basin to pave the way for the huge influx of people that were arriving into South Florida looking to farm, ranch, build businesses, raise homes and just generally develop the swampy land to suit human needs.

To meet its mandate the EDD built, in the words of Attorney Guest, “canals, canals and more canals.”

“The idea was to turn what was then the upper portion of the drainage area immediately south of Lake Okeechobee into muck farmlands. The EDD did this but what they didn’t know was that when the wetlands subsided, the water pooled into the Lake. To counter this high water and protect the surrounding areas, the EDD built a dyke in 1926,” said the knowledgeable lawyer.

Perhaps as a precursor to the woes that were to follow water management for the next hundred years, in 1928 that dyke burst during a cyclical hurricane and killed 2,800 people.

To address the situation, the Federal Government stepped in and empowered the Army Corp of Engineers with building the much larger and stronger Hoover Dyke.

One the water was contained, during the 1930’s and 40’s, the Sugar industry started beating the drum to get bigger canals and more of the water into their fields.

To aid both agriculture and ranching and take on this huge task, the EDD was replaced by the Central and Southern Florida Flood Control Project was born. The mantra became, in the words of Earth Justice to “let the Army Corp build it and have a special local agency manage the project to standards set by the Corps.”

In 1975, this model for managing South Florida’s water morphed into the SFWMD which to this day manages the water as special taxing district; a district that has grown ever more powerful as the state tax base has grown.

At one time, the District had one of the largest air fleets in the state and its own flag; there was just an incredible amount of money generated and a lot of it was spent to help develop what are now powerful sugar and ranching interests. They are the 2nd biggest employer and one of the biggest landowners in South Florida. They are an incredibly vast bureaucracy – looming like a fiefdom over the citizen serfs they ostensible serve

“This is where a lot of the problem began,” said Guest. “Because of the desire to create agricultural land by continuing to drain the Everglades, money began pouring out of their ears but the SFWMD really had no accountability to anyone. This is always a bad mix – too much money, a mandate to develop with no one to oversee the work to insure it is for everyone’s’ best interests not just a handful of special interests,’ he added.

David Guest 12 mw 080311David Guest has been at the center of enviormental activism since his days in the Siera Club, he is currently working a major Federal Case that may determine the future of back pumping by the SW FL. MGT. District from Lake Okachobee that has affected SW Floridians.

To this day, the SFWMD operates all the canals that control the water flows except the Saint Lucie and Caloosahatchee Rivers which they essential use as drainage to the Atlantic and Gulf for water accumulating in Lake O.

“Their role (Army Corps) is to keep people from dying in floods and they pay little attention to the fact that the lake is used by Big Sugar and ranchers as a gigantic water supply coming in and a huge drainage pond for water flowing out,” Guest told the Sun Bay.

Which bring us back to the current case – an effort by Earth Justice and the attorneys under Guest’s direction to stop back pumping water into our backyard.

“We went to court and initially won a related 2002 case against the EPA for failing to stop back pumping by the District, but while the case was on appeal to the Supreme Court the Bush administration adopted a federal administrative rule that reversed our victory by creating an ‘exemption’ to the rules we had fought so hard to establish,” Guest said.

“We had gone through God knows how many procedural things, like what Circuit Court had jurisdiction and the like but we won and in a very rater decision we also prevailed conclusively when the Supreme Court refused to hear the case. It’s called a denial of certiorari and it’s very unusual to have the Supreme Court deny a hearing to the solicitor general of the U.S. But then Bush’s special exception put us back to square one.”

“So, we filed the case using Ducks Unlimited as our plaintiff to get all the players back into court. The case is currently languishing in the 2nd Court of Appeals. We argued it there this past December and while it may take a long time we are anticipating a decision in the summer or fall of this year. It is likely we will win in the 2nd Circuit but we’re sure the EPA, who acts in a broad sense for the Corps and SFWMD’s interests in continuing back pumping, will appeal the case to the U.S. Supreme Court where the outcome, because of the current 4 to 4 split is more uncertain, elaborated Guest.

Observers of the Supreme Court note that it has only sided with the “greens” once or twice over the past 15 to 20 years. Traditionally the high court either affirms lower court rulings in favor of the government or overturns wins in favor of green policy. They note that since Justice Antonin Scalia is no longer on the bench, the court is often deadlocked on environmental issues.

“It is essential to most environmental causes that another centrist is confirmed,” said environmental researcher James Banowski.

Guest agrees and ads that if Earth Justice and his team of litigators do win, it will be a huge coup against the SFWMD.

“They’re like a giant feral cat on the loose; trying to get them to do the right thing for the public over special interests is like trying to control a waterbed rolling downhill, Guest spoke with a mixture of humor overlaying what is too him a very serious issue.

While Earth Justice may win the current lawsuit, there will be continue to be a battle for the water in South Florida and how it we use it will ultimately determine our future and quality of life here in the semi-tropics.

To those who have long fought this battle there can be only one solution – nature’s traditional flow of the water south through the Everglades must be restored.

“We have to send the water south,” former Lee County Commissioner Ray Judah told the Sun Bay.

Just last week, Judah published a guest commentary in both the Sun Bay and the News-Press calling the SFWMD to task for failing to recognize that restoring water flows south is the only “good science,” and that the District is failing the people of South Florida by failing to do what everyone knows is right.

In a sharply worded response this week, the District said Judah “inaccurately alleged flawed scientific modeling was used in Everglades restoration planning.”

The SFWMD went on to defend their practices saying, “the science of computer modeling used at the South Florida Water Management District to design, build and operate projects that are restoring the Everglades is among the most advanced in the world.”

Guest and Earth Justice say Judah’s right and the District is wrong.

“The ONLY solution to fixing the Everglades and ending the problems associated with back pumping is to restore the flow way south,” said Guest with absolute certainty.

If the solution is so plain to see and the science is so clear then why do Floridians continue to suffer under the districts misfeasance?

Guest has an answer. “When it comes to long-term water control and usage the Big Dogs always eat first. The Army Corps, Agricultural interests, the Cattlemen’s Association and Big Sugar will be first and the Everglades last.”

Solving the water woes of South Florida is going to require more corporate responsibility than what we’ve been seeing. There should be a principle of personal responsibility applied equally to our corporations. If the Fanjuls (one of the biggest families that control the land around Lake O) and U.S. Sugar would find a way to make money and serve the public good then they’d meet this sense of responsibility and it’s an indictment of their lack of concern for the rest of us that they don’t. Nobody would care if they got richer if they abandoned their greed,” Guest said adamantly.

While it appears there is no immediate end in sight, one solution would be for Big Sugar to sell 60 to 80 thousand acres of the 350-400,000 acres they control to the people. This land could then be used to store, treat and then sent the water south restoring ecological balance to South Florida. Funding to acquire the land has been available ever since voters funded land acquisition and restoration, but, as reported by the Sun Bay two weeks ago, the Scott administration continues to squander the funds on paying for things never intended by the people when they approved the funds for the so-called Legacy Florida bill.

One again political manipulations are superseding science and the will of the people.

Guest says eventually Sugar will probably eventually sell the land, but not before much more damage it done.

“Rather than look outward to the public good, these corporations tend to look inward in an internecine way because they believe if they work for any interests outside of their own they’re selling out. It’s a mindset of maximizing profit over good policy and its killing South Florida.”

Published in Environment

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