Everglades restoration continues to have unwavering support as a top priority for the South Florida Water Management District governing board and staff. The state and the district have already spent more than $1 billion on phosphorus reduction and have made tremendous strides to clean up the Everglades. In addition, billions more are committed to implement the federal/state partnership to revitalize the Everglades ecosystem by increasing clean water supplies and restoring more natural flows.

Recently, opponents have attempted to oversimplify specific legal issues and incorrectly characterize the SFWMD’s defense of a lawsuit now headed for a final decision by the U.S. Supreme Court as “pro-pollution.”

This federal court case (commonly referred to as the S-9 case) involves a legal dispute about the inappropriate and unnecessary application of a federal permit process under the Clean Water Act.

This federal permit process was never designed to be applied to the mere movement of water though a pump station. In addition, all parties concede that the SFWMD — through operation of the regional water management system designed to provide flood relief — adds absolutely no pollutants to the water being moved.

When the U.S. Supreme Court recently agreed to hear the S-9 case, the SFWMD considered it another victory in the fight to clean up and protect the Everglades. Limited resources must be specifically focused and fully used to ensure that Everglades restoration is a complete success.

The SFWMD cannot and will not allow the lower court decision to stand unchallenged, potentially forcing valuable, limited resources to be redirected to a federal permitting process designed for wastewater treatment plants and industrial polluters.

Why did the Supreme Court accept the case? The district believes that the court recognized that this is a national issue revolving around the statutory interpretation of a federal permit requirement and is not limited to the Everglades. The court’s decision will have serious ramifications on how the nation’s water control structures are operated for flood control and other purposes for the benefit of the public.

By aggressively defending this lawsuit, the SFWMD continues to demonstrate its firm commitment to maintaining complete focus and momentum on Everglades restoration.