Environmental Science: Florida Wetlands Permit Fiasco

Florida Wetlands Permit Fiasco

2008 saw the beginning of a six year battle over a Florida Pine Plantation, although no one knew it at the time. The Highlands Ranch Bank, created under the auspices of the Carlyle Group and Hassan & Lear Acquisitions, sought 688 credits from the St. Johns River Water Management District to offset dry land being turned back into wetlands. These credits could then be sold off to other consumers who need to fill in a patch of land for reasons such as construction or pasturage (Pittman, Controversial wetlands permit wins approval, 2012).

            The district approved only 193 credits, which Highlands Ranch challenge legally and lost. One would think that would be the end, but they then attempted to get the Legislature to change the rules and failed again. Then newly hired and former employee of Highlands Ranch, DEP Deputy Secretary Jeff Littlejohn issued a memo ordering a change in the way credits were calculated. The first draft was written by the attorney for Highlands Ranch. Highlands Ranch then sought a new state permit with 425 credits (Pittman, Controversial wetlands permit wins approval, 2012).

            During the entire process, the voice of science came from DEP Wetlands Expert and Scientist Connie Bersok, who continued to push back for more details, better science, and financial commitment from Highlands Ranch. In December 2011, Connie met with Littlejohn and Highland Ranch’s lobbyist to review plans. Connie finally agreed to a plan where, instead of requiring detailed plans for how Highlands Ranch would help the environment, Connie would set goals for the bank. While Highlands Ranch would get 280 credits to sell, it would first have to prove it had changed the landscape enough to earn them. Highlands Ranch pushed for 425 credits, which in May of 2012, Connie refused to approve. DEP Deputy Secretary Jeff Littlejohn responded by suspending her and opening an inquiry into her (Pittman, Controversial wetlands permit wins approval, 2012).

While no longer on suspension, Connie Bersok was pulled from the permit project and in August 2012, Highlands Ranch Mitigation Bank was granted its permit by the state Department of Environmental Protection. “The new permit not only gives the project the 425 credits its owners had sought, it also waives the requirement that they show they are financially capable of building what they promised. The credits will be released in increments based on a monitoring plan that so far does not exist” (Pittman, Controversial wetlands permit wins approval, 2012).

Finally, in April 2013, Judge E. Gary Early of the state Division of Administrative Hearings ruled in favor of Connie Bersok. He ruled that Highlands Ranch “should not have been allowed to duck its financial responsibilities and the project should get no more than the 280 credits Bersok came up” (Pittman, Judge Upholds Suspended Wetlands Expert, Blasts Dep For Permitting Controversial Project, 2013). The entire process shows how big business often uses loopholes, pressure, and political relationships to push through financially beneficial legislature. At no point did the company try to work within the rules or seem to care about the environment they were supposed to be managing. Connie Bersok’s ability to hold out over six long years of back-and-forth litigations, public perception, and what must have been a disheartening and discouraging work environment (not to mention probably pay-loss during her suspension) is a testament of how one person can make a difference if they stand up and believe in something.

The judge, completely correct in his ruling, must have viewed the entire mess as a rather blatant misuse of one’s authority and power on the part of the DEP. I agree with his commentary and hope that other companies looking to ‘make bank’ off the environment think twice and that Highlands Ranch is held completely financially responsible for every single thing they promised.

In this case, I think the best way to deal with wetlands protection is the same way we deal with workplace safety: assign a case manager who can file the company if they are not keeping up with their responsibilities. I also believe that we need more stringent laws on who can be in a position of power and possible corruption within the regulating agencies. We see this a lot when lobbyists become senators and it doesn’t change because the agency is the DEP.

Littlejohn should not be allowed to oversee or approve anything for a company he worked for or has a vested interest in. You aren’t allowed to hire family in government (nepotism is still considered a bad thing to many) and you shouldn’t be allowed to hire former big business lobbyists; you never know where the loyalty lies. From a non-legal aspect, the bank program itself is problematic. Instead of a large company making money selling ‘credit’ why can’t we make it a requirement that for every acre of wetland destroyed for development or agricultural use, a certain percent of the area is set aside on the boundaries as wetland habitat? This will instill breaks where water, plants, and animals can congregate and allow for drainage and water retention. In conclusion, the DEP was completely in the wrong and I’m glad that the Judge ruled in Connie Bersok and the environment's favor.

References

Pittman, C. (2012, August 22). Controversial wetlands permit wins approval. Tampa Bay Times. Tampa, Florida, USA.

Pittman, C. (2013, April 12). Judge Upholds Suspended Wetlands Expert, Blasts Dep For Permitting Controversial Project. Tampa Bay Times. Tampa, Florida, USA.