In the Spotlight: Judge dissolves preliminary injunction on Tamiami Trail bridge project
25 Jun 2009
JACKSONVILLE, Fla. — In a ruling issued June 16, District Court Judge Ursula Ungaro granted a motion to dismiss one of the Miccosukee Tribe of Indians’ lawsuits seeking to stop the Tamiami Trail construction project – a project that will increase fresh water flows to Everglades National Park. The judge’s action also dissolves a preliminary injunction she placed on the project six months ago.
The modification of Tamiami Trail to allow flows to Everglades National Park is part of a landmark project called “Modified Water Deliveries to Everglades National Park,” which was approved by Congress in 1989. After many years of planning and analysis, the U.S. Army Corps of Engineers has developed a plan described in the 2008 Limited Reevaluation Report for Tamiami Trail.
The plan includes both a one-mile bridge, located just west of Krome Avenue, as well as about nine miles of roadway improvements that together will allow water levels to be raised in the adjacent L-29 canal by one foot. This increase in water elevation will push larger water volumes to the south and into Northeast Shark River Slough, a major source of water for Everglades wetlands.
Tamiami Trail at the L-31N canal
“The Corps is anxious to move forward with this project,” said Colonel Paul Grosskruger, commander of the U.S. Army Corps of Engineers Jacksonville District. “We already have many of the other parts of the Mod Waters project in place. With the addition of the Tamiami Trail project, we make another huge step forward in our quest to get the Everglades the water it so badly needs.”
In making her decision, Ungaro cited key language included in the Omnibus Appropriations Act of 2009. The language directed the Corps to move forward “immediately and without further delay to construct or cause to be constructed Alternative 3.2.2.a [the one-mile bridge and associated improvements].”
The Miccosukee Tribe had argued that the Corps’ plan violated both the National Environmental Policy Act (NEPA) and the Federal Advisory Committee Act (FACA), and though the United States did not agree, the issue was mooted by Congressional language stating the project should move forward “not withstanding any other provision of law.”
“In developing the Tamiami Trail bridge project, the Corps worked closely with Everglades National Park and other federal and state resource agencies for many years, and we did the analysis needed to determine how best to avoid negative environmental consequences,” Grosskruger said. “Our aim is to improve the environment, not to damage it. We will do all we can to make this project the best it can be for all parts of the south Florida ecosystem.”
The projected start date for Tamiami Trail construction is late 2009. The project will take three and a half years to complete.
For the detailed report, click Limited Reevaluation Report for Tamiami Trail.
Contact for this page:
For more information, contact Nanciann
Regalado
Program Manager for Strategic Outreach and Communication at 904-334-8954.
