TALLAHASSEE, Fla. - Conservation groups say Florida's environmental regulators ignored a decade of warning signs - including advice from the U.S. Army Corps of Engineers - and it ultimately led to the Piney Point wastewater leak. Now, they plan to file suit.
The Florida Department of Environmental Protection, HRK Holdings, and the Manatee County Port Authority have all been named in the Notice of Intent to Sue, after April's leak of a phosphogypsum stack, releasing about 215 million gallons of wastewater into Tampa Bay and prompting evacuations.
Jaclyn Lopez, Florida director and senior attorney with the Center for Biological Diversity, said the suit calls for permanent closure of the site and better solutions than dumping the remaining waste into Florida's groundwater.
"If we don't file this lawsuit," said Lopez, "our concern is that the DEP, the county and HRK is going to choose a path of least resistance for getting rid of the waste that they're left managing, and deep-well injection appears to be such a path."
In a statement, the Florida DEP says it's committed to holding all involved accountable, as well as ensuring permanent closure of the site. However, Lopez and other conservation groups say the suit highlights the state's negligence, which allowed the spill to occur.
The groups note DEP is the primary agency for granting permits for operations at the site, and allege that it ignored the advice of federal regulators to not use the site as a place to store dredge material. Lopez said all parties were aware of the risks.
"Piney Point is a well-documented example of the regulatory failures of an industry, but it's not the only one," said Lopez. "We have many other phosphogypsum stacks in Florida that are in various stages of failing or failure."
The groups want to see more effort on cleanup alternatives, such as the phosphate industry-backed use of reverse osmosis systems to clean and filter wastewater.
Other plaintiffs include the ManaSota-88, Our Children's Earth Foundation, Suncoast Waterkeeper and Tampa Bay Waterkeeper.
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Next week, elected officials in Minnesota, along with Latine and environmental organizations, will gather to discuss a recent delegation trip to Puerto Rico.
Participants said climate solutions they observed underscore the strength of grassroots work. The weeklong visit in the first half of August was led by Communities Organizing Latine Power and Action. Those who made the trip saw firsthand how certain areas are establishing climate resiliency in the wake of two large hurricanes that devastated the island in 2017.
Rep. María Isa Pérez-Vega, DFL-St. Paul, who has Puerto Rican roots, was part of the delegation and said community-driven efforts really stood out.
"We have resources here in the states that they don't," Pérez-Vega explained. "They've managed to live without power, without water, without hospitals, and schools being shut down."
The delegation pointed to a mountain town developing a community-owned solar microgrid which stands a better chance of keeping the power on in a disaster. Officials hope such work inspires Minnesota community organizers to balance their grassroots responses to climate threats with calls for more equitable policies.
Next Tuesday's discussion will be held from 6 p.m. to 8 p.m. at the group's worker center in South Minneapolis.
Ryan Pérez, organizing director for the group Communities Organizing Latine Power and Action, said the trip also revealed more issues stemming from climate migration.
"We were really fortunate enough to visit a migration organization in Puerto Rico," Pérez recounted. "That organization actually addresses Dominicans and Haitians that migrate to the island because the conditions there are better than in the Dominican Republic and Haiti."
Pérez noted within Puerto Rico, there are some levels of discrimination toward those migrating to the island. He suggested while the Midwest faces its own climate threats, the Minnesota region could learn lessons about welcoming others who travel here to escape weather disasters from other parts of the world.
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The L.A. area is about to get $12-million dollars from Bezos Earth Fund's "Greening America's Cities" initiative. One of the first projects will be the restoration of the Pacoima wash, which will make nature more accessible and help in the fight against climate change.
Amanda Pantoja, a sustainable communities advocate with GreenLatinos, has received $4.75-million to oversee many of the projects.
"There will also be projects to plant trees in Los Angeles. And that will help to sequester carbon and provide shade for the city," she explained.
Some of the funds will go to a community garden project near public housing, run by the East L.A. Community Corporation. The $400-million dollar "Greening America's Cities" program will also fund equitable and sustainable greening efforts in Albuquerque, Atlanta, Chicago, and Wilmington, Delaware.
Pantoja noted communities of color in L.A. bear the greatest burden of climate impacts linked to extreme heat and pollution.
"It's also tied to the lack of green spaces in these communities. In Los Angeles County, for example, there is a median of only three acres of park space for every 1,000 residents," she explained. "And that is half of the median for the entire nation."
A 2021 investigation by the L.A. Times found that wealthier, tree-covered neighborhoods can be as much as ten degrees cooler than low-income communities that have few trees but a lot of pavement and large buildings that absorb heat.
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People's wallets continue to feel the impact of high food prices, and local environmental groups say sustainable food systems and regenerative farming are solutions that deserve support in the next Farm Bill. Lawmakers are currently at work shaping the legislation to replace the current Farm Bill, enacted in 2018 and set to expire this fall.
Hank Grady, a member of the Sierra Club Kentucky Chapter, explained relative to many other states, Kentucky is home to a large number of farmers working on more than 75,000 farms across the state, and said many producers are looking to transition away from the industrial farming model.
"We believe that in the short run and the long run, this will provide a better alternative and a healthier product than the industrial alternative," he continued.
According to the Sierra Club, certain soils also are effective at capturing carbon, but excessive tillage, overgrazing, erosion and overuse use of fertilizers in industrial farming have depleted their ability to reduce greenhouse gases and lessen the impact of climate change.
Grady said efforts to improve water quality have largely been left out of industrial agriculture, and added while the state's Agriculture Water Quality Authority is an innovative program, it has not gone far enough to help implement sustainable practices that keep local waterways pollution-free and provide healthy food.
"We would like to see it amended, so it not only attempts to protect water quality in Kentucky from agricultural pollution, but also protects soil and helps farmers build a healthier soil system - one that is not heavily reliant on chemicals and monoculture," he said.
According to the CDC, concentrated animal feeding operations or CAFOS, poorly managed application of pesticides, irrigation water, fertilizer, overgrazing and overworking the land can all result in contaminated waterways.
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