LEE COUNTY: Newcomer to the Lee County Commission Brian Bigelow made his voice heard on his first day as a commissioner. The first item on the most agenda was to sue the U.S. Army Corps of Engineers for water releases into the Caloosahatchee River.

Bigelow wanted to fulfill his campaign promise - getting answers on the Lake Okeechobee situation.

The Army Corp of Engineers releases water from Lake Okeechobee when the water levels get too high. Environmentalists say the phosporus and nitrogen laden water can lead to algae outbreaks and poor water quality along in Southwest Florida.

Bigelow says enough is enough and he now wants to take action against the Army Corps of Engineers in court.

"I want protection. I think the only way we can find that is in the court of law," said Bigelow.

The lawsuit could possibly entail using millions of taxpayer dollars to put up what some of the other commissioners are calling a losing fight.

"I don't support suing the Army Corp of Engineers because we need something to sue over," said Lee County Commissioner Tammy Hall.

County staff was directed in February to begin preparations on a lawsuit. On Tuesday, the commission decided to have both the county attorney and outside council meet with each commissioner to get them up to speed.

But Bigelow says they need to act now.

"We don't have time on our side on this issue," said Bigelow.

Lee County Commissioners Hall and Frank Mann say time is exactly what the commission has. They believe an uneventful rainy season plus new communication with the Army Corp of Engineers just means more time to negotiate.

"There have been some openings by the Corps that we haven't seen before. We should explore those before we spend hundreds of thousands in legal fees," said Mann.

"We have been right there with them as a partner to show the estuaries need more protection," said Hall.

The commission will hold off on suing the Army Corp of Engineers and possibly the South Florida Water Management District.