Guest Opinion: Frank Mann When the county commission takes the plunge into the federal courts to take on the Corps of Engineers they will undertake the most expensive legal battle in the county's history, with enormous guaranteed expense ahead, and only a modest hope of legal victory, at best, sometime years from now, if ever. At least two commissioners are ready to throw down the legal gauntlet tomorrow. Three of us, though I speak only for myself, I believe are equally as committed to saving our ecosystem, but reluctant to take that course today. The debate seems to be over tactics in the battle, far more than whether the battle should be fought. After 30-plus years in the political arena, where legal fisticuffs are fairly routine, I learned long ago that government agencies aren't the least bit intimidated by a lawsuit, leave alone the threat of one. The Corps will simply add one more file to its package of a thousand others already at work. And one of their thousand-plus lawyers will be assigned to respond perfunctorily in the court where the suit was filed. Thus begins a legal odyssey that will consume years of legal expense, with quite literally millions of dollars of billings being absorbed in a never ending array of depositions, letters, reports, travel, and miscellaneous charges, all perfectly justifiable in the cause, but with no chance whatsoever to bring about an early solution to our beloved river's problems. Legal battles are not unlike war. Hot emotions will easily get you into one. But an outcome to your liking will be often hard to find, and terribly expensive in the search. SO, SUE ME While a member of the South Florida Water Management District board I confirmed what I had long suspected, that insulated and isolated government agencies don't really care who sues them, or what the issue is all about. Theirs is a sanctimony and arrogance that seems to pervade those agencies "of the people," that perverts the whole idea of a government truly of those people. And there always seems to be a pot full of money in their hands to fund what ever it takes to legally defend that arrogance. As angry and dismayed as I was in that realization, I had to conclude over the years that if there were in any political confrontation a diplomatic means to a solution, one should surely first seek it out. In the overwhelming majority of cases such an approach always proves itself to be best. But yes, when all else fails, I have then been perfectly willing to pull the pin in the political hand grenade, and plunge into the abyss of unpredictable legal war. At the moment there are two circumstances that combine to convince me to keep my hands off that pin for the moment. The first is the fact that this has been the driest year in recent memory. Therefore, all of the huge water releases of the last two years will not happen this year. The second fact that gives me hope for diplomatic solutions is that the new head of the Corps of Engineers in charge of Florida operations has actually come to Lee County as recently as three weeks ago to get personally involved and seek answers here, instead of in some padded leather chair hundreds of miles away. With this combination of friendly weather and a friendly Corps commander it seems like the perfect time to attempt a dialogue outside of a courtroom. WE NEED A SEAT One other action that might help bring light at the end of the tunnel is the opportunity for the new governor to appoint an informed citizen from Lee County to serve on the South Florida Water Management District Board. Unless we have our own "squeaky wheel" on that board that distant governmental body, headquartered across the state in Palm Beach County, will never give us any grease. I would hope the new lieutenant governor of Florida, our own outstanding former legislator, Jeff Kottcamp, would take advantage of his closeness to the governor's ear and push for that appointment. Finally though, it's important for all of our citizens to bear in mind that the problems in our lakes and river systems were directly created by man over the last 100 years, as the official combined policy of the United States of America and the State of Florida. There is no silver bullet solution. To return our ecosystem to one resembling what Mother Nature created will require a series of steps, most of them very expensive and time consuming. Some of those have already begun, but many more will be required. We have a window of opportunity at this very moment for some positive dialog with the decision makers who control our destiny. Lawsuits can be filed anytime. This may be the one moment when all the stars are in perfect alignment for making real progress. We must not fail to take advantage of it. |
Paul Reynolds 12.5.2006
The core of Frank Mann’s campaign was that he was going to fight aggressively for our water system. I would like to know when that is going to commence? |