After the state had to scramble last spring to avoid a potential disaster at a former phosphate-plant location, a federal judge will hear arguments Tuesday on whether he should dismiss a lawsuit by environmental groups claiming malfeasance in hazardous waste handling.
U.S. District Judge William Jung is holding a hearing in Tampa regarding motions made by the Florida Department of Environmental Protection. Ron DeSantis, and other defendants, to dismiss the lawsuit in Manatee County centered on Piney Point.
After 215 million gallons worth of wastewater were dumped into Tampa Bay in April, there was concern about a possible catastrophic reservoir breach. The lawsuit stated that the discharges caused fish kills and harmful algal blooms. Because of the possibility of a breach, residents in the area had to be evacuated temporarily.
The Center for Biological Diversity and Tampa Bay Waterkeeper, Suncoast Waterkeeper and Manasota-88 allege that the state and other defendants have long mishandled this site.
However, the Department of Environmental Protection claims that the lawsuit should be dropped because it is not relevant. According to the department, a separate state court case has resulted in an appointed receiver to oversee efforts to close down the site.
A state court order is already in effect to close the facility. The receiver is working diligently in order to implement that order. Plaintiffs are not allowed to invoke this (federal courts) jurisdiction simply because they aren’t satisfied with the progress made, department attorneys wrote in an e-mail dated February 4.
However, environmental lawyers argued that the receiver is currently engaged in preparatory work in a Jan. 21 filing. They also claimed that the case involves disputes over larger issues, such as what is known to be a National Pollution Discharge Elimination System permit.
The plaintiffs filed that there is no plan (from the receiver), and even a proposal. Even if the federal court accepted that the receiver would eventually reach closure, it would still leave unresolved plaintiffs’ claims regarding groundwater contamination and the absence of any NPDES permits. There is a live controversy, and the case is not closed.
The lawsuit alleges violations to the federal Clean Water Act and a law called the Resource Conservation and Recovery Act. The plaintiffs’ attorneys stated that they seek to ensure Piney Point is closed in accordance with the Resource Conservation and Recovery Act and reduces the imminent and substantial threat to human health and the environment. This includes endangered species like manatees and turtles.
DeSantis, the Department of Environmental Protection, and other defendants were property owner HRK Holdings, LLC, and the Manatee County Port Authority, both of whom also filed motions for dismissal.
Piney Point contains hazardous phosphogypsum piles, a byproduct from phosphate production that took place at the site between 1966 and 1999. After water leaks raised concerns about a possible breach, the state and local officials, as well as HRK, rushed to stabilize the site in April.
Also, the state legislature allocated $100 million to resolve the issues at the site.
In a Feb. 3 document, DeSantis’ attorneys stated that the case against him should be dismissed in part because he isn’t an operator of Piney Point.
They (the plaintiffs) claim that any action or inaction of an agency employee is automatically imputed to Governor DeSantis, as the document stated. They are wrong. They actually cite no authority for this broad proposition, despite the clear burden to prove it.
