Florida sugar firms lose lawsuit; Everglades restoration moves forward

The 11th Circuit Court of Appeals ruled in favor of the Army Corps, marking a significant victory for Everglades restoration efforts.

The decision came after U.S. Sugar Corp., Okeelanta Corp., and the Sugar Cane Growers Cooperative challenged the Army Corps over the allocation of Lake Okeechobee water for crop irrigation.

The sugarcane companies sought 500,000 acre-feet of water, equivalent to about 1 million Olympic swimming pools, claiming a “savings clause” in the 2000 Water Resources Development Act promised them this water.

However, the court sided with the Army Corps, which used a 2008 management plan that limited water retention.

The court agreed with the district court that the Army Corps did not violate the savings clause.

The ruling clarified that the savings clause applies only to water lost directly from Comprehensive Everglades Restoration Plan (CERP) projects, not from unrelated operational changes like those made for public safety.

Captains for Clean Water highlighted the importance of this ruling, stating that had the sugar industry won, the Everglades Agricultural Area (EAA) Reservoir could have been redirected to serve private water interests, undermining its environmental goals.

• RELATED: Captains for Clean Water press release
• RELATED: Everglades Law Center press release
• RELATED: SCCF press release

The EAA Reservoir project is a key component of Everglades restoration, designed to reduce discharges from Lake Okeechobee to nearby rivers.

The reservoir, capable of holding 78.2 billion gallons, is expected to reduce discharges by up to 63%.

This will aid in restoring the Everglades by sending clean water south from Lake Okeechobee to the Everglades and Florida Bay, thereby reducing toxic coastal discharges.

Eric Eikenberg, CEO of the Everglades Foundation, emphasized the importance of this ruling. “A long awaited day yesterday for this opinion coming out of Atlanta about the reservoir south of Lake Okeechobee,” said Eikenberg. “It’s a great win for the Everglades, and quite frankly, it’s a huge step forward as we continue to work to reduce harmful discharges from Lake Okeechobee.”

Eikenberg went on to say, “The greatest threat to Southwest Florida, to its real estate and its tourism industries, is toxic water from Lake Okeechobee.”

Chauncey Goss, chairman of the governing board of the South Florida Water Management District, echoed Eikenberg. Goss told WINK News he was happy to see the court’s conclusion.

“My personal reaction was one of relief because this was something that’s been hanging over some of the progress that we’ve been making, and we really didn’t want to see it get in the way,” Goss said.

Goss highlighted the importance of continuing Everglades restoration efforts, stating, “It matters because it allows us to keep restoring the Everglades the way we’ve been restoring the Everglades, and allows us to keep adding on to the progress we already have.”

This court decision is seen as a critical step towards achieving the long-term vision of Everglades restoration, addressing disrupted water flows and their impacts on wildlife and communities.

WINK News reached out to U.S. Sugar Corp., Okeelanta Corp., and the Sugar Cane Growers Cooperative but has not heard back.