One of two high-profiled federal lawsuits involving the so-called controversial “Alligator Alcatraz” is wrapping up Wednesday.
Attorneys for one set of plaintiffs, The Friends of the Everglades, argued Judge Kathleen Williams should issue an injunction and stop all activity at the facility because there was no impact assessment before the detention center was built, which violated federal law.
According to the Environmental Protection Agency (EPA), “the National Environmental Policy Act (NEPA) was signed into law on January 1, 1970. NEPA requires federal agencies to assess the environmental effects of their proposed actions prior to making decisions. The range of actions covered by NEPA is broad and includes: making decisions on permit applications, adopting federal land management actions, and constructing highways and other publicly-owned facilities.”
Last week, on Thursday, Judge Williams formally issued a temporary restraining order, halting any new construction activity at the facility for 14 days.
“The suggestion that this has no environmental impact is absurd,” said Paul Schwiep, an attorney representing The Friends of the Everglades.
Schwiep argued the facility is not solely run by the state, showing various public comments by federal government officials like Homeland Security Secretary Kristi Noem.
“Alligator Alcatraz will be funded largely by FEMA’s Shelter and Services Program…” Noem said on social media on July 1.
Operation of the facility will mean irreparable harm to include impacts on endangered species in that area, like the Florida panther and the bonneted bat, attorneys said. They showed an aerial picture showing newly paved area where 1200 parking spaces were built, an example plaintiff attorneys argue proves there is no storm water management system in place.
And it was all built of it in the middle of national preserve — Big Cypress.
“None of the things that are required under NEPA happened,” attorney Christopher Ajizian said. “There have been no consultation with the tribe for this project.”
“So why here? There are runways elsewhere… Why the jetport in this area?” Schwiep questioned. “Alligator Alcatraz. A name just meant to sound ominous. I would submit judge, this is just a public relations stunt.”
By noon, Judge Williams took a lunch break. Attorneys for the state and federal government were expected to making closing arguments after lunch.
Witnesses describe environmental threats
Witnesses for the environmental groups have testified that at least 20 acres (8 hectares) of asphalt have been added to the site since the Florida Division of Emergency Management began construction. They said additional paving could lead to an increase in water runoff to the adjacent wetlands, spread harmful chemicals into the Everglades and reduce the habitat for endangered Florida panthers.
Amy Castaneda, the Miccosukee Tribe’s water resource director, testified Tuesday that nutrient runoff from the detention center could flow into tribal lands, changing vegetation growth. That could lead to fish kills and block humans and wildlife from moving throughout certain areas, she said.
Marcel Bozas, director of the Miccosukee Tribe’s fish and wildlife department, said tribe members hunt and fish for subsistence and cultural reasons. Sustained human activity can drive away game animals, like whitetail deer, as well as protected species, like Florida panthers, wood storks, eastern black rails and bonneted bats, he said.
State official says Florida runs center
Department of Highway Safety and Motor Vehicles executive director David Kerner testified that the 1,800 state troopers under his command are authorized to detain undocumented migrants under an agreement with the U.S. Department of Homeland Security. He said the federal government doesn’t tell the state where to detain immigrants, and that the Everglades facility was built to alleviate overcrowding at federal immigration detention facilities, as well as state and county facilities with agreements to hold federal immigration detainees.
Kerner couldn’t say how many of the “Alligator Alcatraz” detainees have been charged with violent crimes or whether any other sites besides the middle of the Everglades were considered for possible detention centers.
Attorneys for federal and state agencies last month asked Williams to dismiss or transfer the injunction request, saying the lawsuit was filed in the wrong jurisdiction. Even though the property is owned by Miami-Dade County, Florida’s southern district is the wrong venue for the lawsuit because the detention center is in neighboring Collier County, which is in the state’s middle district, they said.
Williams had yet to rule on that argument.
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