Fort Myers, Fla.

Captains For Clean Water urges Big Sugar to drop their lawsuit over the EAA Reservoir

01 May 2024

Ongoing lawsuit threatens Everglades restoration progress and future of Florida's waters.

Three industrial sugarcane corporations filed a lawsuit in 2021 against the U.S. Army Corps of Engineers over the design and intended use of a critical Everglades restoration project, the Everglades Agricultural Area (EAA) Reservoir.

The EAA Reservoir, considered the keystone project of Everglades restoration, is intended to provide full-scale relief to south Florida's water quality crisis by restoring the natural Everglades flow south. Expected to be complete and operational in 2030, the reservoir will store excess Lake Okeechobee water, clean it to federal standards and move it south through the Everglades and into Florida Bay at the proper timing, volume and distribution needed

In doing so, the reservoir will help maintain the lake at lower, healthier levels; restore the ecology of the Everglades; balance salinities in Florida Bay; recharge the aquifer that provides drinking water for millions of Floridians; and mitigate the harmful lake discharges that devastate Florida’s economy and coastal ecosystems.

Captains For Clean Water Co-Founder Capt. Daniel Andrews and other stakeholders at the EAA Reservoir groundbreaking, a milestone for Everglades restoration. Photo credit to Captains For Clean Water.

The lawsuit, filed by United States Sugar Corporation, Okeelanta Corporation (Florida Crystals), and The Sugar Cane Growers Cooperative of Florida, claims they are owed a specific amount of public water for irrigation from Lake Okeechobee and that the EAA Reservoir could serve exclusively to fulfill that demand—rather than what the project was designed for to restore the Everglades and reduce harmful discharges.

This lawsuit gets to the core of the fight which is—who’s in control of the water in Florida and how is water being prioritized? Are we prioritizing water for the benefit of our economy, our environment? Or are we continuing to prioritize the irrigation supply for the sugar industry which is exactly what got us into the situation we’re in now.”

Capt. Daniel Andrews, Executive Director at Captains For Clean Water

Last year, the sugar industry’s case was ruled against by a federal judge who, in his ruling, cited arguments from the "friends of the court" brief submitted by Everglades Law Center, Captains For Clean Water and seven other organizations opposing the lawsuit.

In response, the three companies, collectively known as “Big Sugar,” filed an appeal and the case is pending before the U.S. Court of Appeals for the 11th Circuit. Currently, the public is awaiting the court’s decision on whether oral arguments will be heard. The timing of that decision is unknown.

If Big Sugar is successful in the lawsuit, they could push to use the EAA Reservoir as their personal taxpayer-funded water supply, upending years of restoration progress and sealing the fate of Florida’s future to include more damaging coastal discharges, more toxic algal blooms, and more economic and environmental peril. It could also set a dangerous precedent, forcing Everglades restoration projects to prioritize Big Sugar’s interests and replace their historical water supply over benefits to South Florida’s waters.

High-volume discharges from Lake Okeechobee to the coasts that wreak havoc on the estuaries, communities and economy. Photo credit to Captains For Clean Water.

As the sugar industry publicly promotes support of Everglades restoration, their historical patterns continue to contradict that sentiment. This lawsuit directly threatens the single-most important restoration project that represents a sustainable solution benefiting the economy, the environment, and the quality of life for Florida’s residents and visitors.

Captains For Clean Water, a grassroots nonprofit founded to combat harmful Lake Okeechobee discharges, has launched a public movement urging Big Sugar to drop their lawsuit over the EAA Reservoir.

We believe in the power of the people to make a difference; to come together and say enough is enough. Regardless of the political mountains, regardless of the amount of corruption and dollars that our opposition puts into this—our job is to come together as we the people, come together as a collective voice, and to stand up and fight against the corruption that’s allowed this tragedy to continue for so long.

Capt. Daniel Andrews, Executive Director at Captains For Clean Water

CFCW is rallying the public to sign their petition and have already gained widespread support across various industries and sectors, including outdoor brands, tourism-driven businesses, environmental organizations, celebrity anglers, and social influencers. Learn more about the lawsuit and sign the petition here.

For interviews and inquiries, please contact Heather Nash at Heather@CaptainsForCleanWater.org.

The attached photos are available for download and permitted for media use. Credit: Courtesy of Captains For Clean Water.

Captains For Clean Water is a Florida-based 501(c)3 grassroots nonprofit on a mission to restore and protect aquatic ecosystems for the use and enjoyment of all. Founded in 2016 by fishing guides, CFCW has united the outdoor industry, business community, and concerned citizens at the forefront of the fight for clean water — the lifeblood of Florida’s economy and $85.9 billion tourism industry. Learn more at captainsforcleanwater.org or follow along on YouTube, Instagram, X (formally known as Twitter), Facebook, LinkedIn and TikTok.

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Captains For Clean Water urges Big Sugar to drop their lawsuit over the EAA Reservoir

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