In recent weeks, there has been lots of talk about giving up on the struggle to defeat All Aboard Florida (AAF).
We are Citizens Against Rail Expansion (CARE FL) and we think giving up is a bad idea.
AAF offers the residents of our community nothing. In exchange for nothing, we will get more freight and passenger trains that will create traffic delays, pose obstacles for first responders and hospitals and put school children who cross the tracks each day in harm’s way. More trains will create more delays for boats seeking to transit bridges that will be closed to allow trains to pass, and reduce the number of shoppers and visitors in downtown communities hobbled by traffic delays and afflicted with the noise and vibration caused by the passage of more and longer trains.
During the summer, a federal judge in Washington, D.C., ruled that the communities and residents affected by the rail project lack “standing” to challenge the sale of the Private Activity Bonds that will be used to finance AAF. That decision freed the Florida Development Finance Corporation (FDFC) to approve the sale of the bonds. Neither decision, however, granted AAF the right to undertake its project.
Environmental impact statements have to be prepared by the designated lead federal agency, in this case the Federal Railroad Administration (FRA), which is part of the U.S. Department of Transportation (US DOT), and we believe the environmental impact statement prepared by the FRA is misleading and inadequate. Several important federal agencies—such as the U.S. Coast Guard (USCG)—have not concurred with its findings, despite its having been released as a Final Environmental Impact Statement (FEIS). Martin County, Indian River County, CARE FL and others have filed detailed comments enumerating the shortcomings of the Draft Environmental Impact Statement (DEIS) and the FEIS. Further, the FRA has not issued a Record of Decision (ROD), which demonstrates the FRA’s findings are not final and appealable to a court. The FRA’s failure to promptly issue the ROD for a project they are so clearly backing is ostensibly related to considering the communities’ comments, but in reality is intended to limit when the community can seek a legal judgment as to whether the FEIS is legally inadequate, ‘arbitrary and capricious’. Our government is depriving us of our right to an immediate judicial review of the FEIS and AAF’s impact.
In addition, AAF needs to obtain licenses and permits from various federal and state agencies in order to proceed. These include the USCG, the Army Corps of Engineers, the U.S. Environmental Protection Agency and others. Prior to granting the needed permits, these agencies must complete their factual and legal analysis of the impact of the project, despite the political pressure AAF is applying.
Now more than ever, is the time to stand with our elected leaders, who have risen to the occasion, and have continued to show leadership by standing up for the rights of our residents. For example, Martin and Indian River County have mounted legal challenges to the FDFC proceedings in the state, and CARE FL supports those actions and awaits the court results. To add insult to injury, AAF’s lawyers have sought to mute the voices of our elected county officials by threatening them with lawsuits.
If we back down in the middle of this fight, and simply allow AAF to move forward, we will be allowing AAF to change the quality of life we have grown to enjoy. Quitting is not the legacy we want to leave our children and grandchildren.
Join us by thanking our elected leaders for showing courage and leadership and by sending the largest contribution you can afford to MR. BRENT HANLON, TREASURER, CITIZENS AGAINST RAIL EXPANSION (CARE FL), 7407 SW HILL TERRACE, HOBE SOUND, FL. 33455.
We will continue to provide updates on a regular basis. Stay tuned for a special announcement coming soon and as always the developments and media reports can be found on our website.
Together we can make a difference,
The CARE FL Steering Committee
www.saveourfl.com