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LITIGATION CAMPAIGNS


CURRENT LITIGATION CAMPAIGNS:

Save Lake Worth
Lake Worth swellOn August 25th, after three years of strenuous work attempting to protect the historic surfing areas at the Lake Worth Pier, the Palm Beach County Chapter is making legal history, challenging the Town of Palm Beach in court over the Town's planned $15 million dredge-and-fill project, which would surround the Pier area with poor-quality, silty dredged material. Lake Worth's ocean fishing, along with its world-renowned diving reefs in the northernmost area of the Caribbean's coral reef ecosystem, would be severely harmed, and at least six surfing areas would be damaged. For these reasons, a nationwide appeal for help is being launched by Surfrider Foundation.

This is the first time in history that a beach fill project will be challenged in court by surfers. The Chapter is joined by the Snook Foundation and 3 individual local plaintiffs. In addition, the Eastern Surfing Association and the adjacent City of Lake Worth have joined as intervenors in the case to support protecting these priceless environmental and recreational assets.

In order for this campaign to be successful the Chapter needs your help! The Town of Palm Beach has set aside a $2 million budget to fight our challenge. And most importantly, the outcome of this case could help protect your break in the future. Contributions can be made directly to Paypal- Click here to donate!

**Palm Beach County Chapter is a verified user on PayPal and donations are tax deductable!**


Beach Access: Montauk Point
surfing is not a crimeSurfrider's Eastern Long Island Chapter is currently helping ticketed surfers fight a legal battle for the right to surf at Montauk Point. Under pressure by the local surfcasting fisherman group, New York State Park Police cited surfers for violating Section 377.1(h) of New York Codes, Rules and Regulations Chapter 9, which prohibits 'swimming' in certain areas of Montauk Park. The defendants are currently arguing that 'surfing' and 'swimming' are not the same activity. In fact, in other sections of New York law, surfing and swimming are specifically separated (see 9 NYCRR 377.1(i)(1); NY Sanit. Code 6-2.16).

Water Quality: 316(b) litigation
Section 316(b) of the Clean Water Act seeks to protect fish, shellfish, and other aquatic organisms from unnecessary harm from cooling intake structures. Surfrider Foundation, with a coalition of other environmental organizations, has been working to encourage the EPA to adopt measures to fully enforce this provision. The United States Court of Appeals for the Second Circuit recently interpreted the statute to exclude the use of restoration measures and site-specific cost-benefit analysis as substitutes for the 'best technology available' standards under the Clean Water Act. Riverkeeper, Inc. v. U.S. Environmental Protection Agency, 475 F.3d 83 (2d. Cir. 2006). Surfrider continues to fight for full enforcement of this provision in litigation pending in both the Second and Fifth Circuit Courts of Appeal.

Protection of Special Places: Trestles
On February 6, 2008, Surfrider Foundation, in conjunction with NRDC, California State Parks Foundation, Defenders of Wildlife, Endangered Habitats League, Sierra Club, and others, were successful in convincing the California Coastal Commission to deny consistency certification for the Foothill Transportation Corridor-South (FTC-S) Toll Road Project under the Coastal Zone Management Act, 16 U.S.C. § 1456, because the proposed toll road was not compliant with Coastal Act Chapter 3 protections, including those involving endangered species, environmentally sensitive habitat areas, marine resources, water quality, and protection of recreational resources. The staff report on the consistency certification noted: 'Surfing at Trestles is the epitome of a low-cost coastal recreational resource which is accorded high protection under Sections 30220 and 30213 the Coastal Act.'
     Despite this great victory before the Coastal Commission, the legal battle is far from over. The Transportation Corridor Agency ("TCA") immediately appealed the Coastal Commission decision to the United States Secretary of Commerce. The coalition is now assessing legal claims and arguments to be made at this level of the proceedings.
     Additionally, Surfrider is a plaintiff in a lawsuit against the TCA under the California Environmental Quality Act ("CEQA"), which is pending in San Diego Superior Court.
     For more information go to the SaveTrestles.org site.

Beach Preservation: Carlsbad Desalination
On January 14, 2008, Surfrider Foundation, through its San Diego Chapter, brought a law suit against the California Coastal Commission for its approval of a Coastal Development Permit allowing for the construction and operation of a 50 million gallon per day seawater desalination facility, despite the plant's inconsistencies with the California Coastal Act's marine life protection provisions. Additionally, the Coastal Commission committed procedural violations by failing to adopt findings to adequately support its determination, and its findings, determinations or decisions are not supported by substantial evidence in light of the entire record.
     Surfrider is also utilizing legal resources to fight destructive desalination projects in Huntington Beach and Monterey, California.




PAST VICTORIES:

1991 - The Surfrider Foundation won the second largest Clean Water Act lawsuit in United States history against two pulp mills in Humboldt County, California. As a result of this suit, one of these mills, the Louisiana Pacific mill, became the only mill in North America to begin producing totally chlorine-free (TCF) paper.

1994 - The Surfrider Foundation v. Borough of Deal, New Jersey ensured beach access for surfers in New Jersey.

1995 - The Surfrider Foundation represented by the Sierra Club Legal Defense Fund, sued the City and County of Honolulu, Hawaii for over 13,000 Clean Water Act violations at Kailua Bay. The suit was settled out of court with the agreement that the City and County would form an advisory council to monitor the area, research the use of ultraviolet cleansing of wastewater, and upgrade the existing wastewater treatment plant.

1995 The Surfrider Foundation settled a lawsuit against the International Boundary and Water Commission (IBWC), which stipulated that IBWC research the feasibility of using environmentally sensitive ponding systems rather than chemical wastewater treatment for the Mexico-California border area.

2006 - The Surfrider Foundation won a lawsuit over blocked beach access points in Ponte Vedra, Florida where the number of beach access sites is adequate, but their use was severely limited by a lack of nearby parking spots.

Here's more info on Surfrider campaign victories




["Surfing Is Not a Crime" image by Peter Spacek]

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