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New judge bad for everglades { September 28 2003 }

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   http://www.orlandosentinel.com/news/local/state/orl-locpulse28092803sep28,0,3302246.story?coll=orl-news-headlines

http://www.orlandosentinel.com/news/local/state/orl-locpulse28092803sep28,0,3302246.story?coll=orl-news-headlines

POLITICAL PULSE

New judge -- bad news for Everglades?
By John Kennedy
Sentinel Staff Writer

September 28, 2003

Federico Moreno, the Miami judge picked to handle the court case overseeing cleanup of the Everglades, became a federal judge after ethical questions led to removal of his predecessor, Alcee Hastings of Miami.

Now, questions about another Miami judge have thrust Moreno into the midst of the Everglades case, an environmental battle closely watched from the White House on down.

Moreno was appointed in 1990 by the first President George Bush to fill Hastings' vacancy on the court. Hastings was impeached after bribery allegations, but his conviction was later overturned and he was elected to Congress.

In the latest twist, Judge William Hoevler, 81, was removed from the case after published comments critical of Gov. Jeb Bush and Florida legislators raised questions about his impartiality.

Some see the switch in judges as a political victory for Big Sugar, which wants to slow the cleanup.

Although Moreno is a Republican and was named to the federal bench by Bush, friends note Democratic Gov. Bob Graham named Moreno as county court judge in 1986 and he has worked as a public defender.

Moreno has little track record on environmental cases. But as part of a three-judge U.S. appeals panel in 2002, Moreno sided with the U.S. Army Corps of Engineers in a suit by the Sierra Club.

The Sierra Club challenged the Suncoast Parkway near Tampa, saying environmental permits ignored harm to four endangered species, including the Florida panther. Moreno shared in a ruling saying, "We are satisfied the Corps took a 'hard look' at the environmental consequences of the Suncoast Parkway and its determinations were not arbitrary and capricious."

Palm Beach attorney Lesley Blackner, who represented The Sierra Club, can't recall Moreno asking questions at the hearing but remains troubled by the ruling. "I looked at the permitting, and I was appalled," she said.

Still, some say it would be hard to find a more neutral judge on the Everglades.

"He would be right down the middle," former Miami U.S. Attorney Bob Martinez said. "I don't think you can peg him as an ideologue one way or another."

In 1992, Moreno was nominated by Bush to a seat on the Atlanta federal appeals court, but Congress adjourned without confirming him. Colleagues said Moreno isn't swayed by political ambition or a higher post.

The line forms here

House members begin jostling for the top spot the day they arrive. House Speaker Johnnie Byrd, R-Plant City, has a year left, and Rep. Allan Bense, R-Panama City, has been tabbed speaker for two years starting in 2004.

But serious jockeying begins this week for the 2006-07 speaker, with more than a dozen members competing.

Top hopefuls are said to include Majority Leader Marco Rubio, R-Miami; Rep. Dennis Ross, R-Lakeland; and Rep. Andy Gardiner, R-Orlando.

Others area lawmakers vying for the spot include Rep. David Simmons, R-Altamonte Springs; Rep. Mitch Needelman, R-Palm Bay; and Rep. Bob Allen, R-Merritt Island.

The justice speaketh

Speakers set by the Christian Coalition for an Oct. 10 event in Orlando include suspended Alabama Chief Justice Roy Moore, fresh from his fight over displaying the Ten Commandments in that state Supreme Court building.

"The chief is a humble man and an articulate speaker," coalition head Bill Stephens said.

John Kennedy can be reached at jkennedy@orlandosentinel.com. Bob Mahlburg can be reached at bmahlburg@orlandosentinel.com. Both also can be reached at 850-222-5564.


Copyright © 2003, Orlando Sentinel



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