Rodman Dam’s Special Use Permit Under Fire in Petition for Rulemaking

Two Florida attorneys, Bruce Kaster and Joseph Little, are petitioning the Secretary of Agriculture and the Chief of the U.S. Forest Service to (1) issue and implement rules to enforce the terms of the special use permit issued by the Forest Service to the Florida Department of Environmental Protection, and (2) issue rules to redress the continuing failure of the Forest Service to manage the Ocala National Forest in a manner that furthers the desired future conditions, goals, and objectives of the Forest Plan for National Forests in Florida. Kaster is a practicing lawyer and a member of the Board of Trustees for Florida Defenders of the Environment (“FDE”). Little has been a member of FDE for nearly 50 years, and has served as a professor at the University of Florida Levin College of Law since 1967.

The petition is being filed by Jane West Law, a public interest environmental and land-use law firm based in St. Augustine, FL.

A petition for rulemaking is the mechanism by which individuals, public interest groups, and private enterprise can argue to compel changes in existing rules or new rules for an agency that are necessary to remedy failures of agencies to fulfill their duties and purposes as provided by law.

The legal authority for such a petition is contained in the Administrative Procedure Act, 5 U.S.C. §553(e), which states that, “Each agency shall give an interested person the right to petition for the issuance, amendment, or repeal of a rule.” 

To read the complete petition or press release click on Restoring Our Rivers above.


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