By David Ball
Staff Writer
Michael Jordan, Earvin “Magic” Johnson, Larry Bird and Charles Barkley made up the first ever “Dream Team,” as they helped the U.S. basketball team claim a gold medal in the 1992 Olympics.
Their combined experience, presence and complete knowledge of the game more than challenged the best teams from around the world.
Now in Jacksonville, a new “Dream Team,” or even a “Green Team,” has been assembled for a very local and very important mission — to stand in the corner of the St. Johns Riverkeeper as it fights for the health and sustainability of the St. Johns River.
Attorneys Bill Sheppard, Wayne Hogan, Warren Anderson and Marc Hardesty are bringing their skills to the court(room), and Riverkeeper officials hope their combined experience, presence and complete knowledge of complex litigation will more than challenge the acts of polluters. First up is JEA.
“For an organization like Riverkeeper, we are often outgunned strictly in regards to resources,” said Neil Armingeon, who is the group’s head environmental advocate and serves as the official “Riverkeeper.”
“But to have this group of attorneys on our side,” he added, “it’s probably the most important decision we’ve made as a group.”
Riverkeeper last month filed a lawsuit against JEA for years of violating the federal Clean Water Act because of an alleged 8.3 million gallons of sewage discharged into the river from the utility’s Buckman and Arlington East wastewater treatment facilities.
A response from JEA was expected by this week, but Riverkeeper General Counsel Michael Howle said JEA waived the right to be physically served the notice, so the agency will now have 60 days to file a response.
But after the response comes, Howle said he will call upon the new legal committee to continually advise him as he tries the case, as well as to advise the Riverkeeper Board of Directors in making decisions on the course of the suit.
“These guys are heroes of mine, and to have their knowledge available to me is a valuable resource,” said Howle. “And in the instance that JEA would want to settle, I think the board would feel more comfortable pulling the trigger if that recommendation comes from me and the committee.”
The attorneys in the committee come from various legal backgrounds and apply different approaches, but their reason for volunteering is the same.
“I hope to keep all the water in the St. Johns, and I want to try to keep the government from polluting it,” summed up Sheppard, a criminal defense and civil rights lawyer who’s career in Jacksonville dates back to 1968.
“It is damn important,” he added. “We get off our duff when things become timely, and it seems it’s pretty timely right now.”
Sheppard, who practices at Sheppard White Thomas & Kachergus, has argued three cases in the U.S. Supreme Court, so he’s knows what it takes to tackle a difficult and involved case.
“Like every other complex lawsuit, what the Riverkeeper is facing is a hell of a lot of hard work,” said Sheppard. “Hopefully, we’ll be able to help with that.”
Anderson, as President of the Public Trust Environmental Law Institute of Florida, filed a companion lawsuit against JEA with the Riverkeeper. He said unfortunately, some of the greatest strides by environmental groups are made in the courtroom.
“We are trying to get the law enforced,” Anderson said, “and to negotiate without a big stick is not a fair negotiation.”
“We brought some lawsuits and we won them, and that (reputation) is being solidified by this board,” he added. “The other side knows they are dealing with serious people that have sharp legal support.”
Hardesty, of Hardesty Tyde Green & Aston, brings with him courtroom experience as a personal injury attorney. But most importantly, Hardesty lives and plays on the river, and he wants to see it protected.
“Jacksonville is synonymous with the St. Johns River,” said Hardesty. “When my 7- and 10-year-old looks at me and says, ‘Daddy, why’s that trash in the river,’ it’s an education.”
Hardesty said he doesn’t believe in the notion that development and business are on the opposite side of those who want to protect the environment. Still, the laws need to be enforced so the environment isn’t compromised by development.
“There are folks that don’t want to adhere to the boundaries,” he said. “When that is the case, often your only regress is through the courts.”
Hogan, of Terrell Hogan, said although he and his colleagues may be well-regarded, it is still a privilege to serve in this volunteer capacity.
“I’m sure there are many other law firms and lawyers in the community who would be willing to stand with them,” said Hogan. “What it says is that the Riverkeeper has developed really strong support in the community because of the importance of what it does.”
Hogan, a civil trail lawyer, is probably best known for his case representing Florida smokers against the tobacco industry. He said helping the Riverkeeper is a more natural progression than some may think.
“I have a background in handling complex cases that have to do with public health and with dangers to the public,” he said. “Dangers to the river are dangers to the public.”
All four attorneys said they wouldn’t have become involved if not for the dedicated work of Armingeon, Howle and Riverkeeper Executive Director Jimmy Orth in rallying the community around their cause. Orth said the attorney’s involvement could rally even more.
“They’ve always been there for us,” said Orth. “But now they are stepping it up and saying, ‘hey, we want to do more and help by contributing our expertise and talents.’
“Help in the form of money and donations is critical,” he added, “but this type of commitment is as important and in some ways more important. It’s really priceless.”