Industry: Government & Administration

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Waterkeepers

Local environmental group, FOLKS – Friends of the Florida Keys, LLC (“FOLKS”) retained MM&H to represent it in a private citizens suit against the City of Marathon, Florida (the “City”), in which FOLKS seeks relief for violations of the Federal Clean Water Act and Endangered Species Act. The genesis of the litigation is the City’s outdated and inefficient system of shallow sewage wells that release pollutants into the highly porous limestone geology that makes up the Florida Keys. The pollution discharged by the City contains alarming concentrations of nutrients, bacteria, pharmaceuticals, illegal drugs, personal care products, per- and poly-fluoroalkyl substances, pesticides and herbicides, and other harmful substances. These pollutants quickly migrate into the adjacent surface waters, causing a significant adverse impact on the diverse ecosystems and wildlife of the area. The City values its costs associated with the injunctive relief to be approximately $75 Million.

Unlike neighboring municipalities, the City refuses to adopt deep sewage wells in place of its shallow well system. Deep wells are a far more effective means of controlling pollutants. Indeed, the need for the City to use deep sewage wells has been recognized for decades. FOLKS seeks injunctive relief that would enjoin the City from continuing its use of the shallow wells and require it to design and construct a deep well system. FOLKS further seeks statutory civil penalties and declaratory judgments concerning the City’s violation of federal statute.