Chattanooga Times Free Press

Federal judge halts clearing of rare forest targeted for Walmart center

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MIAMI — Bulldozers downing trees on a property targeted for a Walmart-anchored shopping center were ordered to stop work after a federal judge issued an emergency injunction sought by environmen­talists fighting to save the vanishing forest.

The judge issued the injunction Friday, hours after the Center for Biological Diversity and three other groups sued to overturn a decision earlier in the week week that cleared the way for the mall, 900 apartments and a parking lot. The land near Zoo Miami had long been targeted for conservati­on and is part of what was once one of the largest tracks of pine rockland, a globally imperiled forest, outside Everglades National Park.

In her ruling, Judge Ursula Ungaro said the plaintiffs showed a likelihood of winning their case and that ongoing work could cause irreparabl­e harm.

“We are elated,” said Jaclyn Lopez, Florida director for the Center for Biological Diversity, which filed the suit with Tropical Audubon, the Miami Pine Rockland Coalition and the South Florida Wildlands Associatio­n. “The judge’s order has given these plants and animals and the residents of this community an opportunit­y for their day in court, an opportunit­y to have justice upheld, and a fighting chance at survival.”

The Miami Herald reported the U.S. Fish and Wildlife Service signed off on a habitat conservati­on plan that cleared the way for the developmen­t. The project was first unveiled in 2014. A day after the federal agency approved the plan, bulldozers began downing trees and plowing brush.

In authorizin­g the conservati­on plan, wildlife managers said the menagerie of plants and animals, some of which can be found only in pine rockland, have a better chance at surviving because the land had become overgrown and choked by invasive plants after the University of Miami, which was given the land by the U.S. government, failed to maintain it before selling it to Cummings for $22 million.

In their lawsuit filed Friday morning, environmen­talists said the plan failed in a number of ways, starting with surveys of the disappeari­ng species the plan is intended to protect.

The Fish and Wildlife Service also allowed Cummings’ environmen­tal consultant­s to develop their own formula for calculatin­g the amount of damage that might occur. The untested method, the lawsuit said, had not been peer-reviewed and could set a precedent for use on other projects. About 3,000 people submitted comments on the plan, most opposing it.

Fish and Wildlife spokesman Ken Warren said the agency had received a copy of the judge’s ruling Friday.

“Our staff put a lot of good work into this project,” he said in an email. “Now it becomes a matter for the court.”

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