ELR Citation: ELR 20461
No(s). 70-328 CA (S.D. Fla. Sep 10, 1971)

Final judgment agreed upon by parties with respect to both complaint and counterclaim without trial or adjudication of any issue of fact or law involved in litigation. Defendant agrees to construct Card Sound Canal within four years upon securing necessary state and federal permits and shall in the interim discharge water into Biscayne Bay not to exceed such volume and temperatures stipulated to in agreement. Defendant shall also construct a ground monitoring system as provided for in agreement and shall undertake a series of studies regarding alternative coloring techniques, engineering improvements and restoring affected areas, the cost of which studies shall not exceed $500,000 to defendant. Temperature and salinity standards for new facility also established as are operating limits for amount of power furnished in all except national emergency situations. Counterclaim is dropped. Court retains jurisdiction to oversee agreement.

Counsel for Plaintiff
Shiro Kashiwa, Asst. Attorney General
(202) 739-2101

Walter Kiechel Jr., Deputy Asst. Attorney General
(202) 739-2718

Robert Green, Attorney
(202) 739-2707

James A. Glasgow, Attorney
(202) 739-2808
Department of Justice
Washington, DC 20530

Robert W. Rust, U.S. Attorney
Miami, FL 33132
(305) 350-4471

Counsel for Defendant
William C. Steel
McCarthy, Steel, Hector & Davis
First National Bank Building
Miami, FL
(305) 377-3611