St. Lucie, Martin County officials drop one Brightline challenge, explore new strategy

MARTIN COUNTY —  The County Commission will drop its challenge of an environmental permit for Brightline and instead might shift the focus of its rail-expansion battle toward freight-related issues.

Commissioners voted unanimously Tuesday to end their year-long fight against issuance of the South Florida Water Management District environmental-resources permit.

The St. Lucie County Commission, which also challenged the permit, made the same decision last week. Commissioners based their decision on staff recommendation, including County Attorney Daniel McIntyre's advice that continuing the challenge would not be a "prudent use of the county's resources."

The counties' challenge suffered its first blow in September when Florida Administrative Law Judge Bram Canter ruled Brightline had proven it was entitled to the permit, which allows the passenger railroad to make water management-related modifications at some crossings in Martin and St. Lucie counties.

The Water Management District affirmed Canter's decision and issued the permit Nov. 16, over the objections from the counties.

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Ruth Holmes, senior assistant Martin County attorney, told the commission Tuesday that the counties' challenge had significant impact, despite its failure.

Brightline amended its permit application over the last year in response to the challenge, and, as a result, the approved permit will do more to protect water quality than did the original, Holmes said.

“I’m not saying, yes, this project is great, but we’re better off today than we were a year or two ago,” she said.

A Brightline spokeswoman said Wednesday that despite the Treasure Coast's ongoing efforts, "every case they have filed and every challenge to a permit application has been dismissed. The permitting agencies have recognized that Brightline is acting properly and in accordance with all applicable laws."

Holmes suggested the commission redirect staff time and money toward other aspects of the county’s rail-expansion fight.

“We are at the fork in the road where we can decide whether or not we want to appeal. We think this order has enough errors in it to substantiate an appeal,” she said. “But it’s also very costly to local government.”

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Increased freight traffic, and the possible transportation of hazardous materials on the Florida East Coast Railway tracks, should be more closely examined, Holmes said.

“If the increased trains will include LNG, well then that needs to be looked at,” Holmes said, referring to liquefied natural gas, a hazardous material. “That likely will cost a lot of money and energy to ensure protection for Martin County.”

Commissioner Ed Fielding said he agreed with Holmes' assessment, adding that the county needs money in reserves in case new opportunities for challenges arise.

Treasure Coast governments in recent years have filed several legal challenges against Brightline, including an unsuccessful challenge of a St. Johns River Water Management District permit.

Brightline plans to begin limited service between West Palm Beach and Fort Lauderdale this month and expand service to Miami early next year. Full service between Miami and Orlando International Airport still is several years away, according to the company.