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A guest editorial authored by a group called Pacific Legal Foundation appeared recently in the Citizen, blaming environmental groups for affordable housing shortages everywhere.  Nonsense, but what you'd expect from "the oldest public legal foundation oriented toward the corporate interest".  (For more on the PLF, click here.) 

Below is a Guest Comment written by Last Stand's attorney, Richard Grosso, correcting the record.  Grosso's piece was in the August 17 Key West Citizen.

Blaming environmentalists for affordable housing crisis is ludicrous

The recent op-ed by the Pacific Legal Foundation ("Lawsuits are making affordable family housing an endangered species") lacked credibility and accuracy. In the 19 years I've worked on Keys issues, I've not run into these folks. Perhaps that's part of the problem.

Their claim that "current environmentalist lawsuits are imperiling the ability of ordinary Florida families to find affordable housing" is ridiculous. I, for one, cannot take seriously the notion that the enforcement of environmental laws is the problem in a sub-tropical paradise with a small land mass where everyone wants to live and where there are huge profits to be made building mega-homes. It's the realities of the free-market system that have created an affordable housing problem in the Keys and throughout Florida.

As to the lawsuit against government-issued flood insurance in the Florida Keys, it is the finding of a federal judge — not, as the PLF folks suggest, simply the view of environmental activists — that the National Flood Insurance Program enables development harmful to endangered species such as the woodrat and cotton mouse. When government subsidizes the cost of building in an area, it skews the free market. Amazingly, PLF admits that private insurance companies are wary of issuing policies in this flood-prone area. Their argument — that government must "fill this void" is startling. We all support private property rights, which are ingrained in the Constitution, but these guys think the government should subsidize market-rate development. If the PLF was really true to the ideals it espouses and not simply reflecting the agenda of the large landowners who fund it, one would expect it to join the effort to stop the expenditure of taxpayer dollars to subsidize building in flood-prone areas.

I'm also amazed at the complete lack of honesty or understanding about basic science or the needs of wildlife in the Keys reflected in the PLF view. If homes are not built in the habitat of an endangered species, the species' chances of survival are dramatically increased. That's basic stuff that scientists, courts and regular people have known for decades. Also, they cite a lawsuit on the mainland brought to protect critical habitat of the Florida panther. Their claim that such areas encompass "most of South Florida" is so untrue as to bring into question both their motives and knowledge of the issues. Given how crucial the basic working of the ecosystem is to the Keys economy and character, it is outrageous that this group would advocate continued destruction of habitat, particularly when there are thousands of lots with no habitat and prime for building affordable housing. I will mention, because PLF failed to, that we have advocated this for years.

Most residents of the Keys and this country expect balance in development policy. Building (particularly at taxpayer expense) in areas that are needed to prevent wildlife species from extinction is not my idea of balance. The PLF rhetoric that environmental groups don't care about working people and affordable housing is dishonest. Knowing, as I do, that the vast majority of new permits being issued in the Keys are for mega-homes for the very wealthy, it's hard to take seriously their claim that they are fighting for affordable homes for the working families of the Keys. If these guys had done their homework, they would have noticed that for years, the environmentalists in the Keys have been arguing for major improvements to the land-use plan to improve affordable housing — like allocating most permits (not just a small fraction) to affordable and not market-rate building, and requiring commercial development (which increases the affordable housing demand) to provide the housing demand it creates. Our proposals have been opposed by many in the Keys who claim to be champions of affordable housing, and never implemented, because they hurt profits. The PLF hasn't been around for any of those discussions, either. If that group really wants to help the Keys working families, it ought to work to support direct subsidies to families in need of affordable housing, not second and third homes for the wealthy in critical wildlife habitat.

Richard Grosso is an associate law professor at Nova Southeastern University and executive director and general counsel of the Environmental and Land Use Law Center. He represents the Florida Keys Citizens Coalition and Last Stand in their challenge to the proposed county land-use rule change. 

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