City of Cape Coral Allowed to Remove Lock, Save Manatees

August 12, 2024 – After years of negotiation and litigation, an administrative law judge found that the City of Cape Coral can remove the Chiquita Boat Lock, allowing a natural flow of water that will benefit the environment, wildlife and anyone who enjoys the waterways that make this community special.

In an exhaustive 45-page decision released in June 2024, Administrative Law Judge Suzanne Van Wyk repeatedly found that the city’s desire to remove the lock will have no negative impact on the environment, public health, fish and wildlife including endangered species, historical and archaeological resources, or fishing and recreational values.

In the order, Judge Van Wyk stated, “…the Lock is inoperable, permanently damaged, a public hazard to boaters, and has been documented to be the cause of several manatee deaths.”

After years of frustrating litigation that ended in a denial of the City’s initial request to remove the Lock, the City contacted Lewis, Longman & Walker, P.A. to successfully conclude legal action so that the city on the state’s southwest Gulf coast could continue its mission to do what’s best for the environment and the community.

LLW’s Environmental Litigation team of Kevin S. Hennessy, Frederick L. Aschauer, Jr., Richard P. Green, Lauren D. Brooks, Christopher A. Perrigan, and support from paralegal staff were instrumental in successfully resolving the issue.

“We are thankful for the judge’s order as well as the City of Cape Coral’s determination to do what’s best for the community and the environment,” said Kevin S. Hennessy. “Our firm is committed to protecting the environmental health of Florida and its communities. This recommended order will end this costly litigation and result in cleaner, safer waterways enjoyed by residents and visitors.”

A private developer installed the Chiquita Boat Lock in the mid-1980s.

Intended to protect clean water and boater safety, the lock did neither. Instead, at least eight manatees were crushed by the lock while closing and frequent traffic jams of boats created an environment of exasperation and danger.

The lock was damaged and has been inoperable and stuck open since Hurricane Ian, allowing an analysis of possible impacts on the environment. Repeated research showed no negative impact on the environment while the lock was open.

Removing the lock will eliminate that hazard and create a better environment for wildlife and humans.

Opponents “presented no evidence, let alone competent substantial evidence, that water quality standards would not be met,” the judge found.

This is one of many remarkable decisions in the past year that reversed a negative course for LLW clients and established clear guidance protecting natural resources. For more information, contact Kevin S. Hennessy at khennessy@llw-law.com or visit LLW-LAW.com.

Watch the video here: https://tinyurl.com/2kf3aj5c