Florida judge fights to preserve Everglades

? The legacy of William Hoeveler may be 15 years spent policing a complex lawsuit mired in biology and hydrology that is intended to restore the Everglades to its bygone days as a free-flowing, slow-growth marsh.

Best known as the judge who sent Panamanian dictator Manuel Noriega to prison in 1992, the 80-year-old jurist returned to the headlines in the spring by saying a new Everglades law heralded by Gov. Jeb Bush was “clearly defective” even before it was signed. The law would extend some of the deadlines for Everglades restoration.

Stiffened by a stroke and back trouble but still ramrod straight in person and in deed, the judge insists the federal and state governments are bound by their commitments to him in a 1992 consent decree — no matter what state lawmakers concoct.

Policing the Everglades

The agreement with the state dictates a 2006 deadline for cleaning the quality of water flowing into Everglades National Park from the broader Everglades ecosystem above it.

But sugar growers say Hoeveler’s 15 years of policing the Everglades is long enough. Claiming the judge has turned into a bully with a political bent, they asked two courts to throw him off the case for bias. They don’t want him in charge of any more Everglades hearings.

A federal appeals court rejected one request, and the chief district judge is considering the other.

“If they succeed, they succeed. If they don’t, they don’t,” Hoeveler said. “They no doubt don’t want to hear what I have to say.”

Hoeveler’s dogmatic position comes as no surprise to those who know him.

Federico Moreno, who tried cases in front of Hoeveler before joining the Miami federal bench, considers him “a judge’s judge.” Moreno’s thoughts veered to “The Wizard of Oz,” saying Hoeveler possessed the attributes treasured by Dorothy’s friends: courage, heart and intellect.

Kevin Martin, a member of the Federal Communications Commission and former Hoeveler clerk, said the judge “was very sharp, was very deliberative, one of the most fair-minded people I’ve ever known.”

Hoeveler lives with a constant reminder of the Everglades. An oil painting of an island in the “River of Grass” hangs above his desk in chambers, a personal possession since his days as a lawyer 26 years ago.

“It means a lot,” he said of the Everglades, “not only from the standpoint of history but for the ecosystem and our fresh water.”

Monitoring compliance

Federal and state agencies have agreed to supply unpolluted water to Everglades National Park and the Loxahatchee National Wildlife Refuge by the end of 2006, but environmentalists say it’s impossible at the current pace.

“We may have to extend it a little bit,” Hoeveler said of the deadline. As for enforcement of the government’s commitments, he said with a smile, “That will be up to moi.”

Under such consent decrees as the one that settled the Everglades case, judges can monitor compliance for years on end. Hoeveler ordered attorneys to present reports on compliance early this month but canceled the court session after sugar growers went to court.

His accomplishments and recognitions are legion. Awards in his name are issued by Florida criminal defense lawyers for lifetime achievement and by the University of Miami law school for ethics and leadership.

Just how the Everglades case will be resolved remains to be seen.

Hoeveler “recognizes things take time, but he’s also tenacious enough and willing to see things through to their conclusion,” said Steven Friedland, a Nova Southeastern University law professor and another former clerk.

But in a case where politics and the law are intertwined, Friedland said, “He is someone who is above the fray.”