Category Archives: Florida Power & Light

Why I’m Suing the State of Florida & Governor Rick Scott

On Monday April 16th I sued Florida Governor Rick Scott and the State of Florida (click here to read the lawsuit) along with seven brave children from all over the state to demand that the promises made to us in the Florida Constitution and The Public Trust Doctrine be kept and that our Public Trust Resources including our atmosphere and waters be protected from man-made carbon dioxide pollution caused by fossil fuels. Here are some of the reasons why I feel that we have a moral obligation to try and change things before it’s too late and, therefore, why I’ve sued our State and Governor.

I am the fourth generation of my family to live in South Florida and was born here in Miami. I love the state of Florida and its incredible diversity including the vibrancy and natural beauty of Miami and Miami Beach, the serenity of places like Matheson Hammock, and natural wonders such as the Florida Keys, our state’s amazing coral reefs and, of course, the Everglades, the only habitat of its kind on earth.

But I am deeply worried about Florida’s future. The carbon dioxide that is being pumped into our atmosphere and oceans from petroleum products made from fossil fuels place parts of Florida that I cherish at the very real risk of disappearing.

Of becoming extinct.

Of being lost.

Forever.

And those concerns, along with our State leaders total disregard for what is already happening, much less the threats that we face in the future, is part of the reason that I am suing our Governor and State of Florida.  Our climate change crisis is the biggest issue that my generation will ever face and it’s up to us, today’s children, to fix this problem. It is my hope that the court will rule to require that Florida enact and enforce laws to reduce and eliminate carbon emissions so that our state and citizens can have a future here.

I cherish my family home on No Name Key in the Florida Keys in Monroe County, an island that’s in the National Key Deer Refuge and the Great White Heron National Wildlife Refuge. No Name Key is filled with amazing, magical, creatures like the tiny Key Deer who make their home there but in a County whose average elevation above sea level is less than 6 feet, I wonder and worry about whether the Florida Keys, and my home, the deer and their habitat will survive a future where seas are projected to rise between at least two and six feet, or more, unless we take action now.

But when I wrote to the State of Florida’s Department of Environmental Resources to ask what they are doing about our climate change crisis and my sea level rise concerns and our overall region their response upsets and scares me. Here’s what they wrote in response:

To Delaney Reynolds; 

Unfortunately the response to both of these questions is “Not much”. The Governor has not supported climate related legislation and as a result not much is getting done at the State level. 

Sr. Administrator / Department of Environmental Resources, 

State of Florida

That response, the state’s “not much” response, is unacceptable and is another reason why I am suing Governor Scott and the State of Florida.

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This is me at 2 years of age at Matheson Hammock Beach. Unless we take action now, future generations will not be able to enjoy this special place like I did. 

And speaking of special places, Matheson Hammock is a wonderful public park that’s a short walk from my Miami home. It has an incredible path that winds its way through miles of mangrove forests as well as a marina and beach with a salt water swimming hole that overlooks downtown Miami and the ocean beyond. It’s a place that generations of South Floridians have enjoyed, a place where I learned to swim and where my father before me did too.

But it breaks my heart to see sea level rise covering the park’s paths, roads and beaches more each year and to know that someday soon, unless the State of Florida takes action to protect us, Matheson Hammock and places all over Florida like it will forever disappear. And that’s a tragedy that we cannot tolerate and yet another reason why I am suing the Governor and State.

Communities large and small all over Florida are already being forced to take action to address our climate crisis and when it comes to sea level rise, South Florida is literally ground zero for what’s happening here in the United States. Billions of dollars of real estate, as well as the tax revenue that goes with it is at risk.  Millions of people face the very real risk of being forced from our region and becoming climate change refugees. Much of our environment is literally at risk of extinction and yet our state’s political leaders avoid and deny the reality that our citizens increasingly face and leave it to locals to try and address this enormous issue. Examples include:

1. Miami Beach is spending nearly half a billion dollars to begin addressing the flooding from sea level rise that already consumes their community.

2. Last year City of Miami voters passed the Miami Forever Bond including $200 million towards sea level rise mitigation. Of course they did, flooding from seal rise has become a way of life here.

3. The City of South Miami passed a historic solar power law last year, the first of its type in Florida, a law that I proudly played a role in conceiving and helped to write, that requires residential solar power as a step to reduce carbon emissions.

4. Miami-Dade, Broward, Monroe and Palm Beach Counties have banded together to create the South Florida Climate Change Compact because of the dire risks that our entire region faces.

In each of these cases concerned citizens and local leaders have come to realize that we must take action if South Florida is to have a chance to have a future. And yet, Florida’s Governor mocks us by denying that human caused climate change and sea level rise is an issue by saying that he has no view on these topics because, as he likes to say, he’s “not a scientist”.

Well, most of the people in our region are not scientists, but they do have eyes and can see that the water and temperature are rising, and that climate change is already affecting their ability to live a happy life here.  The science and facts related to human induced climate change and sea level rise are indisputable and you do not need to be a scientist to see this and, thus, another reason I am suing is to help those communities, and the people who live in them, all over Florida that are desperately fighting our climate crisis without help from the Governor or State of Florida.

And I am suing the State and Governor on behalf of those who can’t but will be highly impacted by this growing catastrophe including:

1. Our natural environment and the unique habitats and creatures that will be lost or displaced without action. Take, for example, a place that’s hidden from most people’s view, our underwater environment including the Florida Reef Track, a 360-mile-long ancient coral reef that runs from the St. Lucie Inlet in Martin County to the Dry Tortugas National Park, West of the Florida Keys. It’s the third largest reef in the world and home to millions of marine animals but it IS at risk of extinction from ocean acidification caused by man-made carbon dioxide from fossil fuels.  Why would any of us allow that to happen?

2. Millions of people who face a future where they are at risk of becoming climate refuges unless we take action. People who will be forced to move from places they love and, in many cases, where their forefathers have lived for generations.

3. And people whose health will be severely impacted, especially the youngest and oldest in our society, as temperatures continue to climb.

4. And people too young to speak out today, as well as those not yet born but who have the undeniable right to enjoy a safe, clean, natural environment. A right that the State and our Governor are stealing from all of us by not taking action before it’s too late.

The good news is that there are solutions and the sooner we begin widely implementing them the better chance we have to save Florida and the less costly it will be to fix the problem. The bad news is that the State of Florida and our Governor have done little to nothing to begin solving the problem and that’s another reason why I am suing.

For example, experts predict that solar power can produce HALF of Florida’s energy needs by the time I’m 45 years or so old if our State would just become serious about sustainable energy and stop playing politics by protecting the established, polluting power companies.  My local power company in Miami, Florida Power & Light, has been in business for nearly 100 years in a place nicknamed ‘The Sunshine State” yet produces less than half of 1% of its power from solar. Now that makes NO sense.

For a Governor who likes to campaign for office by touting job creation it also makes no sense that he’s not embraced growing solar power for Florida. Experts predict that transitioning Florida to a renewable energy system would create over 300,000 good, well paying, long term jobs.

And, of course, let’s not forget that widely expanding solar power everywhere will save consumers a LOT of money while also helping save our environment.

So, while the Governor and State of Florida appear dedicated to the polluting ways of the past, I am hoping that our future will be filled with sustainable power and that The Sunshine State will become THE Solar State.

Allow me to end by sharing how much I enjoyed Ms. Hamann’s Civics & History class in 8th Grade.  Not only was she incredibly engaging, entertaining and nice, but I learned many important lessons from her about the three branches of our government:

1. The Executive branch where our Governor and his Cabinet are located,

2. The Legislative branch where Representatives and Senators serve,

3. And the Judicial branch where our state’s legal system operates to help protect us.

I am suing the State and our Governor because the Executive and Legislative branches have miserably failed to protect us and our environment from the climate change crisis. They have failed to honor their legal duties in the Florida Constitution and The Public Trust Doctrine by not protecting our Public Trust Resources and it is my hope that the Court will:

1. Affirm that our atmosphere is a Public Trust Resource,

2. Rule that the State has a fiduciary responsibility to protect our atmosphere, waters, land, marine resources, beaches and other Public Trust Resources from waste,

3. Affirm that the State has breached its responsibility to reduce Florida’s carbon emissions,

4. Rule that the State be forced to prepare and implement a remediation plan, and

5. Require the State to create the laws necessary to enact that plan so as to reduce Florida’s carbon emissions to safe levels that are based on scientific facts

As stewards of our state I believe that we have a moral obligation to solve our climate crisis and it is my hope that our legal system will help me draw a line in the sand so as to stop the damage and begin implementing solutions while Florida’s beaches still have sand on them.

Before it’s too late.

I want to end this blog post by congratulating my co-Plaintiffs, the seven children that are standing with me to fight our Governor and the State. Thanks to Levi, Isaac, Luxha, Andres, Oscar, Oliver and Valholly.  You are brave and passionate beyond words and I know that I speak for countless people when I say how grateful I am for your commitment and passion to helping me solve our climate change crisis.

I also want to end by thanking our exceptional legal team, our attorneys, as well as the incredible team at Our Children’s Trust for all your help.  On behalf of all the children, and the generations that will come after us, thanks to Guy Burns, Andrea Rodgers, Meg Ward, Caitlin Howard, Dick Jacobs, Mitchell Chester, Sandy D’Alemberte, Wally Pope, Jane West, Erin Deady, Deb Swim, and Matthew Schultz.

To learn more about the lawsuit and the organization helping Florida’s children seek justice, please visit Our Children’s Trust by clicking here or Youth V. Gov by clicking here.

The Solar City of South Miami

Let the sunshine,
let the sun shine in,
the sun shine in

Aquarius/Let The Sunshine In

By 5th Dimension

Something spectacular and very important happened last week at the City of South Miami’s May commission meeting and we all owe Mayor Stoddard and the visionary commission a debt of gratitude for helping lead Florida into a sustainable future.

Early last year I learned that the City of San Francisco had become the third municipality in California to enact an Ordinance requiring solar power to be installed in new construction, as well as significant renovations. San Francisco’s law (click here for a copy of their Ordinance) intrigued me and led me to write several local mayors a letter requesting that they consider implementing a similar law in their municipality. An example of one such letter, in this case to the Village of Palmetto Bay, following a lecture that I gave to a business group there at which its mayor was in attendance, is displayed below.

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I’m happy to report that Mayor Stoddard eagerly responded. As a first step he asked me to find everything possible related to the cities in California that had a similar law and promised that we would work together to draft our own version for his city.

Our first meeting lasted nearly six hours, but it also laid the foundation of the Ordinance the South Miami City Commission passed with a 5-0 vote upon its first reading last week (Click here for the draft of the ordinance). Such a law holds the promise of having South Miami lead the State of Florida into our sustainable future and turning the Sunshine State into my dream that we one day become THE Solar State. I attended the South Miami Commission meeting and during the Public Comments portion of the meeting spoke in favor of the Ordinance and the benefits of solar power. You can watch my presentation in the video below:

Later in the evening when it was time for the commission to discuss and debate the Ordinance, Mayor Stoddard explained its history and the work that we had done together over the past year. To watch Mayor Stoddard discuss the Ordinance, as well as to see what just might turn out to be a historic vote, press play below:

Experts predict that 50% of Florida’s energy can be derived from solar power by the year 2045 if our State begins to get serious about this clean, abundant energy source. Sadly, Florida ranks 14th in the amount of energy we produce from solar power, but the good news is we rank 3rd in our potential to generate power from the sun.

At a time that our State and Country should be dramatically increasing its sustainable use such as solar power, these rankings are a bit discouraging, but not surprising. They are not surprising here in South Florida when one considers that after 92 years of being in business, our local energy monopoly, Florida Power & Light, derives less than 1% of its energy from solar power. Lately FP&L seems to enjoy touting its “dedication to solar power” in its advertising, but facts are facts and their own annual report concludes solar power produces less than 1% of the energy that they generate. Simply stated, FP&L is not committed to sustainable power.

I believe that the time has come to change things. 92 years is far too long to do so little and I think that the days where everyone must obtain their power from one source, from a monopoly, should soon come to an end. A reliance on fossil fuels and of old technologies is destroying our planet and that 1% figure screams that these established businesses are all too happy with the way things are.

When it comes to solar, there is lots of good news and it’s not just in South Miami. At a time when electricity prices are on the rise and our local power company (FP&L) has charged its customers nearly 300 million dollars for a nuclear power facility that may never be built or be many decades off into the future, the cost of solar power has dropped significantly as the chart below illustrates.

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The cost of solar power has decreased over 99% since 1977 and is today the least expensive source of energy in America. Now, all we have to do is implement solar power everywhere and let the sun do the rest.

South Miami is certainly doing its part and that process is to continue next with a review of the Ordinance by the Planning Board, followed by a second reading of the proposed new law by the City Commission later this summer, where they will have the opportunity to make history in Florida and in the United States.

Thanks to Mayor Stoddard and the entire City Commission for their leadership. I also want to thank the City Manager, as well as the City Attorney for their hard work in helping polish our earlier draft, as well as my dreams.

Let me end today’s blog with a challenge. If you have read what we are doing in the City of South Miami, then I want to encourage you, challenge you, to work in your own community to create a similar law. Our country faces many challenges in evolving from a fossil fuel economy to a sustainable one but, if we are to ever make that transition, I believe the solutions will most certainly begin in our local communities, including yours. Within this blog, you have the tools that you need including samples of the existing laws, the newly proposed one, even the letter that I wrote that started it all.

So, I implore you to approach your own local leaders and ask them to help you change the world for the better.

The MAST Makos’ Sustainable Future: Kid’s Get It

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If you’ve ever wondered whether today’s youth understand that our warming planet is causing a growing crisis, or whether my peers are serious about solving the problem then you only needed to be with me last week when I spent a day with 1,500 Middle and High school students at MAST Academy.  And if you’ve ever been concerned about whether kids can quickly swing into action to create those solutions then you sure would have been impressed by the kids that I met on campus that day.

MAST Academy is a nationally recognized school, the only maritime and science technology magnet middle and high school in the Miami-Dade County system and has a STEM (Science, Technology, Engineering, and Mathematics) focus.

It also happens to be located on Key Biscayne, a beautiful barrier island just off the coast of Miami, that is only one of the most susceptible places on earth to a future of sea level rise. In fact, at the rate we are going it’s likely that MAST and much, perhaps all, of Key Biscayne will be under water in a few decades unless those kids and others like them join me in solving this problem.

IMG_7273I started my morning with presentations to two groups of high school students that filled the school’s auditorium. These young people were very engaged, had excellent questions, and were eager to learn more about what they could do to help.

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I then spoke to the school’s environmental clubs and we discussed ideas to help make their school and community more sustainable. Prior to my visit I was asked to help the children think of new projects, to inspire and motivate them. We talked about their recycling initiatives, beach cleanups and campus greenhouse. And we talked a lot about solar power, a topic that the students were fascinated with.

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While my time with the high school students and clubs was amazing, perhaps the highlight of my day was the enthusiasm of the middle schoolers that packed every seat in the auditorium after lunch. In fact, after my lecture these students had over an hour of questions and comments about climate change, sea rise and solutions to these problems.

IMG_7302The children were so enthusiastic that day that the school’s leadership was spontaneously inspired to create a school-wide sustainability committee. Over 50 children volunteered on their own volition to participate and then joined me to discuss how they could raise money, approach local political leaders, design, plan and implement a range of projects on their campus and in their community.

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When I say that these children were motivated, I really do mean it. They were hungry to  learn and become involved and, most importantly, to solve the climate change crisis with one another. As I have said and seen many times before, Kids Get It and that sure is true at MAST Academy.

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Thanks to Michele Drucker for kindly inviting me and being so enthusiastic towards the children as well as me and my work.

Thanks also to MAST’s Principal Ms. Otero for allowing me to visit her school as well as supporting the children’s excitement for the future.

I’ve promised to return to MAST and help the children in any way that I can and I look forward to doing that so as to build on their enthusiasm. It’s exactly that type of enthusiasm that gives me great hope that by working together my peers and I will, in fact, solve the climate crisis.

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