By: Mike Diamond
Michael Payne and Ryan Boonstra, in conjunction with our local counsel, Mansfield, Bronstein & Stone, LLP, achieved a successful result for the 22 plaintiffs they are representing in a lawsuit filed against the Florida East Coast Railway Company (FEC), the U.S. Coast Guard, and the U.S. Army Corps of Engineers for condoning and obstructing a federally regulated waterway. The U.S. Coast Guard issued a Notice of Temporary Deviation regarding the bridge, shifting its schedule from staying open at all times except during the infrequent passage of freight trains to remaining open for two 15-minute increments every hour, effective June 21 through December 17. This would alleviate the issues caused by Brightline’s expansion in which their work only allowed the drawbridge open for only 15 minutes each hour.
In a Palm Beach Post article about the Notice of Temporary Deviation, Michael commented, “This is basically the injunction we wanted. We may not pursue this any further as long as the Coast Guard decision stands up.”
The Coast Guard may have derailed, at least temporarily, Brightline’s plan for high-speed rail service to Orlando with a ruling that will keep the decks of two Stuart drawbridges in the up position throughout much of the day to accommodate marine interests.
The accommodation comes at the expense of passenger-ferrying Brightline and the cargo-carrying Florida East Coast Railway, according to officials of both companies, who say they are prepared to take whatever steps are necessary to reverse the decision. They cannot comply with the Coast Guard directive, both companies said in a joint statement.
“This is not just a Brightline issue, but it will also impact freight and commerce throughout the entire state of Florida,” said Brightline. “There would likely be significant impacts to the way goods and people move throughout the state as the backup would not only occur at this bridge access area.”