Environment

Broward Buddhist group’s lawsuit against Everglades project paused by federal judge

A Fort Lauderdale federal judge put on pause a years-long lawsuit brought on by a Broward Buddhist Group against the U.S. Army Corps of Engineers after the Everglades restoration project at the center of the dispute lost funding.

Last week, U.S. District Judge William P. Dimitrouleas stayed the lawsuit pending refunding of the project, allowing the case to go forward if the Army Corps refunds the project in the future.

The lawsuit, filed in late 2024 by the Florida Nature and Culture Center — a Buddhist spiritual center located on 118 acres of restored wetlands in the Everglades — argued that the nearby construction from the Army Corps’ water restoration project would have “adverse impacts” on the center’s property and disturb its members’ ability to practice their religious beliefs, including meditation.

The Buddhist organization, a part of Soka Gakkai International-USA, also asked courts to declare that the Army Corps violated the National Environmental Policy Act, the Administrative Procedures Act and the Religious Freedom Act.

The project plans to turn a 1,000 acre-swath of neighboring land into an above ground reservoir called the C-11 impoundment area. The project is part of the Corps’ larger Comprehensive Everglades Restoration Plan — a multibillion-dollar effort spanning at least three decades to preserve the Everglades after development drained and ruined them.

In January, after nearly two years in court, the Army Corps tried to dismiss the lawsuit outright after announcing that the remaining contracts had been cancelled, and the funding was withdrawn.

Lawyers from the law firm of Greenberg Traurig representing the Buddhist organization point to evidence showing that the project will likely continue in the future. The Buddhist group sees the judge’s latest order as a win for the group — for now.

“This is absolutely a victory, short term, but an important win because our case will go forward and the court will either adjust and comply with the law or we will go forward and get the project invalidated,” attorney Paul Seby told the Miami Herald.

‘Kicking the can’

After a hearing last week, the judge “administratively closed” the case due to the fact that the remainder of the Everglades project is not moving forward and the funding “was officially reallocated,” according to court filings.

“It makes no sense for the parties and the Court to litigate a challenge to a project that may or may not go forward, or that may go forward in a form that differs from that assumed by the litigation,” the judge wrote.

A media representative for the Army Corps acknowledged the lawsuit and the project’s cancellation, but did not immediately provide comment to the Miami Herald. The Corps declined to comment in the past, citing ongoing litigation.

Seby, the attorney for the Buddhist group, argued that the project has been postponed, not cancelled and pointed to a schedule provided by the Corps that outlines the timeline of the project’s work.

The project is already approved by Congress and funded, but the Corps told the court that the Jacksonville District leading the project “does not anticipate any C-11 impoundment construction work before Fiscal Year 2030,” according to court filings.

“Even if it’s 2030 they’re still doing it, they’re just kicking the can,” Seby said.

Ultimately, the judged stayed the lawsuit, putting it on hold instead of dismissing it. The decision means the case can be reopened later if the project finds new funding.

“Based upon all the evidence presented, that the C-11 Project has been temporarily postponed, and it is likely that the Project, in some form, will resume if and when it is refunded,” the judge wrote.

The judge ordered both parties involved to update the court on the status of the project by Sept. 1, and then every 90 days.

READ MORE: Buddhist center sues over Everglades project, arguing work would disrupt tranquility

What is Soka Gakkai?

Soka Gakkai International-USA is a Buddhist community established in the 1930s that’s based on the philosophy of Nichiren Buddhism, a practice that teaches people to “overcome suffering, live fulfilled lives and contribute to peace in the world,” according to the group’s website. Soka Gakkai members gather to study Buddhist principles, like practicing nonviolence and taking social action, and their practice consists of prayers, chanting and self-reflection in nature to achieve spiritual growth.

The Buddhist group felt that the nine years of construction noise and industrial activity next door would disrupt the quiet environment that they say is central to their religious beliefs. The Florida Nature and Culture Center hosts at least 30 religious retreats per year, which are attended by thousands of SGI Buddhists, according to the group’s lawyers.

“It’s peaceful and quiet there, and the serenity is part of how they practice their religion,” Seby said.

The Buddhist group, in the original lawsuit, argued that the Army Corps “ignored” its legal duties by failing to include the center in its initial Environmental Impact Statement and “gave no consideration of the adjoining property even though it’s a religious and cultural facility,” Seby said.

READ MORE: Judge says Buddhist group can sue over Everglades construction project

Last December, the Army Corps tried to dismiss the lawsuit, arguing that the project has been in the works for 15 years, and that the Buddhist Center could have filed their case as early as 2012 when the Corps first evaluated the environmental impacts of the project. Yet, the courts sided with the Buddhist center, noting that Congress funded the project in 2022 and didn’t make a final decision to proceed with the project until 2023, extending the statute of limitations.

This story was produced with financial support from Trish and Dan Bell and donors in South Florida’s Jewish and Muslim communities, including Khalid and Diana Mirza and the Mohsin and Fauzia Jaffer Foundation, in partnership with Journalism Funding Partners. The Miami Herald maintains full editorial control of this work.

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