Environmental advocates suing to pause operations at Alligator Alcatraz said they remain hopeful, even after a key court hearing described by one witness as "adversarial."
Attorneys with nonprofit groups Friends of the Everglades, the Center for Biological Diversity and Earth Justice spoke at a federal appellate court in downtown Miami on Tuesday amid their ongoing lawsuit against state of Florida and U.S. Department of Homeland Security (DHS) officials over the contentious immigrant detention facility.
A lower court last year ruled in the advocates' favor and issued an injunction to stop construction and detention activities in Florida's environmentally sensitive Everglades. But, after the government lodged an appeal, a three-judge panel must now decide on the legal merits of that stop work order.
Read MORE: Environmental advocates fear 'Alligator Alcatraz' may do irreparable harm to Everglades
" We were back in court today arguing for that preliminary injunction to be reinstated as our broader trial continues. We are committed to the long haul. The people of Florida have demonstrated they do not want an [Immigration and Customs Enforcement] prison in the middle of Big Cypress National Preserve," Eve Samples, executive director of Friends of the Everglades told reporters outside the courthouse.
History of the case
Advocate groups sued Florida Division of Emergency Management Director Kevin Guthrie and former DHS Secretary Kristi Noem last year in an effort to stop adverse environmental impacts from the construction of Alligator Alcatraz. The groups argued the government did not seek an environmental impact study required by the National Environmental Policy Act (NEPA) when a federal project is planned within an environmentally sensitive area.
The state and federal government rebutted that the facility was a state-level project and didn't count as a federal action under NEPA.
Judge Kathleen Williams of the U.S. Southern District of Florida issued an injunction in August to halt construction and detention at Alligator Alcatraz wind down operations. Williams wrote a scathing order after finding "unequivocal" evidence of federal involvement at Alligator Alcatraz and likely environmental harm. Florida was reimbursed for the cost of the facility through a $600 million DHS grant, and detainees are dropped off at Alcatraz by federal agents.
The government appealed Williams' decision, and the appeals court paused the injunction and the district court proceedings while the appeal case was decided.
READ MORE: Former Alligator Alcatraz detainee: ‘Prison was better than that place’
In the seven months since then, Alligator Alcatraz has been allowed to operate and thousands of detainees have been held in allegedly inhumane conditions. Detainees have reported being chained hand and foot for the majority of the day, being denied medical care and sleeping in cages akin to animal pens.
Appeals hearing
Following Tuesday's hearing, the appeals court will decide whether to reinstate Judge Williams' injunction or invalidate it. Attorneys for the advocates and the government were questioned by the three-judge panel to better inform their decision.
Betty Osceola, an activist and member of the Miccosukee Tribe of Indians of Florida, watched the arguments in court and came away feeling at least part of the court had already made up its mind.
"One of the judges, in their line of questioning, was adversarial to the attorneys for the tribe and their partners in litigation and seemed to be more favorable to the state and the federal governments," Osceola told WLRN.
The Miccosukee Tribe joined the lawsuit on the side of the environmentalists after the case was filed. Attorneys for the tribe said the detention facility encroaches on lands used by their people for fishing, hunting and gathering medicine. They also argued contaminants from Alcatraz were polluting the Tribe's drinking water.
" When you think about the amount of fuel that's being stored there on this hastily put up facility, what's gonna happen if you have those chemicals leach into the water?" Osceola said. " It's my hope that the judges will look at the facts in the case — not personal opinions or insinuations — and rule in favor of the tribe and its partners."
Elise Bennett, Florida Director and attorney for the Center for Biological Diversity, described Tuesday's proceedings as a "hot bench." She said tough questions were meted out to parties on both sides of the suit, and the panel seemed to want a deeper understanding of the entire case.
It's unknown at this time when the appeals court will issue its decision on the injunction. Regardless of how the appeals court rules, the lawsuit will continue at the district level once their decision is made.
Friends of the Everglades and the Center for Biological Diversity said they plan on putting forth new legal claims under the Endangered Species Act once they return to district court.
