Stuart - Tuesday June 13, 2023: A lawsuit filed in April seeking a formal hearing on the operating times of the St. Lucie River railroad drawbridge has been amended in light of the U.S. Coast Guard's revised schedule drawbridge operations.
The suit was filed on behalf of 22 mostly marine plaintiffs who are asking the Federal Court in Miami to bar Brightline from running any trains over the drawbridge until that hearing has been held. The bridge provides sole access to the Okeechobee Waterway (OWW) near Stuart for local marinas, shipyards, marine service providers, and boat owners.
Last week, the Coast Guard, which has regulatory jurisdiction over the bridge, 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. Brightline sought to have the drawbridge open for only 15 minutes each hour.
The Coast Guard’s decision is a compromise that essentially provides the relief that plaintiffs sought in the suit, according to Attorney Michael Payne, a partner in the law firm of Cohen Seglias which represents the plaintiffs. He called the Coast Guard's revised schedule "welcome progress" but pointed out that the schedule is only temporary, and they will continue to press for a permanent schedule change through the formal rule making process.
“Our clients are cautiously optimistic that the Coast Guard will recognize, through further study, that keeping the bridge closed, except for 15 minutes per hour, would seriously impede navigation," said Payne. "The proposed change seems to be a reasonable compromise, as the long-range solution would be the construction of a new bridge to accommodate the interests of all parties involved.”
About the case and federal regulations:
The complaint (filed on April 28, 2023, and amended on May 19, 2023), on behalf of a group of 22 plaintiffs, is against multiple defendants, including All Aboard Florida (Brightline Trains), Florida East Coast Railway (FEC), the U.S. Coast Guard, and the U.S. Army Corps of Engineers. Brightline currently operates a high-speed passenger rail service between Miami and West Palm Beach, Florida, and plans to expand the service beyond West Palm Beach to Orlando. To travel beyond West Palm Beach, the trains must cross the 96-year-old single-leaf bascule drawbridge that crosses the St. Lucie River section of the Okeechobee Waterway near Stuart, Florida.
By Federal Regulation 33 CFR 117.317(c), the drawbridge must be kept in the open position except for the passage of trains. Currently, freight trains cross the bridge, mostly at night. Plans were announced in May 2023 for Brightline to use the bridge for 32 trains per day to cross and to keep the bridge closed except for 15 minutes per hour. The plaintiffs filed suit seeking injunctive and declaratory relief because the proposed change to the opening schedule of the bridge could only be accomplished by a change to the existing federal regulation, which requires the use of a formal rulemaking process including publication of a proposed new rule in the federal register followed a public comment period before a final rule is enacted.