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DEP responds to House records request, defends payment of legal bills

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The state’s Department of Environmental Protection on Friday night released its response to the House of Representatives’ request for documentation of the legal billing in a longstanding river water use fight against Georgia.

Interim DEP Secretary Ryan Matthews also sent a letter, saying his agency had “denied more than $3 million in expenses and hourly charges submitted by outside counsel.”

A cursory review of the records shows not only invoices for legal fees but also, for example, a $272,000 contract between DEP and the University of South Florida for oyster reef research. Another file showed a Nebraska company was paid $49,000 for “video production in support of (the) litigation.”

The 16-year long court fight centers around upstream water use from the Chattahoochee and Flint rivers in Georgia. They meet at the Florida border to form the Apalachicola River, which empties into the Apalachicola Bay, on which oystermen have depended for decades for their catch.

The department had planned to ask lawmakers for an additional $13 million to pay ongoing legal bills from the still-unresolved case.

The litigation already has cost the state tens of millions of dollars, and a federal court official last month ruled in favor of Georgia by recommending against tough water consumption limits on the Peach State.

Meantime, House Speaker Richard Corcoran said his chamber wouldn’t entertain any more funding for the lawyers without a detailed audit of how DEP officials spent legal money already appropriated.

The speaker also was perturbed when former Secretary Jon Steverson quit for a job at the Foley & Lardner law firm, one of the outside law firms he approved payment to.

Corcoran tasked state Reps. Dan Raulerson, a Plant City Republican, and David Richardson, a Miami Beach Democrat, with looking into the billing from outside law firms. Both men are CPAs.

Interim DEP Secretary Ryan Matthews provided House general counsel Adam Tanenbaum with the records and the letter. (The records are available via this link.)

“For 26 years and under five administrations, Florida has been fighting for its fair share of water due to Georgia’s reckless water use,” Matthews said. “Our fight is to protect our communities, marine fisheries and the vital economic impact of Apalachicola Bay which supports thousands of jobs.

“Based on (the) Latham Watkins (law firm’s) expertise, the Attorney General’s Office retained them on this case and I want to thank Attorney General Pam Bondi and her team for fighting for families in Apalachicola Bay,” he added.

“As evident in the records, DEP staff carefully reviews every invoice to verify that the expenses comply with the terms of the contract with outside counsel and Florida law,” Matthews said.

“In instances where outside counsel does not comply, the expenses are denied,” he said. “In fact, since July 2015, DEP has denied more than $3 million in expenses and hourly charges submitted by outside counsel retained on this case.

“Our scrutiny of expenses also ensures compliance with Florida’s per diem and travel policies as defined in law. DEP also carefully analyzed all hourly charges to ensure they were in compliance with the contract and rejects all charges that are not previously authorized or do not fall within the contracted terms.

“DEP will fight for families and the thousands of jobs at risk in Apalachicola Bay and we are optimistic we will prevail.”

Before joining Florida Politics, journalist and attorney James Rosica was state government reporter for The Tampa Tribune. He attended journalism school in Washington, D.C., working at dailies and weekly papers in Philadelphia after graduation. Rosica joined the Tallahassee Democrat in 1997, later moving to the courts beat, where he reported on the 2000 presidential recount. In 2005, Rosica left journalism to attend law school in Philadelphia, afterwards working part time for a public-interest law firm. Returning to writing, he covered three legislative sessions in Tallahassee for The Associated Press, before joining the Tribune’s re-opened Tallahassee bureau in 2013. He can be reached at

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