USFWS Miami Tiger Beetle Hearing: Comments


On December 11th 2014, the Center for Biological Diversity, Miami Blue Chapter of the North American Butterfly Association, South Florida Wildlands Association, Tropical Audubon Society, Sandy Koi, Al Sunshine, and myself (the Petitioners) submitted a petition to U.S. Fish and Wildlife Service (the Service), urging the Miami tiger beetle (MTB), Cicindelidia floridana, be formally listed under the Endangered Species Act.

A full year and seven days later, on December 18th 2015, the Service proposed “endangered” status for the MTB, and announced a “hearing for members of the general public to comment on that proposal in person,” as required by Section 4(b)(5) of the Endangered Species Act.

This public hearing was held on January 13, 2016 at Miami-Dade College’s Kendall campus and I flew in from Arizona to attend. I’ve already posted a brief synopsis, audio, and photos from the hearing and in this post I’m going to respond to “three” commenters.

The Hearing:

Shortly after 6pm Cecilia Townes, solicitor for the Department of the Interior (Atlanta, Georgia office) and presiding official, began the hearing with a short list of ground rules; one in particular I’d like to point out (emphasis mine):

When you register [to speak], please indicate any organization that you may be representing tonight.

Following the introductory remarks Emily Bauer, a USFWS ecologist, gave short, but informative PowerPoint presentation on the Miami Tiger Beetle, its habitat and threats, and why the Service proposed the species as endangered. The floor was then opened for the public comments.

Here I’d like to address remarks made by three commenters: Paul Lambert, the lobbyist/head of Miami Wilds LLC, David Ceilley, a restoration ecologist, and an anonymous individual.

First, Mr. Lambert:

Good evening. My name Paul Lambert. I’m here on behalf of Miami Wilds.

I just want to make two comments, and if we have other comments, we will be making them electronically through the system.

First of all, just a point of clarification. Miami Wilds has provided the service with plans that show the boundaries, the limits of Miami Wilds development. So to the extent that there’s no formal plans that have been submitted, that’s accurate, but certainly the limits of development have been shown to the service, and so it’s just to clarify that point, what it was.

In August 2015 Jack Illes, creative partner for Miami Wilds LLC, presented a potential outline for Miami Wilds, now divided into two phases; the first consisting of a water park, hotel, retail/dining, and event complex with the second phase, if approved, containing a sprawling theme park. This outline is not sufficient for any regulatory determination and does not even begin to address the complexities of building next to a globally imperiled habitat like pine rocklands; even the basic question of how Miami Wilds management will conduct the controlled burns which pine rocklands depend upon?

MW Phases 1 and 2 August 2015

For Phase 1 the site outline depicts  a 52 acre parking lot constructed in direct contact with pine rocklands, away from its current least-impactful location on the historic central blimp mooring pad/runway. The plan also incorrectly labels portions of the Zoo Miami pine rocklands as existing on “unaltered” substrate. Virtually all of the Zoo’s northern rocklands were historically scraped and subsequently regrew. This same regrowth can happen if the former runway is cleared and the area properly managed.

In Phase 2 about two-thirds of of the remaining development area is on historically scraped/paved pine rocklands which should be considered primary candidates for immediate restoration. Under this plan for Phase 2 multiple areas of pine rocklands would be cut off or destroyed, including areas presently inhabited by endangered species. Those areas now surrounded by development could no longer burn and would  degrade from adequate management, effectively rendering them destroyed.

And (hand-drawn?) map of Phase 1 developments:Phase 1 MW August 2015

The Miami Wilds developers do not present even a preliminary plan or prevention measures to counteract water run-off from the 52 acre parking lot outlined in Phase 1 (which is direct contract with Zoo Miami’s most pristine pine rocklands) or from the numerous impervious surfaces inside the Phase 2 development area. With the abundance of rainfall in south Florida any water will run-off into the adjacent pine rocklands, porous limestone substrate, or water table and have severe disruptive consequences, both through physical damage to and contamination of the habitat. There are numerous other location where the Miami Wilds and County developers could build their full theme park unhindered by a globally imperiled habitat.

Mr. Lambert (continued):

My second area of clarification or comments has to do with the critical habitat rule. When the service published the proposed rule for the Bartram’s hairstreak butterfly back in 2013, both the habitat and the microhabitat were very clearly delineated from a geographic perspective within that rule.

That is not the case with this proposed rule for the [MTB], and we just want to ensure that there is an opportunity to be able to comment going forward on what that delineation of that boundary is prior to the finalization of any rule, and in fact that becomes part of the final rule process, and it was clarified a little bit tonight, and that’s going to go forward, but that was our only other comment for this evening.

A key distinction between the BSHB’s and the MTB’s habitat requirements is the beetles inhabit disturbed, open sandy patches in the pine rocklands; this habitat/microhabitat is dynamic, fluctuating with the season, changes in animal activity, or fires. Consequently, from a geographic perspective, the beetles may vary in their habitat as various environmental  factors “push” or “pull” the adults into new areas (such as a new mammal path through the rocklands or a fire in an adjacent tract of rockland). What this means in practice is that all remaining pine rocklands may be potential habitat for the Miami tiger beetle.

Later in the hearing Roxanna Hinzman, Field Supervisor, South Florida Ecological Services Office, USFWS spoke on Mr. Lambert’s concern about critical habitat comments:

With the question regarding critical habitat designation, that will be a public process similar to this one. It will be noticed in the Federal Register, so there will be opportunities for people to provide comments before there is a final designation, similar to the process for this listing. So we wanted to make sure that that process was clear for folks.

Mr. Lambert (continued):

Otherwise, we also expect that the Tiger Beetle will be listed [emphasis mine], we’ve done quite a bit of research around it, and so we’re here to listen and learn more about the tiger beetle and the process through which it’s going to be listed and the protection of that beetle.

Thank you.

Second, Mr. Ceilley:

I’m a restoration ecologist. I have about 26 years experience in Southwest Florida, a number of years with NGO’s, and more recently eight years as a research scientist with FGCU, and I’ve conducted two major research studies for the Fish & Wildlife Service including Picayune Strand (inaudible), but more recently on Indigo snakes at the C44 reservoir site near Indiantown.

I just wanted to give you a little bit of my background. I have a question, and I understand you’re not going to answer it, but I’m going to ask it for the record.

There’s a parallel process going on right now with the Florida Fish & Wildlife Conservation Commission, and their process is similar but slightly different, and I understand that they’ve commissioned a three-member biological review team to look at the status of the petition listing, and they’ve recently expanded that team to seven members, and they expanded that team to seven members with some basic concerns.

That the original type specimen, the type of locality for Frank Young’s collection came from what he described as a sands hammock, and if you map it, it was particularly north of Barry College. It was actually not in pine rockland. I’m not saying they don’t live in pine rockland … but maybe we need to expand our survey efforts to include areas outside of pine rocklands and preserve those habitats as well.

But my question is are you going to coordinate your listing efforts with the state efforts given the fact that this is an endemic species found nowhere else, apparently, in the United States or the globe even, and if so, how would that process lay out, who would take the lead, and there’s a lot of questions, because there’s two parallel processes at the State level and the Federal level.

I thank you for your time and I think this is a great idea to have these types of public hearings. Thank you.

(I will respond to Mr. Ceilley’s comments in a moment, but I’d like to present both Mr. Ceilley’s comments and an anonymous written note from the hearing, recently uploaded posted to

Third, Mr. Anonymous (link to the entire note):

[David Ceilley] Anonymous Name AffilThere is no name, address, or affiliation given (above).

[David Ceilley] Anonymous Comm1Mr. Anonymous accuses the Petitioners of “misrepresenting” the type habitat and altering historic pine rocklands distribution maps, a serious charge if true (above).
[David Ceilley] Anonymous Comm2Mr. Anonymous then goes on to note the Florida Fish and Wildlife Conservation Commission has expanded its Biological Review Team from 3 members to 7 members and alleges it is due to questions about the MTB species status, type habitat, and previous classification of the species (all point’s I’ve previously responded to here). He also raises the question of which agency will take the lead, USFWS or FFWCC.

Surprisingly, this anonymous note repeats the same points made by David Ceilley. While a coincidence might be possible (although quite unlikely), this is not the case. As a fellow speaker at the hearing I was seated only a few rows away from Mr. Ceilley and watched him fill out a comment form. So why would a “restoration ecologist” ignore the best available science and make blatantly unfounded accusations? A quick search reveals why:

3rd google resultThe third result on Google is Mr. Ceilley’s LinkedIn page, which listed his affiliation right in the preview; I almost couldn’t believe it. Johnson Engineering is a familiar name to anyone following the MTB story since Ram Realty, the developer behind Coral Reef Commons (CRC), retained this firm to (inadequately) survey the CRC property and write a biased Habitat Conservation Plan (I’ve dissected this HCP in an earlier post here). Church Roberts, director of Johnson Engineering environmental consulting team was even featured in a video tour of the CRC site which accompanied a Ram Realty Services corporate press release (this video has since been taken down for unknown reasons). David Ceilley FBMr. Ceilley’s clearly not shy about his position; he’s listed it prominently on his Facebook (above).

JE David CeilleyAnd on Johnson Engineering’s website there is his bio, including the same “background” presented at the hearing, and a recent photo; with these details there is no question of his affiliation with Johnson Engineering and Ram Realty. I’m saddened to see Mr. Ceilley can be paid to disregard the best available science and professionally “claim ignorance” of the recent developments concerning the Miami tiger beetle.

Mr. Ceilley’s presence at the hearing is doubly incriminating as Ram Realty/Johnson Engineering still maintain the Miami tiger beetle is not, nor ever was found on their Coral Reef Commons property, yet they continue to meddle in the official Federal listing process, from the submission of our Petition through this hearing, and undoubtedly into the future.

I have previously responded to the “concerns” raised by Ram Realty/Johnson Engineering/Mr. Ceilley but I’ll take a moment now to again refute these claims, as outlined in Mr. Ceilley’s anonymous note:

(1) What imperical [sic] data has been gathered and what statistical analysis was conducted to establish/identify critical habitat?

The type locality was originally identified as “sandy hammocks” in 1934 by Frank Young who collected the first specimen considered to be Cicindela abdominalis var. floridana. It was collected outside of pine rockland in N. Miami [and] [t]he petitioners have misrepresented the original type locality and altered the historic rockland map to show type locality as most likely “pine rockland.”

The critical habitat designation process is separate from this proposed listing; however, the Miami tiger beetle’s general habitat and microhabitat is well-known and concisely summarized in the USFWS listing proposal (80 FR 79533).

On type locality, Mr. Ceilley is absolutely wrong; I’ve written about the type locality before; my post is the first Google result for “miami tiger beetle type locality.” To make the claim that the site was not pine rocklands Mr. Ceilley either did not do any research or is feigning ignorance. Both violate the Code of Ethics set forth by Mr. Ceilley’s certifying organization, the Ecological Society of America:

1. Ecologists will offer professional advice and guidance only on those subjects in which they are informed and qualified through professional training or experience. They will strive to accurately represent ecological understanding and knowledge and to avoid and discourage dissemination of erroneous, biased, or exaggerated statements about ecology.

5. Ecologists will not fabricate, falsify, or suppress results, deliberately misrepresent research findings, or otherwise commit scientific fraud.

Below is a 1940 aerial image of the MTB type locality (red dot) showing soil and vegetation characteristics indicative of pine rocklands:


Frank N. Young Jr. collected this species while he was an 18 year old student and gave only vague locality information on his labels, but by cross-referencing the exact location he noted in later correspondences with aerial images I’ve confirmed the type habitat, ruling out any possibility that it was “sandy hammocks.” Furthermore, here are images from Barry University in the early 1940s, showing pine rocklands only four blocks away from Young’s collection site.

Barry University 1940 Historic

(2) The Florida Fish and Wildlife Conservation Commission had commissioned a three member Biological Review Team. This team was expanded to seven members in response to concerns about the following:

(This claim that the FFWCC Biological Review Team was expanded due “concerns” is not addressed in any official publication, so it only remains Mr. Ceilley’s personal opinion until he can produce supporting documents)

a) Species level status is highly debatable due to lack of supporting and contradicting DNA evidence

False; this is a purposeful distortion of the science. Rather than write another response, I’ll reproduce the excellent USFWS findings below (80 FR 79533):

As with other similar Cicindela groups, these three sister species were not clearly separable by mtDNA analysis alone (Knisley 2011a, p. 14). The power of DNA sequencing for species resolution is limited when species pairs have very recent origins, because in such cases new sister species will share alleles for some time after the initial split due to persistence of ancestral polymorphisms, incomplete lineage sorting, or ongoing gene flow (Sites and Marshall 2004, pp. 216–221; McDonough et al. 2008, pp. 1312–1313; Bartlett et al. 2013, pp. 874– 875).

The most current peer-reviewed scientific information confirms that Cicindelidia floridana is a full species, and this taxonomic change is used by the scientific community (Brzoska et al. 2011, entire; Bousquet 2012, p. 313; Pearson et al. 2015, p. 138; Integrated Taxonomic Information System (ITIS), 2015, p. 1).

b) Type locality was sandy hammock so why haven’t sandy soil types been surveyed?

Even though the type locality was not sandy hammock (see my comments above), many potential habitats have been (unsuccessfully) surveyed (Knisley et al. 2014):

Extensive surveys were conducted in both scrub habitats and most of the pine rockland sites in Miami-Dade, Ft. Lauderdale and Palm Beach Counties (Knisley, 2008). Most were unsuitable probably because they were too densely vegetated or the substrates were mostly oolitic limestone rock with few or no sand patches.

c) Previously considered C. scabrosa by Paul Choate, Florida tiger beetle expert.

Range of C. scabrosa includes most of Florida.

The late Paul M. Choate was an expert on tiger beetles but all of his publications on the subject predate the rediscovery of the MTB. Despite this inconvenient fact, Ram Realty/Johnson Engineering/David Ceilley continue to cite these outdated publications. However, my fellow petitioner, Sandy Koi (M.S., Entomology) has just definitively addressed this question:

“In response to allegations … I would like it on the record that Dr. Paul Choate was my graduate level classification instructor at the University of Florida, and that he realized later in life that his original assessment of the tiger beetle was incorrect.”

While Ci. scabrosa does occur throughout much of Florida its range does not overlap with the MTB, and this species does not even occur in the same kind of habitat.

Will the USFWS coordinate listing and scientific review with FFWCC? How would this occur and who would take the lead?

This question was answered at the hearing by Roxanna Hinzman, Field Supervisor, South Florida Ecological Services Office, USFWS:

… [W]ith regards to cooperation with the State, we do cooperate with the State lockstep. We try very hard to make sure that they’re involved in our processes, and they ask for our involvement with theirs. So we will coordinate those efforts, but they are indeed separate and parallel processes, so just know that we do work closely with our colleagues at State agencies.

However, the USFWS listing will determine the State listing; Melissa Tucker, Protected Species Coordinator, Species Conservation Planning Section, FFWCC said (in October 2015):

If, at any point during this process, the USFWS does list the beetle as endangered or threatened, our listing process would be suspended and we would instead have a consent agenda item for consistency, and request the addition of the Miami tiger beetle to the Federally-designated portion of our state list.


Contrary to the developer’s repeated insistence, altered pine rocklands, the only home of the Miami tiger beetle, are not beyond restoration. Developing a majority of the Richmond Heights pine rocklands for private gains is not an appropriate answer. With adequate management and protection from any further development these globally imperiled forests can be restored. Let’s afford one of the rocklands endemic inhabitants, a beetle once presumed extinct, full Endangered Species Status and help save this irreplaceable piece of Florida’s natural history.

Especially in light of Ram Realty/Johnson Engineering/David Ceilley’s (continued) dishonesty please consider submitting your MTB comments to the USFWS.

Their public comment period is still open (until February 22, 2016).

Just go to the official site and click comment now.

USFWS Miami Tiger Beetle Public Hearing

With the December 2015  announcement by the U.S. Fish and Wildlife Service (Service) of proposed “endangered” status for the Miami tiger beetle (Cicindelidia floridana), a “hearing for members of the general public to comment on that proposal in person” was scheduled, as required by Section 4(b)(5) of the Endangered Species Act. This public hearing was held on January 13, 2016 at Miami-Dade College’s Kendall campus and I flew in from Arizona to attend. To listen to audio from the hearing click here or keep reading for my photos and some brief comments.

DSC02870 Agenda

Shortly after 5pm I made my way across Miami-Dade College’s Kendall campus to their main auditorium. As I approached the auditorium entrance I saw half a dozen law enforcement officers monitoring the proceeding; two officers at a sign-in table next to the entrance, two at table on the opposite side, and, in between, two at the auditorium doors. Even inside the auditorium there was a USFWS Refuge officer at each entrance, further reinforcing the seriousness of this federal hearing.

Even through I was early there were over twenty people already present, both members of the public and Miami-Dade college students. As I waited for the start of the hearing I chatted with the USFWS officials present and picked up copies of their Miami tiger beetle factsheet and FAQ.

Prominently displayed were two posters depicting the historical and current (only 1.8% remains) pine rocklands in Miami-Dade county and the Richmond Heights pine rocklands, the primary habitat for the Miami tiger beetle. At a glance it is clear the drastic, almost complete, loss of pine rocklands within Miami-Dade county:

The hearing began with an informative presentation on the beetle and then the public comment period began. Among those speaking were myself, the lobbyist/head of Miami Wilds LLC, Paul Lambert, concerned citizens, and members of the Miami Pine Rocklands Coalition. I’ve included selected audio from the hearing below:

I will respond to Mr. Lambert/Miami Wild’s concerns and the ecologist’s comments in a second post. Additionally I’ll post my full comments to the Service in a separate post.

Please don’t forget the public comment period on USFWS’s proposal to list the Miami tiger beetle as endangered is still open (until February 22, 2016). To submit a comment to the Service go to the official site and click comment now.


(L-R) Sonya Thompson (Miami-Dade County), Chris Wirth (Cicindela blogger & Miami tiger beetle petitioner), Sandy Koi (Miami tiger beetle petitioner), Belén Valladares (Miami Pine Rocklands Coalition vice-president), Al Sunshine (Miami Pine Rocklands Coalition president & Miami tiger beetle petitioner).


I’d like to extend special thanks to Miami Pine Rocklands Coalition Vice-President Belén Valladares for providing transportation and lodging during my trip.

Ram Realty’s Habitat Conservation Plan

Author’s Note: Please excuse this belated and partially off-topic post; I’ve written these comments because I feel it is important to highlight the conduct of Ram Realty and to present the best available facts concerning the potential development of Coral Reef Commons site.

In May 2015 Ram Realty filed a lengthy Habitat Conservation Plan (HCP) with the US Fish & Wildlife Service (USFWS) for the development of Coral Reef Commons (CRC). In a press release Ram claimed the HCP, prepared by Johnson Engineering Inc., is a “science-based document” despite the fact that this document contains grievous misrepresentations of the facts. Below I’ve responded to Ram’s most egregious claims, chiefly the present state of the site and the impacts of the development.

No Take of Listed Species?

In their project overview Ram expresses their intent to secure a 50-year Incidental Take Permit (ITP) while, at the same time, insisting that the CRC development:

[W]ould not result in a take [death] of listed species, nor … adversely impact listed species. (Ram 1-2)

This “no take” scenario is absolutely impossible; almost half (48%) of the site is globally imperiled pine rocklands and a majority of the property is USFWS designated critical habitat for four endangered species. Despite their protestations to the contrary Ram’s HCP explicitly calls for the destruction of endangered plants and the host plant for two endangered butterflies.


One Year and Seven Days

On December 18th 2015, over a full year and seven days after a listing petition to protect the Miami tiger beetle (Cicindela floridana) was filed by the Center for Biological Diversity, advocacy groups, and several individuals*,the U.S. Fish and Wildlife Service announced their proposal for the listing of the Miami tiger beetle as endangered.

In a press release Jaclyn Lopez, Florida director at the Center for Biological Diversity said:

Watching the Miami tiger beetle forage, with its shiny, iridescent body and lightning-quick legs, is mesmerizing. Endangered Species Act protection will help ensure the beetle’s rare pine rockland hunting grounds remain intact in the face of ever-pressing development.

The USFWS proposed listing could have significant impacts on the potential developments in the Richmond Heights pine rocklands, home of this beetle.

With the USFWS’s announcement a public comment period is open until February 22 and a public hearing is scheduled on January 13th at Miami-Dade College, Kendall Campus.

IMG_0214 crop

*The author is among the petitioning individuals.

A Second Miami Tiger Beetle Population Discovered

Note: This post was largely written in August, however I held off publishing due to the sensitive nature of this discovery. This Friday the U.S. Fish and Wildlife Service proposed listing the Miami tiger beetle as an endangered species and announced the existence of a second population of the MTB. With this official confirmation I’m publishing this post in hopes of contributing some context and further information about this population.

The story of the Miami tiger beetle, Cicindela floridana, a beautifully iridescent tiger beetle presumed extinct but rediscovered in 2007 is unique. This fiercely predatory beetle is a south Florida endemic only known from pine rocklands, a habitat once common in Miami-Dade county but, due to extensive development, today only 1.8% of the metro Miami-Dade rocklands remain.

The entomologist Frank N. Young Jr., an 18 year old student at the time, discovered the Miami tiger beetle from pine rocklands in 1934 at a site in northern Miami-Dade county. However, by 1947 this habitat was lost to development as the native pine rocklands were transformed into the neighborhoods of north Miami and Miami Shores (below).


In 2007, after a 73 year absence and presumed extinction, the Miami tiger beetle was rediscovered near Zoo Miami in pine rocklands. This site is part of the Richmond Heights pine rocklands, the largest contiguous remaining areas of this habitat in metro Miami-Dade. Spurred by this rediscovery entomologists surveyed pine rocklands throughout southern Florida in search of the Miami tiger beetle.

Extensive surveys were conducted in both scrub habitats and most of the pine rockland sites in Miami-Dade, Ft. Lauderdale and Palm Beach Counties (Knisley, 2008). Most were unsuitable probably because they were too densely vegetated or the substrates were mostly oolitic limestone rock with few or no sand patches (Knisley et al. 2014).

Despite these efforts in the years since its remarkable rediscovery the Miami tiger beetle had only been found at a handful of directly adjacent sites in the Richmond Heights pine rocklands. Even the known population is few in number (under a hundred adult beetles observed) and face further threats of vegetation encroachment and potential habitat development (see here for more).

This changed in July when Jimmy Lange, a field botanist at Fairchild Tropical Botanic Garden, and Alyssa Dawson, an intern from Ohio University, were surveying an undisclosed patch of pine rocklands for rare plants (namely Brickellia mosieri, an endangered species) when, as Lange describes it, “[i]n my meanderings I was [documenting] other rare species as I encountered them … when I bumped into a tiger beetle.” But this was not just any tiger beetle, Lange and Dawson found three Miami tiger beetles (Cicindela floridana).


Lange and Dawson’s discovery offers a small boost to the hopes for the survival of the Miami tiger beetle. But even with the discovery of the second population the MTB is still in danger. The MTB habitat, pine rockland, has been extensively developed and today only 1.8% of the metro Miami-Dade pine rocklands remain. These habitats are also under the constant threat of vegetation encroachment primarily due to the lack of controlled burns (which pine rocklands depend upon).

A major question regarding this second population of MTBs is whether the discovery of new populations would alter the expert’s rating of the species as seriously imperiled and  recommendation for formal protections (Knisley et al. 2014). In brief this second population does not significantly alter the Miami tiger beetle’s current standing. First, this “population” is represented by three observed beetles and thus likely does not provide a sufficient number of individuals to contribute to the species survival. Second, Knisley et al. (2014) account for the existence of other populations in their recommendation methods:

Examples of our grading system are as follows: A 1 would be comparable to the NatureServe grade of 1, usually with five or fewer known populations and significant threats; a 1+ would be at the upper range of these factors and 1- at the lower range.

For the 1 +/- grade given by Knisley a species must face significant threats which is absolutely the case for the MTB. Most significantly both populations face the “loss, degradation, and fragmentation” (USFWS) of habitat, primarily from the constant encroachment of vegetation, both ecological succession due the lack of fires and invasive species.

Of particular note the U.S. Fish and Wildlife Service did not release the location of this new population due to the threat of collection:

Tiger beetles are in high demand and avidly collected. We are aware of internet advertisements for the sale and trade of other florida tiger beetles.


The Miami-Dade Pine Rocklands

Ram Realty’s “Technical and Legal Submittal” and “Supplemental Response” to the Miami Tiger Beetle Emergency Listing Petition

In response to a December 11, 2014 emergency listing petition to protect the Miami tiger beetle (Cicindela floridana) filed by the Center for Biological Diversity, advocacy groups, and several individuals (myself included), Ram Realty retained the law firm Gunster, “Florida’s Law Firm for Business,” to craft their reply to the U.S. Fish and Wildlife Service (USFWS).

Luna E. Phillips is a “Florida Bar board certified Gunster shareholder who practices in the area of environmental, administrative and governmental law [and] leads the firm’s Environmental practice” (from Gunster’s website) wrote and submitted two responses to USFWS totaling some 7,500 words! However, in both of these documents there are serious systematic errors and fatal misunderstandings or, even worse, flagrant misrepresentation of the science. Below I’ve reproduced both of Ram’s filings in red and my comments in black.

Technical and Legal Submittal regarding the December 11, 2014 Emergency Listing Petition Filed by the Center for Biological Diversity, et al:

January 14, 2015

Dear Ms. Blackford:

As you know, this firm represents Coral Reef Retail LLC and Coral Reef Resi Ph I LLC, the owners of the Coral Reef Commons property (Coral Reef Owners). Enclosed is a Technical and Legal Submittal regarding the December 11, 2014 Emergency Listing Petition filed by the Center for Biological Diversity, et al. This Technical and Legal Submittal identifies the flaws in the emergency petition, and the Coral Reef Owners urge the US. Fish and Wildlife Service to carefully review before making a determination on the emergency petition.

The Coral Reef Owners respectfully request that this Technical and Legal Submittal be added to the administrative record for the Miami tiger beetle potential listing, and should the Service make any determinations on the emergency petition, Coral Reef Owners request to be notified. Please do not hesitate to contact me at or via email if you have any questions regarding the content of this letter.



Luna E. Phillips

cc: Vicki Mott, US. Department of the Interior

Client [Ram Realty]

Rafe Petersen, Holland & Knight

Church Roberts, Johnson Engineering, Inc.



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