Posted January 10, 2014
A federal judge recently ruled in favor of Florida and the U.S. Environmental Protection Agency (EPA) on their 2013 agreement which allows the state to set water quality standards in Florida waterways, according to an article by the Florida Current, available here.
In 2009, the EPA set numeric nutrient criteria, which was criticized by industry groups and state legislative leaders. In 2013, the Florida legislature passed SB 1808, backing an agreement with the EPA calling for the state to set its own limits.
Environmental groups including, the Florida Wildlife Federation, the Sierra Club, and the St. Johns Riverkeeper, sued Florida and the EPA over the 2013 agreement.
On Tuesday, U.S. District Judge Robert L. Hinkle ruled against those groups, stating that setting pollution limits for streams in Florida “had proven elusive” but the Florida Department of Environmental Protection (FDEP) and the federal EPA now agree that the new approach meets the requirement of the Clean Water Act. Hinkle also said that “the 2009 consent decree did not affect the rights of industry groups to challenge the outcome and the requested change does not affect the same rights of environmental groups.” The Order is available here.
David Guest, attorney for Earthjustice, which represented the environmental groups, argued that Florida’s rules “allowed waterways to remain on a ‘study list’ without being cleaned up.” Guest blamed algae blooms in the St. John River, the Indian River Lagoon, Tampa Bay, and others on lax enforcement.
Florida Agriculture Commissioner Adam Putnam said, “Judge Hinkle’s ruling is a testament to Florida’s proven ability to manage its own water resource protection and restoration programs,” according to an article by Sunshine State News available here.
The FDEP released a statement, saying: “We are thrilled by today’s ruling.” “The department can finally implement these additional standards for our treasured waterways, especially our unique set of springs, spring runs, lakes and estuaries.”
For more information on the Clean Water Act, please visit the National Agricultural Law Center’s website here.
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