By Lynn Hatter
http://stream.publicbroadcasting.net/production/mp3/wfsu/local-wfsu-980844.mp3
Tallahassee, FL – A federal court has sided with the U.S. Environmental Protection agency and upheld a settlement agreement allowing the EPA to regulate water pollution in Florida. The case is only one of several pending against the federal rules, and as Lynn Hatter reports, the state continues to push back against the federal intervention.
Florida is the only state in the nation with federal rules regulating how much nitrogen and phosphorus can be in its waterways. The rules come from the U.S. Environmental Protection agency and are the result of a 2008 lawsuit by a coalition of environmental groups. The recent case in federal court is just one of many. David Guest is an attorney with Earth Justice, which led the original lawsuit against the state.
"This was a sharp rebuke by the federal court of appeals by an effort from the sewage industry and the South Florida Water management district to invalidate a settlement agreement with EPA that set limits on sewage, animal manure and fertilizer pollution in Florida that trigger widespread algae outbreaks."
The court upheld the EPA's intervention in Florida's water pollution affairs but that's not the end of the story. Since the rules were handed down, business and industry groups have filed other lawsuits, and even the state has pushed back saying its' not going to follow the rules. Due to the outcry, the EPA has backed down a bit. Instead of forcing Florida to comply, the federal agency is letting the state draft its own pollution rules. During a public hearing in Tallahassee, a draft of those rules was unveiled.
"Good morning.Let's go ahead and get started. I'd like to welcome you to this public workshop to present revisions to Chapter 62-302 and Chapter 62-303 our impaired water rules revisions to adopt a numeric nutrient standard "
Officials with the Florida Department of Environmental Protection say the plan is to replace the EPA's rules with a state-specific solution. Linda Young is with the Florida Cleanwater Action Network, She says while the federal rules don't go far enough, the state's solution is even worse.
"There is a whole list of loopholes that can be take advantage of to charge the number and get around having to do anything There are so many loopholes built into the numbers themselves, that those numbers are never going to apply."
Business and industry groups oppose the federal water rules and are wary about the state's rules too. Bill Herz with the Fertilizer Institute says the industry is responsible for more than 20,000 thousand jobs in the state with a median salary of 80-thousand dollars.
"We'd love to grow within the state of Florida, however, the regulatory overhang with this rule and enforcement and litigation has really locked the industry up and we're unable to grow in this environment."
A coalition of made businesses is suing the U.S. Environmental Protection Agency to repeal the federal water rules, and they're closely watching as the state develops its own regulations. And while all the lawsuits right now are geared toward the EPA, that doesn't mean the state is safe. Drew Bartlett is with the Florida Department of Environmental Protection.
"Right now, EPA's rules were promulgated in December, and 30-40 groups have filed lawsuits against the EPA's rule. What we are trying to do is craft a solution that won't result in that."
The idea of avoiding a lawsuit may be wishful thinking. Both business and environmental groups warn of even more lawsuits to come if the state's rule doesn't appeal to them. Meanwhile, the debate over whether the EPA has the authority to step into state affairs continues. Next week U.S. Representative Cliff Stearns is holding a hearing in Orlando called: "EPA's Takeover of Florida's Nutrient Water Quality Standard Setting: Impact on Communities and Job Creation." Environmentalists are upset that they have not been invited to participate.