A few months ago, I wrote about a landmark agreement by the EPA to set numeric, statewide nutrient pollution limits -- the first of its kind in the United States. Florida, like most states, has qualitative nutrient pollution limits, which are written in terms such as, “in no case shall nutrient concentrations of body of water be altered so as to cause an imbalance in natural populations of flora or fauna.” Terms like this are difficult to measure objectively and consistently, endangering water bodies across the country and underlying the importance of this agreement by the EPA.
Back in August, the EPA had agreed to the settlement, but it still required approval by a judge. On Monday, U.S. District Judge Robert Hinkle approved the agreement, dismissing arguments by opponents -- agriculture and paper interests, local governments, and even the state Attorney General and Agricultural Commissioner -- that the EPA was acting too hastily, without a scientific basis, and without consideration of the economic situation. Judge Hinkle replied, "What you want me to do (is say that) even if Florida's regulation is inadequate, let it go, not do what the act requires because economic times are hard and (water quality) is worse somewhere else? That would be a lawless decision.” He noted that, pursuant to an EPA determination in 1998 that all states are required to develop numeric standards for nutrient pollution, the state already had a grace period of eleven years to develop the scientific basis for numeric standards.
Opponents say they are still deciding whether or not to appeal Judge Hinkle’s ruling, which won’t become final until he issues a written opinion. In the meantime, this judgment represents a victory for clean water not only in Florida but also across the United States.
See more on the development from Earthjustice.
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Yee Huang | November 18, 2009
A few months ago, I wrote about a landmark agreement by the EPA to set numeric, statewide nutrient pollution limits — the first of its kind in the United States. Florida, like most states, has qualitative nutrient pollution limits, which are written in terms such as, “in no case shall nutrient concentrations of body of […]
Yee Huang | November 13, 2009
In October, Senator Ben Cardin (D.-Md.) introduced the “Chesapeake Clean Water and Ecosystem Restoration Act of 2009,” signaling the beginning of a new era of federal commitment to Bay restoration. The legislation is a tremendous step in the right direction, and it includes many elements to help make the Bay Program and the Bay-wide Total Daily […]
Holly Doremus | November 12, 2009
This posting is reprinted, by permission from Legal Planet. The Fish and Wildlife Service yesterday announced some very good news — the brown pelican will soon be removed from the list of endangered and threatened species. This enormous fish-eating bird has been protected since 1970, when it was included on the very first list of […]
Sidney A. Shapiro | November 12, 2009
The National Highway Traffic Safety Administration (NHTSA) recently chastised the Toyota Motor Company for claiming that no defect existed in its cars, even while recalling 3.8 million of them. Toyota instituted the recall one month after a Lexus sedan suddenly accelerated out of control killing four people near San Diego. When Toyota blamed the problem on improperly […]
James Goodwin | November 11, 2009
When the Electric Power Research Institute (ERPI)—the research arm of the U.S. power industry—met with OIRA last month to discuss the various “beneficial uses” of spent coal ash from power plants, their timing was impeccable. Or so it would seem. On the day of the meeting, October 16, EPA submitted for OIRA review its pre-rule […]
Matthew Freeman | November 10, 2009
New in movie theaters this past weekend was a horror flick called, “The Box,” starring Cameron Diaz and James Marsden as a couple given a disturbing choice. They are presented with a mysterious box, equipped with a button. If they press the button, they’ll get $1 million, but someone they do not know will die. […]
Shana Campbell Jones | November 9, 2009
Today the Administration released its draft strategy for the Chesapeake Bay. Public comment runs through January 8, and the final strategy is due in May. There’s a lot to read. But here’s one point off the bat that’s of note: Regulatory authority will be expanded to increase accountability for pollution and strengthen permits for animal […]
Alejandro Camacho | November 9, 2009
Though few agencies or legislatures have begun to actually develop programs for cultivating adaptation to climate change, at least discussions on climate change adaptation are starting to take place. Unfortunately, as I detail in a forthcoming article, adaptation is still being given short shrift at local, state and federal levels of government, and those who […]
Ben Somberg | November 6, 2009
For an analysis of the news from California this week — where the legislature passed a group of bills Wednesday on water protection — do check out Richard Frank on Legal Planet, who looks at the good and the less-than-good. It commits substantial public funding and commitment to desperately needed Delta ecosystem restoration. The bill […]