Monday, February 20, 2012

Judge Orders Florida Water Pollution Limits by Michael Braun

A Southwest Florida conservation official is calling a federal judge’s ruling on clean water limits a total victory for the environment.

U.S. District Judge Robert Hinkle’s ruling in Tallahassee on Saturday ended years of delays in setting and enforcing specific limits on sewage, manure and fertilizer contamination in Florida waters. The rules must take effect March 6, Hinkle ruled.

“It was a victory on everything we wanted, except for a few technical details,” said Andrew McElwaine, president and CEO of the Conservancy of Southwest Florida in Naples, one of several plaintiffs in the lawsuit.

“For us, on our coast, it was particularly important,” McElwaine said. “Between the Caloosahatchee and Peace rivers we really need these standards. We are on the receiving end of so much pollution.”

McElwaine said the ruling sets standards on the amount of the foreign substances permitted in state waters; before, the rule simply urged polluters to set their own limits.

“This defines trouble,” he said. “And the Caloosahatchee is nothing but a troubled river.”

McElwaine said that what will likely happen next is an appeal and possibly a request for a stay of the ruling. “It will be interesting to see what will happen with the appeal, given how emphatic the judge was,” he said. “And I would be surprised if a stay is granted.”

McElwaine said that the plaintiffs’ two requests not granted, minor technical details, were assigned to the U.S. Environmental Protection Agency and are to be decided by May.

The pollutants mentioned in the ruling feed algae blooms in lakes and streams. The blooms can cause health problems in humans and can be fatal to wildlife.

Earthjustice filed a Clean Water Act federal lawsuit in 2008 on behalf of environmental groups seeking limits on the pollutants in Florida.

Hinkle’s ruling upholds limits set in 2009 by the EPA. The agency said the limits are necessary to meet Clean Water Act requirements.

The federal limits replace a state rule requiring studies of algae blooms, but no preventive measures.
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