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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