Politics
Nutrient Criteria Battle: Florida, Not EPA, Knows Best How to Care for Its Waters
Around the State
Attorney General Pam Bondi and Agriculture Commissioner Adam Putnam
Florida has been at odds with EPA since 2009 when the agency announced Florida would be the first state to have statewide federal nutrient limits imposed on its waterways. The decision, which resulted from an environmentalist-driven lawsuit led by EarthJustice, was met with an uproar from state lawmakers, business leaders and utilities, who assailed EPA's standards as flawed and inappropriately costly and burdensome to Florida taxpayers. Reports were commissioned that estimated the standards would cost Florida tens of billions of dollars to implement and maintain.
The state recoiled against the Obama administration's intrusion and filed a lawsuit against EPA in 2010. In February 2012, the state won its argument on a key provision. At the time, Florida Sen. Marco Rubio minced no words in expressing his distaste for the whole affair. “Florida has one of the most aggressive water-quality protection programs in the nation, implemented by the people who know our state best, and it’s time EPA stop bullying us into accepting another Washington-contrived mandate that would devastate job creation," said the Miami Republican.
In another win for the state in November, EPA approved Florida’s scientifically-based criteria for its lakes, rivers, streams, springs and estuaries. The new agreement announced Friday will allow DEP to move forward with rule-making and legislation this session to finish setting limits for Florida's waterways.
"As a result of continued cooperation, the Department and EPA have developed a joint commitment to clean up Florida’s waterways,” said DEP Secretary Herschel Vinyard Jr. “We can now move forward to implementing nutrient reduction criteria, rather than delaying environmental improvements due to endless litigation.”
While there are currently some water bodies in the state that have both state and federal rules on them, the legislation will removed the dual rule-making, and instead only require standards developed by state scientists. That was welcome news to Florida’s leaders.
Attorney General Pam Bondi, who filed the legal action against EPA, said, "I have always maintained that Florida -- not the federal government -- should enact the rules and laws to protect our unique waterways. After years of litigation, EPA has done the right thing by reaching an agreement with the DEP that allows Florida's leaders, who know our waterways best, to implement sound criteria that will safeguard our water from excess nitrogen and phosphorus pollution."
Fellow Florida Cabinet member and Commissioner of Agriculture Adam Putnam, who had also been an outspoken critic of the federal maneuver, echoed Bondi’s praise of Florida’s experts. “The agreement by the U.S. Environmental Protection Agency to defer to the state of Florida to implement its own water quality standards is a compliment to the unparalleled expertise of Florida’s water-quality scientists and confirmation that Florida knows best how to protect its own waterways.”
The NNCs are one of many water battles currently facing the state. A group lobbying for water funding, Florida Water Advocates, told a Florida House committee Thursday that while water quality, like NNCs, grabs much of the state’s headlines, water quantity is a problem that must also be addressed. Florida’s three top industries – tourism, agriculture and construction – all rely on water to keep their economic engines running. For that reason, Florida’s leading business-advocate groups have taken hold of the state’s water issues and have looked for consensus and means to resolve them. Among the leaders has been Associated Industries of Florida. Because of the devastating effects EPA's arbitrary rules could have on Florida’s economy, AIF developed the Numeric Nutrient Task Force to meet EPA head on.
Rep. Matt Caldwell, chairman of the House Agriculture and Natural Resources Subcommittee, recognized the group’s efforts after the agreement was reached. “Today’s announcement brings a long-awaited resolution and reflects years of determined advocacy by AIF and its task force members,” he said. “Through their continued focus on this issue, we have forged a partnership with the federal government that ensures there will be clean water for future generations of Floridians without laying a heavy financial burden on Florida’s citizens and employers.”
Another large business group, the Florida Chamber of Commerce, also said they welcomed the news Friday.
While the agreement ends one battle, another could be on the horizon. Water advocates have warned of costly Phase II rules coming down from EPA.
Anne Smith writes special to Sunshine State News.
Comments (5)
Any laws, orders, judgements, etc. that come from the EPA should be met with invalidation and nullification. And any of their agents trying to enforce their unconstitutional entities should be met by Florida Sheriffs to show them out the door.
And Florida Water Advocates (as well as AIF) you should know. Quality is equally important to quantity for those industries you're trying to protect.
Even agriculture will suffer if our waters are all polluted. I won't eat produce-or meat raised in certain areas known to have to rely on polluted water and I'm not alone.
Otherwise, AIF was that you and your task force that came up with increasing the limits of carcinogens going into some of our waters? I hope not, because pollution has to be mitigated one way or another. It usually starts with people getting sick. Then, comes government testing and then a batttle over who pays to clean it up. It usually ends with the government paying. Very socialistic- a back door subsidy, as well as anti free market and not at all conservative. The free market (and conservative) thing would make the would be polluters pay to not pollute in the first place and pass the cost to its customers where it belongs. A lot cheaper all the way around and better for the economy over the long term.
Leave a Comment on This Story