Numeric Nutrient Criteria
The US Environmental Protection Agency has given notice of the adoption of rules that apply new Water Quality standards for nutrients in Florida's lakes and flowing waters. The rules establish numeric criteria for nitrogen and phosphorus to protect aquatic life in lakes, flowing waters, and springs within Florida. The rules set a variety of water quality criteria for different geographic areas in the state. There is great concern among state and local leaders in Florida that the rules are lacking in scientific basis and are cost prohibitive. Accordingly, several pieces of litigation have been filed, including one by the Florida League of Cities and the Florida Stormwater Utility Association. You can link to the complaint and attachments here. The Attorney General in Florida has also filed suit. You can link to that case here.
Several environmental groups, including the Florida Wildlife Federation, St. Johns Riverkeeper, and the Environmental Confederation of SW Florida, have filed suit against the EPA, arguing that the federal site specific alternative criteria allows for new water quality criteria for an entire watershed rather than for a particular site and are thus arbitrary, capricious and contrary to law. You can link to the complaint here.
Many of these cases have been consolidated in the Northern District of Florida federal court. Discovery is underway and a hearing is scheduled for January 2012.