Florida Ends Intrusion by Obama's EPA with Nutrient Agreement

The Florida Department of Environmental Protection (DEP) and the U.S. Environmental Protection Agency (EPA) reached a deal Friday that rightfully allows the state to set nutrient rules for its own waterways.

The state of Florida filed a lawsuit against the Obama administration in 2010 due to its overreach in setting numeric nutrient standards (NNC) for the state's water program. Florida, at the time, was the only state being targeted by the federal intrusion.Early last year, the state won its argument on a key provision, and in November, EPA approved Floridas scientifically-based criteria for its lakes, rivers, streams, springs and estuaries.

"As a result of continued cooperation, the Department and EPA have developed a joint commitment to clean up Floridas 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.We all should recognize the dedication of EPA and Department scientists to protecting our waterways. We appreciate their commitment to a sound, long-term plan to protect Florida waters.

The state will need to adopt legislation this session outlining the state rules.According to DEP, this will "eliminate the need for continued dual rule-making and secure the foundation for a singular, state-led solution for the state of Florida." Right now, both federal and state rules are in place for some Florida waters.

Attorney General Pam Bondi, who filed the challenge against the EPA, welcomed news of the agreement. "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, the Environmental Protection Agency has done the right thing by reaching an agreement with the Department of Environmental Protection 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."

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