Florida Sues Federal EPA over Water Regulations

Current Attorney General Bill McCollum and Agriculture Commissioner Charles Bronson, with the support of incoming Attorney General Pam Bondi and incoming Agriculture Commissioner Adam Putnam, filed a lawsuit on behalf of the state against the federal Environmental Protection Agency (EPA) regarding the EPAs interference with the states clean-water program.

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The plaintiffs took aim at the EPA, arguing that the federal government was overstepping its powers as defined by the Clean Water Act and argued that the EPAs nutrient criteria were arbitrary.

We all want clean water for Florida, and we all believe that scientifically sound and responsible numeric nutrient criteria will improve efforts to achieve this goal, insisted McCollum. Florida was in the process of developing such criteria under an EPA-approved plan when the EPA decided to preempt the states plan.

The EPA numeric nutrient rule and its proposed criteria are not based on scientifically sound methodology, and were adopted in an arbitrary and capricious manner just to settle a lawsuit, added McCollum

I have been concerned from the beginning that EPAs actions related to numeric nutrient criteria in Florida waters were not based on factual, verifiable science, said Bronson. Florida has always been a leader in taking steps necessary to improve water quality and I was disappointed that EPA did not incorporate many of the states suggestions on the proposed rule. The final rule as written would place a severe financial burden on the citizens of Florida while not necessarily improving the states waters. The action being taken today is unfortunate but necessary to ensure EPA makes decisions affecting Floridians based on sound science. I am pleased that Attorney General-elect Bondi and Agriculture Commissioner-elect Putnam recognize the great importance of this issue and will continue to protect our citizens from unnecessary and costly regulations.

These new rules will have a drastic financial impact on local governments and communities who are already working to comply with Floridas existing standards under the Clean Water Act, noted Bondi who pledged to continue the lawsuit when she takes over from McCollum in January. Our communities cannot afford these new regulations which may not, in the long run, result in any meaningful improvements to our water quality beyond what our state has already implemented."

This regulation is estimated to cost consumers and localities billions of dollars and, in some cases, will require technology that may not be attainable, said Putnam. While we all would have preferred to avoid this litigation, this is but one strategy we will pursue to see that sound science prevails. I am hopeful the end result of todays action will be the continued protection and improvement of Florida waters in a way that makes both scientific and economic sense. As Floridas next commissioner of agriculture, I will make achieving that goal a top priority of my administration.