Background on the Federal Litigation
On July 17, 2008, a federal lawsuit
against the EPA and its then Administrator, Stephen L. Johnson, was initiated by
filing a Complaint in the United States District Court for the Northern District
of Florida (Case No. 4:08-cv-00324-RH-WCS). The Complaint in this lawsuit seeks
an injunction that would require EPA to set numeric nutrient standards for the State
of Florida.
In August, 2009, a Consent Decree was
executed by the Plaintiffs and the EPA. On November 16, 2009 the Consent Decree was accepted by the
Court, requiring the EPA to propose and adopt numeric nutrient criteria if the
State of Florida fails to adopt numeric criteria by a specific date. The Consent
Decree also requires the EPA to propose regulations setting forth numerical water
quality criteria for lakes and flowing waters in the State of Florida by January
14, 2010, if the State of Florida has not already done so. The EPA has until
January 14, 2011 to propose regulations setting forth numerical nutrient requirements
for coastal and estuarine waters.
| •04/2010
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CCUA and Utility Council Respond to EPA’s Proposed Numeric Nutrient Criteria Rule. Extended public comment period closes.
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| •01/2010
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EPA submits proposed Numeric Nutrient Criteria rule. Public comment period begins.
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| •11/2009
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Judge Hinkle accepts Consent Decree. EPA required to establish Numeric Nutrient Criteria for Florida lakes and flowing waters by January 2010, and finalize the standards by October 2010. Additionally, the EPA will be required to establish criteria for coastal waters and estuaries by January 2011.
|
| •08/2009
| - |
EPA enters into proposed Consent Decree to mandate that the
EPA establish Numeric Nutrient Criteria for the State of Florida
|
| •07/2008
| - |
EarthJustice files lawsuit against EPA to develop and enforce
Numeric Nutrien Criteria
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