FEDS AGREE – DEP POLLUTION LIMITS ARE FLAWED EPA withdraws approval of state pollution limits for Lower St. Johns River
There's good news for our fisheries and the future health of the St. Johns River! After being sued in federal court by St. Johns Riverkeeper, Inc. and Linda Young, director of the Clean Water Network of Florida, Inc., the U.S. Environmental Protection Agency (EPA) has reversed its approval of a state rule that would legalize excessive amounts of pollution and allow unhealthy levels of oxygen in the lower St. Johns River.
In July, Jennifer Murphy of the Mid-Atlantic Environmental Law Center filed a motion for summary judgment in a lawsuit against the EPA on behalf of Riverkeeper and Linda Young. The suit alleged that EPA had approved a plan for the St. Johns that would not resolve pollution problems that have plagued the river for years – too many nutrients and too little oxygen. EPA responded by asking the Court to allow EPA to reconsider its earlier approval. The Court agreed to let EPA take a second shot at getting it right.
As a result, EPA has determined that their initial approval of the pollution reduction plan developed by the Florida Department of Environmental Protection (DEP) was a mistake and that Florida's plan for correcting low dissolved oxygen levels and reducing nutrient levels in the St. Johns would not adequately protect the health of the river.
"Citizens should not have to file lawsuits in federal court in order to get the basic protections that the law promises to us—healthy waters that maintain our fisheries," said Linda Young, a plaintiff in the lawsuit. "This victory is a giant step forward for the St. Johns River, but a small step forward for the rest of Florida's waters which may suffer the same treatment from DEP without more citizen lawsuits."
In recent months, the St. Johns River has suffered from unprecedented amounts of toxic algae and low dissolved oxygen that has caused some fish kills and resulted in a health alert that warned against human contact with the river. The Clean Water Act requires the state to correct pollution problems that are affecting our waterways, and the EPA is the agency responsible for approving the state's clean-up plans called TMDL's (Total Maximum Daily Loads). In the case of the lower St. Johns River, the DEP, using flawed science, developed a plan that would actually lead to an increase in nutrient pollution, and it would allow dissolved oxygen levels below those required for fish and other aquatic life. EPA initially approved the state plan, but after the legal challenge lead to a further review, the federal agency rejected the state's approach.
"We are relieved that the fraudulent DEP plan to allow more nutrient pollution and insufficient levels of oxygen in the St. Johns River has been rejected by the EPA," said Neil Armingeon, the Riverkeeper. "We made a promise two years ago to fight for meaningful nutrient reduction in the St. Johns River, and thanks to this ruling, we have been able to fulfill our commitment to the community and our river."
Copies of the EPA's remand determination are available from St. Johns Riverkeeper
