FL H1401

Florida filed a lawsuit on December 7, 2010, against the EPA over federal intrusion into the state's clean water program and the EPA's imposition of numeric nutrient water quality criteria.

The lawsuit alleges the EPA's actions violate the Clean Water Act's principle of cooperative federalism, which reserved control of nutrient loading and water resource management as traditional state responsibilities with federal oversight.

The EPA had previously approved Florida's Total Maximum Daily Load Program as sufficient to meet Clean Water Act requirements (September 28, 2007) and praised Florida's "progressive nutrient management strategies" in January 2010, but reversed course in 2009 to implement federal rules preempting the state program.

The EPA's Science Advisory Board, along with Florida agencies and the University of Florida, expressed concerns that the EPA's methodology for developing numeric nutrient criteria is scientifically flawed and not site-specific for Florida's waters.

The legislature urges Congress to prevent the EPA from overextending its mandate and intruding into Florida's previously approved clean water program, with copies to be sent to the President, Congress leadership, and Florida's congressional delegation.