Judge orders EPA to help clean up Florida waters
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November 18, 2009
TALLAHASSEE, Fla. - In a case with national implications, a federal judge in Tallahassee says the U.S. Environmental Protection Agency (EPA) must take steps to stop the harmful algae blooms in Florida waters. U.S. District Judge Robert Hinkle says he will order the federal agency to comply with the Clean Water Act and set legal limits on pollution from sewage, animal manure and excess fertilizer that triggers the blooms.
David Guest, managing attorney with Earthjustice, says nutrient runoff from fertilizer and septic systems has fouled Florida's beaches and waterways, threatened public health, and even shut down a southwest Florida drinking water plant.
"Florida used to be a place that was safe to swim in. It was a place that attracted tourists from all over the world -- and we're in the process of ruining that and destroying our tourist economy. This is going to bring a halt to that."
In 2008, a Florida Department of Environmental Protection report indicated poor water quality in half the state's rivers and more than half of Florida lakes. Guest says drinking or even swimming in some of these waters can be hazardous.
"If you ingest the water containing toxic algae, you will get sick or you could even die. It is extremely dangerous to swim. There have been reports of people that got horrible rashes all over their skin."
Agricultural Commissioner Charles Bronson, four out of five water management districts, the Florida Farm Bureau and the Florida Pulp and Paper Association fought to derail the ruling, arguing that setting limits would be too costly. In Guest's view, however, the cost to Florida's tourist trade from polluted waterways and beaches outweighs the cost of reducing pollution discharges.
"I don't think Floridians think paying a few extra dollars a month for treating their sewage is a bad investment if what they're getting is safe drinking water, a place they can safely swim with their kids, and a place where they can go to the beach and not choke on the red tide."
The judge has given the EPA until October, 2010 to establish the specific limits for pollution discharge. Guest says having quantifiable, numeric limits for water quality means they will be easier to enforce, so the decision will also benefit other states.