By MEGGIE I. FOSTER
Associate Editor WASHINGTON, D.C. — The National Cattlemen’s Beef Assoc. (NCBA) and the Florida Cattlemen’s Assoc. (FCA) recently filed a lawsuit challenging the Environmental Protection Agency’s (EPA) rule that creates new water quality standards for lakes, rivers, streams and springs in the nation’s sunshine state.
“The EPA’s proposed Numeric Nutrient Criteria (NNC) will broadly classify waters throughout the State of Florida as impaired, force communities and agricultural operations to reduce nutrients regardless of demonstrated need, and unnecessarily exhaust the state’s critical economic resources,” wrote Adam Basford, of Florida Farm Bureau Federation (FFBF), in a statement to the EPA. Basford further explained that numeric nutrient criteria are quantitative water quality standards that only apply to the State of Florida. “The EPA’s proposed numeric nutrient criteria, in many instances, will produce a net environmental detriment by wasting energy and severely impacting local economies.”
According to NCBA Chief Environ-mental Counsel Tamara Thies, the NCBA and Florida cattlemen are asking the court to do two things.
“First, we ask the court to set aside and hold unlawful the letter and rule because they are arbitrary, capricious, go beyond EPA’s statutory authority and are in violation of the Administrative Procedures Act,” she explained.
“Secondly, we ask the court to set aside the letter and rule and stop EPA from further action on both due to the irreparable harm Florida agricultural producers will suffer if the agency’s actions are not stopped.”
Under the Clean Water Act (CWA), each state must develop water quality standards that relate to the designated uses the state chooses for its waters. In a review of its water quality standards, Florida determined on its own that numeric criteria would be appropriate. On Sept. 28, 2007, EPA approved Florida’s revised Numeric Nutrient Criteria Development Plan.
Environmentalists then sued EPA for failure to develop new water quality standards for Florida. EPA initially contested the argument. However, in a December 2008 memo, EPA staff caved to the environmentalists, laying the foundation for EPA to establish numeric nutrient criteria in Florida.
The State of Florida initiated the original rulemaking to adopt quantitative nutrient water quality standards and to provide a better means to protect state waters from the negative effects of nutrient over enrichment, according to the Florida Department of Environmental Protection. The addition of excess nutrients, often associated with human alterations to watersheds, can sometimes negatively impact water quality and interfere with designated uses of waters. For instance, excess phosphorous and nitrogen may cause noxious tastes and odors in drinking water, producing algal blooms and excessive aquatic weeds in swimming and boating waters.
Model for water basins Jim Strickland, FCA president and a cattle rancher from Myakka, Fla. spoke during an April 28 media conference call hosted by NCBA and said that EPA’s plan will likely serve as a model for other water basins across the country.
“There is no reason to believe that this is only a Florida or Florida agriculture issue. It touches every homeowner in the state. EPA has indicated that this rule in Florida will be a template for the rest of the country. I have no reason whatsoever to believe Florida is the only target,” said Strickland. “I believe if this rule isn’t stopped dead in its track, it will be a model for every water basin in the country, including the Mississippi River Basin, which is the lifeblood of rural America.”
Strickland said EPA’s plan is not just an attack on the cattle industry or rural America. He said the NNC rule will cause substantial financial damage to an already struggling economy. This rule is estimated by EPA to cost Florida approximately $113 million in implementation costs and roughly $35 million annually.
However, other experts predict this rule carries a much heftier price tag. A study conducted by the Florida Department of Agriculture and Consumer Services, the University of Florida and Soil and Water Engineering Technology concluded the economic impact could reach $3.1 billion in implementation costs and annual costs could top $974 million. The study predicts 15,000 ag jobs may be lost.
“This isn’t good for Florida. This isn’t good for America. We are not alone in our opposition to the NNC rule. Both Florida Attorney General Pam Bondi and Florida Agriculture Commissioner Adam Putnam and their predecessors have filed suit on behalf of the state of Florida,” said Strickland.
“Our elected leaders have been outspoken against this rule. Furthermore, just last week our own Department of Environmental Protection (FDEP) asked EPA to rescind this rule. EPA is overreaching with this mandate and their methodology is flawed. EPA has little to no regard for farmers and ranchers and obviously no respect for congressional intent.”
“All agriculture producers and citizens of the State of Florida should monitor this regulation closely,” stated Basford. “There is much concern with the pace at which EPA has agreed to set such specific standards. FDEP has been working towards numeric nutrient criteria for over a decade, and EPA has agreed to finalize statewide numeric criteria for fresh waters within ten months. It is imperative that any criteria established, is scientifically defensible. Good science takes time and cannot be rushed by litigation.”
In an effort to join the cause, Florida Farm Bureau is requesting that the EPA “seriously consider withdrawal of the proposed numeric nutrient criteria rule and allow the FDEP to develop scientifically defensible criteria.”
“By placing additional regulatory burdens on the citizens and business in the state, Florida will be at a competitive disadvantage with the rest of the country, where such standards do not exist,” Basford added.
The lawsuit was filed in the U.S. District Court for the Northern District of Florida in Tallahassee, Fla., taking the total count up to nine lawsuits currently with 25 parties now involved, according to Scott Shirley, an attorney with Shirley & Rudolph.
For up-to-date details, visit the FCA’s website at www.floridacattlemen.org |
