FOR IMMEDIATE RELEASE: Feb. 25, 2013
DEP STATEMENT REGARDING APPELLATE COURT RULING ON FLORIDA'S NUMERIC NUTRIENT CRITERIA
TALLAHASSEE – The Florida Department of Environmental Protection is pleased with
today’s decision by the First District Court of Appeal, which affirms
Administrative Law Judge Bram D. E. Canter's Final Order upholding DEP’s
numeric nutrient criteria rules.
Today’s ruling was in response to an appeal of the June 2012 order
by Judge Canter which upheld DEP’s rules in their entirety. The
petitioners had challenged whether DEP’s existing and
proposed nutrient rules were scientifically supported. The District Court of
Appeal per curiam affirmed Judge Canter’s order. The appellate court’s
affirmation follows the U.S. Environmental Protection Agency’s decision in
November to approve Florida’s numeric nutrient criteria.
These peer-reviewed rules have received the full support of the
Florida Legislature, members of the Cabinet, and the EPA, and now have
withstood two rounds of judicial scrutiny. Due to the efforts of staff at the
Department, and the support of Florida residents, the State of Florida has more
numeric nutrient criteria set for our waterways than any other State in the
These rules set limits on the amount of phosphorus and
nitrogen, also known as nutrients, allowed in Florida’s waters. DEP based these
rules on more than a decade of research and data collection, and designed them
to improve water quality, protect public health and preserve aquatic life in
No other state in the nation has even come close to adopting
complete nutrient standards that cover 100 percent of lakes, rivers, streams,
springs, and now 72 percent of its estuaries, as Florida has.
To view today's ruling, visit: http://www.dep.state.fl.us/secretary/files/per_curiam_affirmed.pdf
To view the Florida Division of Administrative Hearing cases (case nos.11-6137 and 12-157), visit http://www.doah.state.fl.us/ALJ/
If you have any questions or need
additional information, please call the DEP Press Office at (850) 245-2112.