Thursday, December 10, 2009

Nutrient Standards A Reality

As I wrote last month, there is an interesting piece of litigation going on down in Florida over whether the EPA is mandated to issue numerical limits for naturally occuring nutrients in waters covered by the Clean Water Act. Well, the Court approved the consent decree between the EPA and the plaintiffs, and the EPA will apparently be promulgating its first set of proposed numerical standards by January 15, 2010.

I have also been informed by sources close to the issue that the copy-cat litigation I speculated about last month may now be a reality. Apparently the Sierra Club, among others, has just issued a 60 day notice of intent to sue (which you can find here) on the same issue in Wisconsin. Similar lawsuits in other states are anticipated.


  1. What has been going on this process? Has the EPA been doing this all over the country or only in Florida? Also, I don't see how they can regulate the nutrient standards for waters as each watershed is different and has different receptors. What do you think?

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