JUDGE UPHOLDS EVERGLADES RULE
ON PHOSPHOROUS MEASUREMENT

Printed: Saturday, June 19, 2004
Written by: Coralie Carlson, Associated Press

MIAMI — An administrative law judge on Thursday upheld technical rules for how to measure phosphorous in the Everglades, a key part of overseeing the cleanup of the massive ecosystem required by a 1992 court agreement.

The rules — which spell out how much phosphorus is acceptable in the Everglades and how to measure it — must next be approved by the U.S. Environmental Protection Agency.

Judge David Maloney upheld the 215 page rule that was adopted last year by a state commission, rejecting challenges by Miccosukee Indians and an environmental group.

Coincidentally, the tribe sued the EPA in federal court Thursday, alleging the federal agency acted improperly when it failed to review Florida's 2003 Everglades Forever Act when it became law, said Dexter Lehtinen, attorney for the Miccosukees. The EPA decided to wait until the state had approved the rules needed to apply the law, he said.

The EPA did not return messages left after hours Thursday.

The rules upheld Thursday give key directions to carry out the $8.4 billion, 30-year restoration projects, including a provision that sets the acceptable amount of phosphorous in the Everglades at 10 parts per billion, about one-sixth of what it is in some bottled drinking waters. Phosphorous runs off of farms and out of suburban sprawl into the wetlands, choking off key parts of the food chain.

“Today’s ruling by the administrative law judge upholds the first numeric phosphorus water quality standard for the Everglades,” Gov. Jeb Bush said in a statement. “The stringent, science-based standard combined with the comprehensive cleanup plan already underway will restore water quality throughout the famed River of Grass.”

“There were parts we clearly disagreed with, but I think on balance it’s another step forward in trying to restore the Everglades,” said Robert Coker, senior vice president of public affairs for U.S. Sugar.

Despite initial objections to the rules, Audubon of Florida and several other environmental groups dropped their challenges in November after coming to an agreement with state environment officials, said Charles Lee, director of advocacy for Audubon of Florida.

The rules also determine how to account for variability in different parts of the Everglades and how to calculate for natural changes in measurements caused by taking readings at different times.