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JUDGE
UPHOLDS EVERGLADES RULE
ON PHOSPHOROUS MEASUREMENT
Printed: Saturday, June 19, 2004
Written by: Coralie Carlson, Associated Press
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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.
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