TMDL Challenge: Lake Okeechobee Tributaries 03/09/09

Apart from its ecological significance as the second largest lake in the United States, Lake Okeechobee is also the largest surface water drinking source in Florida and the headwaters to the Everglades. Today, as a consequence of constantly accumulating phosphorus and nitrogen pollution, Lake Okeechobee periodically develops extensive toxic algae blooms. This case follows a successful Florida law challenge to a nutrient limit proposed for the nine northern tributaries to Lake Okeechobee. In that case, the state agency proposed a nutrient limit for the tributaries far too high to maintain the federal and state standards for water quality. The evidence in that case indicated a much lower limit would be appropriate. In response to this decision, the Environmental Protection Agency (EPA) proposed such a limit. Major agricultural polluters then put pressure on EPA to sharply increase the phosphorus limit, and the state developed an elaborate formula which produced a nutrient limit for the tributaries at a level 70 percent higher than the level initially proposed by EPA. In mid-summer 2008, EPA finalized its rule and adopted the higher concentration limit for phosphorus. An unreasonably high phosphorus limit for the main tributaries to the lake will serve as a vehicle to legalize the pollution rather than bring it under control.

Earthjustice is suing on behalf of conservationists to compel the EPA to set more protective pollution limits.

Halting Phosphate Strip Mining in Pristine Wetlands of Central Florida 07/31/08

Phosphate strip mining has devastated the Upper Peace River Valley in Central Florida. Over a hundred thousand acres of wetlands and hundreds of miles of streams have been destroyed by mining activities. Now, Mosaic Phosphate Company, which owns over 300,000 acres of land that it hopes to mine, is attempting to expand into previously unmined areas farther down the Peace River Valley.  One of these mines is the 2367-acre Altman Tract which is located in the headwaters of one of the major tributaries of the Peace River. 

Phosphate strip mining results in the utter destruction of the local natural environment from ground surface to a depth of 50 feet.  Nevertheless, the Army Corps of Engineers has issued a permit that would allow Mosaic Phosphate to destroy almost 500 acres of high-quality wetlands on the theory that the damage to the wetlands is “temporary” because it is going to recreate wetlands that will function just as well (if not better) than the natural environment. It did so without even holding a public hearing that would have allowed local citizens to challenge the company’s claims. Earthjustice has sued to halt the mining of the Altman Tract until such time as the company conducts a public hearing and performs a valid Environmental Impact Statement that examines not just the effect of this mine, but the cumulative impacts of all past, present, and future phosphate mines in the entire Peace River watershed. 

Earrthjustice is representing conservation groups and local residents in this action.

Setting Sewage and Animal Waste Limits 07/17/08

The Clean Water Act puts pollution limits on lakes and streams to protect their uses for drinking water, shellfish, recreation, and fish and wildlife habitat. Lakes and streams are required to meet pollution concentration limits to protect those uses. However, the current standard used by most states only states "concentrations that cause an imbalance in natural flora or fauna" allows states and the polluters to claim that unnatural bacterial growths, wild uncontrolled algae mats or vegetative growths, or the loss of fish is due to other causes. In fact, they are caused by pollution from nitrogen and phosphorus which fertilize the water so that a panoply of undesirable growths take place. The sources of those pollutants are animal waste, effluent from sewage treatment plants, and fertilizer from farms and to a lesser extent from urban areas. Not having a measurable limit makes enforcement of the phosphorus and nitrogen limits almost impossible. The result has been a growing number of toxic algal outbreaks in lakes and dead zones in estuaries and in the Gulf of Mexico.  Drinking water sources are threatened, as are important ecosystems. 

Earthjustice is seeking to force the EPA to create effective water quality standards.

EPA Water Transfer Rule 06/27/08

In our Lake Okeechobee backpumping case, a federal district judge ruled in December 2006 that the South Florida Water Management District must comply with the Clean Water Act by obtaining permits for its discharges of polluted water into the lake.

In response to our court win, the EPA has issued an administrative rule that would grant an exception to the requirement for permits which would allow water transfers between heavily polluted waterways into pristine bodies of water, including drinking water supplies. This rule would not only effect Florida and Lake Okeechobee, but all waters nationwide. Water management districts throughout the nation could spread toxic algae blooms, introduce invasive species, chemicals, and other pollutants by these unregulated water transfers.

Earthjustice is challenging this rule.

Glades Power Plant 05/30/07

Florida Power & Light has proposed building a massive coal-fired power plant on the northwest shore of Lake Okeechobee, at the edge of the Florida Everglades. Coal-fired power plants are among the nation's largest sources of air pollution, and spew greenhouse gases such as carbon dioxide and nitrous oxide which can accelerate global warming. As a result of these and other polluting emissions, including mercury, the proposed Glades plant would also further degrade the Everglades, Lake Okeechobee, and local estuaries.

Earthjustice challenged the permits on behalf of several conservation groups. On June 5, 2007, the Florida Public Service Commission voted unanimously to reject the proposal.

Lake Okeechobee Pollution Limits 03/23/05

Lake Okeechobee in Florida is overloaded with fertilizer and animal waste from cattle and dairy farms as well as other sources. Existing restrictions are inadequate to the task of cleaning them up. Earthjustice successfully sued to make the authorities follow the law and clean up waterways tributary to the Lake.

Everglades: Agricultural Pollution 10/22/03

The legal battle to stop agricultural pollution the Everglades of south Florida has raged for years. Earthjustice has been in it from the beginning seeking to enforce the law and protect the Everglades.

Lake Okeechobee Backpumping, Florida 10/22/03

Millions of gallons of polluted water coming off of half a million acres of sugar cane fields and cities are pumped into Lake Okeechobee by the South Florida Water Management District. The discharge contaminates drinking water supplies and fertilizes toxic blue-green algae blooms. Earthjustice filed suit demanding the district obtain Clean Water Act permits for its discharges and comply with water quality standards in the lake. 

On December 11, 2006, a federal district judge in Miami ruled that the district must comply with the Clean Water Act. And on Jun 15, 2007, a federal court issued an injunction requiring the South Florida Water Management District to apply for pollution permits to engage in pumping dirty water into the lake.

As a result of our victory in court, one of the larger landowners near Lake Okeechobee, U.S. Sugar -- which farming operations resulted in polluted water being pumped back into Lake Okeechobee -- negotiated with the state of Florida to sell its 185,000 acres of lands and shut down the sugar growing and processing operations. With large-scale sugar processing phased out, once again the natural flow of water will return and help to restore the Everglades. 

Florida Irrigation: Farming Practices Destroying Trees 11/01/02

Tomato growers in Florida use so much irrigation water that it floods downstream lands and has killed thousands of acres of bottomland hardwoods. Earthjustice sued on behalf of a downstream nature center to force the farmers to contain their irrigation water.

In October 2008, Earthjustice won an appeal of this case. The Second District Court of Appeal in Lakeland decided that a trial court improperly dismissed the case on the theory that the water management district could not be required to stop the flooding.