by Lone Shark

Florida’s Waterways- the home of many freshwater political sharks 😉 and now, the next target of the Obama Administration’s Environmental Protection Agency (EPA).

You’ll do well to familiarize yourself with the term “numeric nutrient criteria” and read up on it, as you’re about to hear it tossed around a lot more often.

 

First, a little background on the genesis of this looming threat to Florida’s economy.  Back in July of 2008, a coalition of environmental groups got the ball rolling by suing the EPA for their alleged failure to perform a “non-discretionary duty” to set “numeric nutrient criteria” for Florida’s waterways as required by the Clean Water Act.  As a result of that litigation, the EPA entered into a consent decree with the environmental groups in 2009 where it agreed to an expedited timetable for promulgating numeric nutrient criteria for the state of Florida.  Subsequent to that consent decree, the EPA’s proposed numeric nutrient criteria for lakes and streams were issued in January 2010 and finalized last December.  Additional criteria for estuaries and coastal waters must be proposed by November 2011.

Taken together, these criteria for water quality have the intention to impede Florida’s economic growth and curtail our economic recovery- there’s no point in being coy about it.  The regulations come at the worst possible time during our very fragile economic recovery, and they will particularly affect farming and agricultural companies, municipal waste water utilities, and any industrial waste water dischargers.

Compliance with these very onerous regulations and the costs associated with them will likely cost billions of dollars to Florida businesses, and non-compliance with these regulations will invite costly litigation for those businesses from environmental groups.  Groups such as “Earth Justice” that have been involved in this push are much more preoccupied with curtailing economic development than they are with raising genuine environmental concerns.

That the Obama EPA is targeting high-growth Florida with these destructive regulations should be of little surprise, especially in the wake of the state’s increasing assertiveness against federal government mandates that encroach on Florida’s sovereignty. Don’t kid yourselves- the targeting of Florida by the EPA is no accident- it’s just another attempt by the destructive Obama administration to curtail the free market and business activity in the state, and its implementation here will be cited as a model for increased federal regulatory authority over other states that don’t currently have numeric nutrient criteria  regulations for water.

Check out the deceptive little head fake that EPA Administrator Lisa Jackson gave in a House Agriculture Committee Hearing last week testifying about this very matter:

Again, let me be clear: EPA is not working on any federal numeric nutrient limits. We will soon be releasing a framework memo to our regional offices that makes it clear that addressing nitrogen and phosphorus pollution – which is a major problem – is best addressed by the states, through numerous tools, including proven conservation practices.

Right, the EPA is not working on “Federal” numeric nutrient limits- in other words, a one-size fits all regulation that applies the same standards to all the states, they’re simply issuing a “framework memo” of de facto regulations to be implemented on a state by state basis- pretty deft, huh?  Separate lawsuits challenging these regulations were filed by the State of Florida and a wide array of industry groups, municipal associations and public utilities, and they’ve been subsequently consolidated into a federal case in the Northern District of Florida before Judge Robert L. Hinkle.

Is it really vital to our public health or quality of life that we adopt stricter standards to rid every one of Florida’s waterways from algal blooms caused by high concentrations of nutrients such phosphorus and nitrogen?  Phosphorus and nitrogen are produced from storm water runoff, municipal waste water treatment, fertilization of crops and livestock manure, and the much despised burning of fossil fuels and vehicular emissions- yes, it’s the normal everyday activity of modern life that causes this so-called “problem”. Also notice how the environmental groups, using highly dubious science, greatly exaggerate this “problem” by unequivocally asserting at every opportunity that phosphorus and nitrogen “poisons” our waters as they attempt to needlessly frighten the public.

It should be clear by now to all but the most obtuse that the Obama Administration are intentionally targeting business by use of regulations and its regulatory agencies- most notably the EPA and the Department of Interior- that directly increase the cost of energy and the cost of doing business, the costs of which will then be passed along to you and your fellow Floridians.

For more information about this issue and what you can do to push back, check out FreeMarketFlorida.org.