UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

CASE NO. 4:08-cv-00324-RH-WCS

FLORIDA WILDLIFE FEDERATION, INC.;

et al.,

Plaintiffs,

vs. JOINT NOTICE TO THE 

COURT OF EXTENSION

LISA P. JACKSON, Administrator of the OF CONSENT DECREE

United States Environmental Protection DEADLINE 

Agency; and the UNITED STATES 

ENVIRONMENTAL PROTECTION 

AGENCY, 

Defendants.

 /

WHEREAS, the terms of agreement set forth in Paragraph 8 of the Consent Decree

entered on December 31, 2009 (ECF No. 153), as amended by the joint notice of extension of

deadlines (ECF No. 184), state that EPA shall, by November 14, 2011, sign for publication in the

Federal Register a notice of proposed rulemaking setting forth numeric water quality criteria for

coastal and estuarine waters in the State of Florida.

WHEREAS, the joint notice of extension of deadlines (ECF No. 184) states that EPA

shall, by November 14, 2011, also sign for publication in the Federal Register a notice of

proposed rulemaking setting forth numeric water quality criteria for flowing waters in the South

Florida Region of Florida.

WHEREAS, the terms of agreement set forth in Paragraph 10 of the Consent Decree

entered on December 31, 2009 (ECF No. 153), as amended by the joint notice of extension of

deadlines (ECF No. 184), state that EPA shall, by August 15, 2012, sign for publication in the

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Federal Register a notice of final rulemaking regarding the setting of numeric water quality

criteria in the State of Florida for coastal and estuarine waters, and flowing waters in the South

Florida Region.

WHEREAS, EPA has held several meetings in the State of Florida with the Florida

Department of Environmental Protection; the Tampa Bay, Charlotte Harbor, Sarasota Bay, and

Indian River Estuarine Programs (covering Pinellas, Hillsborough, Manatee, Sarasota, Charlotte,

Lee, Seminole, Brevard, and Orange Counties); and the South Florida and St. Johns River Water

Management Districts. During these meetings, EPA received valuable feedback on criteria

development from these local experts. These meetings resulted in the submission to EPA of new

information and data that EPA is considering as it prepares for proposal of the water quality

criteria referenced in the first and second paragraphs of this notice. 

WHEREAS, EPA is conducting additional analysis and review of the literature in

response to recommendations by the Scientific Advisory Board convened by EPA to review the

Agency’s methodology for deriving numeric nutrient criteria in Florida. 

WHEREAS, Paragraph 22 of the Consent Decree (ECF No. 153) provides that any

deadlines set forth in Paragraphs 4 though 11 may be extended by written agreement of the

Parties with notice to the Court.

NOW, THEREFORE, Plaintiffs and EPA agree and hereby notify the Court that:

The deadline of November 14, 2011 for EPA to sign for publication proposed numeric

nutrient criteria referenced in Paragraph 8 of the Consent Decree, as amended by the June 7,

2010 Joint Notice to the Court of Extension of Consent Decree Deadlines, shall be extended to

March 15, 2012. The deadline of August 15, 2012 for EPA to sign for publication the final

rulemaking referenced in Paragraph 10 of the Consent Decree, as amended by the June 7, 2010

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Joint Notice to the Court of Extension of Consent Decree Deadlines, shall be extended to

November 15, 2012.

RESPECTFULLY SUBMITTED this 30th day of September, 2011.

 /s/ David G. Guest 

DAVID G. GUEST

MONICA K. REIMER

111 South Martin Luther King Blvd.

P.O. Box 1329

Tallahassee, FL 32301

FOR PLAINTIFFS

PAMELA C. MARSH

United States Attorney

ROBERT D. STINSON

Florida Bar No. 319406

Assistant United States Attorney

111 North Adams Street, 4th Floor

Tallahassee, FL 32301

Tel: (850) 942-8430

IGNACIA S. MORENO

Assistant Attorney General

 /s/ Martha C. Mann 

MARTHA C. MANN

Florida Bar No 155950

martha.mann@usdoj.gov

U.S. Department of Justice

Environment and Natural Resources 

Division

Environmental Defense Section

P.O. Box 23986

Washington, D.C. 20026-2986

Telephone: (202) 514-2664

Facsimile: (202) 514-8865

FOR DEFENDANT EPA

Case 4:08-cv-00324-RH-WCS Document 306 Filed 09/30/11 Page 3 of 4
CERTIFICATE OF SERVICE

I HEREBY CERTIFY that I caused a true and correct copy of the foregoing to be

electronically filed on September 30, 2011. All registered counsel are to receive notice of the

filing via the Court’s electronic case filing system.

 /s/ Martha C. Mann 

MARTHA C. MANN

United States Department of Justice

Environment and Natural Resources

Division

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