UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF FLORIDA 

TALLAHASSEE DIVISION 

 

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

FLORIDA WILDLIFE FEDERATION, INC.; 

SIERRA CLUB, INC.; CONSERVANCY 

OF SOUTHWEST FLORIDA, INC.; 

ENVIRONMENTAL CONFEDERATION 

OF SOUTHWEST FLORIDA, INC.; AND 

ST. JOHNS RIVERKEEPER, INC. 

 

 Plaintiffs, 

v. 

 

LISA P. JACKSON, Administrator of the 

United States Environmental Protection 

Agency; and THE UNITED STATES 

ENVIRONMENTAL PROTECTION 

AGENCY, 

 Defendants. 

_______________________________________/ 

JOINT NOTICE TO THE COURT OF 

EXTENSION OF CONSENT DECREE DEADLINES

 WHEREAS, EPA and the Plaintiffs are committed to continue basing the development of 

numeric nutrient criteria for the State of Florida on best available science; 

 WHEREAS, EPA and the Plaintiffs agree that peer review by EPA’s Science Advisory 

Board of the underlying methodologies, analyses and data is important to confirm that the best 

available science is being appropriately used to support development of (1) numeric nutrient 

criteria for estuarine and coastal waters, (2) downstream protection values for estuarine waters 

(“DPVs”) and (3) numeric nutrient criteria for flowing waters with Class III designated uses in 

the South Florida region; 
 2

 WHEREAS, EPA and the Plaintiffs agree that this peer review should be conducted prior 

to proposing (or soliciting additional comment) on numeric nutrient criteria for the above waters; 

 WHEREAS, conducting a public peer review process by EPA’s Science Advisory Board 

for the above waters will require additional time beyond that anticipated by the Parties at the 

time signed the Consent Decree, an extension of deadlines in the Consent Decree for EPA to 

propose and/or take final rulemaking action on numeric nutrient criteria for the above waters is 

warranted; 

 WHEREAS, the Parties understand that canals are “flowing waters” within the meaning 

of the Consent Decree and that canals with Class I or III designated uses under Florida’s use 

classifications are subject to the obligation that EPA propose and take final rulemaking action on 

numeric nutrient criteria for “flowing waters” pursuant to Paragraphs 4 and 6 of the Consent 

Decree and that EPA considers canals as part of other flowing waters with Class I or III 

designated uses for purposes for developing numeric nutrient criteria; 

WHEREAS, EPA received data and public comments on its proposed numeric nutrient 

criteria for canals in the South Florida region (75 Fed. Reg. 4174, 4225 (January 26, 2010); 40 

C.F.R. 131.43(c)(4)), and EPA and the Plaintiffs agree that in light of those comments it would 

be useful to solicit additional public comment on criteria for all flowing waters in the South 

Florida region including canals;. 

WHEREAS, EPA and the Plaintiffs agree that EPA will take rulemaking action on 

numeric nutrient criteria for South Florida flowing waters (including canals) pursuant to the 

same deadlines that will apply for proposing and taking final rulemaking action on numeric 

nutrient criteria for estuarine and coastal waters in Paragraphs 8 and 10 of the Consent Decree; 
 WHEREAS, EPA received data and public comments on its proposed numeric nutrient 

criteria for protection of downstream estuarine waters (“DPVs”) (75 Fed. Reg. 4174, 4225 

(January 26, 2010); 40 C.F.R. 131.43(c)(2)(iii)) and EPA and the Plaintiffs agree that in light of 

those comments it would be useful to solicit additional public comment on such criteria; 

 WHEREAS, such criteria currently are subject to the deadlines in Paragraphs 8 and 10 of 

the Consent Decree, EPA and the Plaintiffs agree that EPA will solicit public comment on 

proposed DPVs and take final rulemaking action on such criteria in accordance with the 

operative deadlines in Paragraphs 8 and 10 of the Consent Decree; 

 WHEREAS, Paragraph 22 of the Consent Decree entered by this Court on December 30, 

2009 (Doc. #153), provides that any deadlines set forth in Paragraphs 4 through 11 may be 

extended by written agreement of the Parties with notice to the Court; 

NOW, THEREFORE, the Parties agree and hereby notify the Court that: 

 1. The deadline of January 14, 2011, in Paragraphs 8 and 9 of the Consent Decree shall 

be extended to November 14, 2011. 

 2. The deadline of October 15, 2011, in Paragraphs 10 and 11 of the Consent Decree 

shall be extended to August 15, 2012. 

 3. The deadline of October 15, 2010, in Paragraphs 6 and 7 of the Consent Decree shall 

be extended to August 15, 2012, but only to the extent those deadlines apply to EPA taking final 

rulemaking action on numeric nutrient criteria for flowing waters in the South Florida region. 

The deadline of October 15, 2010, in Paragraphs 6 and 7 remains in effect for EPA taking final 

rulemaking action on numeric nutrient criteria for lakes and all other flowing waters subject to 

Paragraphs 6 and 7. 

 RESPECTFULLY SUBMITTED this 7th day of June, 2010.
 /s/ Monica K. Reimer 

 DAVID G. GUEST 

 Fla. Bar No. 0267228 

 Monica K. Reimer 

 Fla. Bar No. 0090069 

 P.O. Box 1329 

 Tallahassee, Florida 32302-1329 

 Phone: (850) 681-0031 

 Facsimile: (850) 681-0020 

 COUNSEL FOR PLAINTIFFS

 

 /s/ Martha C. Mann 

MARTHA C. MANN 

Florida Bar No. 155950 

martha.mann@usdoj.gov 

United States Department of Justice 

Environmental and Natural Resources 

Division 

Environmental Defense Section 

P.O. Box 23986 

Washington, D.C. 20026-3986 

Phone: (202) 305-0897 

Facsimile: (202) 514-2664 

COUNSEL FOR DEFENDANTS

 
 5

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was filed with the 

Clerk of Court using CM/ECF on this 7th day of June, 2010. I also certify that the foregoing 

document is served on this day to the following Service List in the manner specified. 

Carol Forthman Winston K. Borkowski 

FDACS James Alves 

407 South Calhoun Street, Rm. 520 Hopping Green & Sams 

Tallahassee, Florida 32399 Post Office Box 6526 

CM/ECF Tallahassee, Florida 32314 

 CM/ECF

Robert Del Stinson 

U. S. Department of Justice Terry Cole 

111 North Adams Street, 4th Floor Oertel, Fernandez Cole & Bryant 

Tallahassee, Florida 32301 301 S. Bronough Street, Suite 100 

CM/ECF Post Office Box 1110 

 Tallahassee, Florida 32301-1110 

Keith Rizzardi CM/ECF

South Florida Water Management District 

3301 Gun Club Road, MSC 1410 

West Palm Beach, FL 33406 

CM/ECF

 

 /s/ Monica K. Reimer 

 Attorney