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 OF 

EXTENSION OF 

LISA P. JACKSON, Administrator of the CONSENT DECREE

United States Environmental Protection DEADLINES 

Agency; and the UNITED STATES 

ENVIRONMENTAL PROTECTION 

AGENCY, 

Defendants.

 /

WHEREAS, the Consent Decree entered in this matter sets a schedule for

EPA to take certain actions regarding the development of numeric nutrient criteria

for Florida waters unless the State of Florida adopts such criteria and EPA

approves the State-adopted criteria first. ECF No. 153 at ¶¶ 4-11.

WHEREAS, pursuant to the Consent Decree, on November 14, 2010, the

Administrator signed for publication a final rule setting numeric nutrient criteria

for flowing waters (other than in the South Florida region), lakes, and springs in

Florida (“the Phase I rulemaking”). 

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WHEREAS, the Phase I rule was the subject of a number of civil complaints

filed pursuant to the Administrative Procedure Act and subsequently consolidated

by this Court for case management purposes. ECF No. ECF No. 216 at 3.

WHEREAS, on February 18, 2012, this Court issued an Order on the merits

of motions for summary judgment in consolidated challenges to the Phase I rule. 

ECF No. 351. In the February 18, 2012 Order, the Court concluded that the

stream criteria and default downstream protection values for unimpaired lakes

promulgated by EPA are invalid. The Court directed the Administrator, by May

21, 2012, to (1) sign for publication proposed criteria or final criteria for Florida 

inland flowing waters (i.e., streams) outside the South Florida region, and (2) sign

for publication proposed or final downstream protection values for unimpaired

lakes (unless by that date the Administrator has filed a notice that she has decided

not to propose or adopt such criteria). 

WHEREAS, under the Court’s Order of March 2, 2012 extending the

Consent Decree deadlines with respect to Phase II rulemaking (ECF No. 359), the

deadline for the Administrator to sign for publication proposed numeric nutrient

criteria for Florida’s estuaries, coastal waters, and inland flowing waters in South

Florida (Phase II) is May 21, 2012. 

WHEREAS, EPA has been working to meet the May 21, 2012 deadline for

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the proposal of the numeric nutrient criteria described above, but has determined

that it is necessary to ask for an extension of the deadline. 

WHEREAS, counsel for Plaintiffs and EPA have conferred as to an

extension, and Plaintiffs have agreed to an extension of the May 21, 2012 deadline

until and including June 4, 2012, for the proposal of numeric nutrient criteria for

both Phase I and Phase II rules (streams, downstream protection values for

unimpaired lakes, and coastal and estuarine waters). 

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

that:

The deadline of May 21, 2012 for the Administrator to: (1) sign for

publication proposed criteria or final criteria for inland flowing waters outside the

South Florida region, and (2) sign for publication proposed or final downstream

protection values for unimpaired lakes, and (3) to sign for publication proposed

criteria for coastal, estuarine, and inland flowing waters in the South Florida region

shall be extended to and including June 4, 2012. 

RESPECTFULLY SUBMITTED this 15th day of May, 2012.

 /s/ David G. Guest 

DAVID G. GUEST

MONICA K. REIMER

111 South Martin Luther King Blvd.

P.O. Box 1329

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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

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CERTIFICATE OF SERVICE

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

foregoing to be electronically filed on May 15, 2012. 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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