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.
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WHEREAS, the Consent Decree entered in this matter sets a schedule for EPA to take certain actions regarding th e 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”). Case 4:08-cv-00324-RH-WCS Document 388 Filed 05/15/12 Page 1 of 62 WHEREAS, the Phase I rule was the s ubject of a number of civil complaints filed pursuant to the Administrative Proce dure 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 consolid ated 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 Administrato r has filed a notice that she has decided not to propose or adopt such criteria). WHEREAS, under the Court’s Orde r 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 Case 4:08-cv-00324-RH-WCS Document 388 Filed 05/15/12 Page 2 of 63 the proposal of the numeric nutrient crite ria 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 criteri a 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 Case 4:08-cv-00324-RH-WCS Document 388 Filed 05/15/12 Page 3 of 64 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 388 Filed 05/15/12 Page 4 of 6CERTIFICATE 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 Case 4:08-cv-00324-RH-WCS Document 388 Filed 05/15/12 Page 5 of 6Case 4:08-cv-00324-RH-WCS Document 388 Filed 05/15/12 Page 6 of 6