Environmentalists in Florida are threatening to sue the U.S. Environmental Protection Agency (EPA) over its alleged failure to require the state to enforce antidegradation rules in the Clean Water Act, a sign that that the activists will be shifting their focus from challenging the state rules to tightening the enforcement of existing EPA rules.  On March 6, 2013, the Florida Wildlife Federation (FWF) filed a 60-day notice of intent to sue EPA unless it reviews the state's application of antidegradation rules and acts to force Florida to create a complete inventory of ambient water quality data.   Without baseline information, FWF alleges, it is impossible for the state to show that it is applying its rules.

EPA rules require the agency to consider states' compliance with antidegradation rules as part of its biennial review of impaired-waters lists under section 303(d) of the CWA, although its policy is to allow states to implement nonbinding guidelines on how to enforce antidegradation requirements rather than binding regulation.  Environmentalists argue that EPA has not reviewed Florida's 303(d) list in years, and nonbinding guidelines make it nearly impossible to require the states to take action.