Last week, Judge Hinkle signed Orders granting motions filed by the Environmental Protection Agency (EPA) and the Florida Department of Environmental Protection (DEP) regarding the enforcement of numeric nutrient criteria in Florida. Specifically, the Orders:
1) extend for 30 days consent decree deadlines for the Administrator to publish final rulemaking for South Florida flowing waters, marine lakes, tidal waters, conveyance ditches, and downstream protection values;
2) Grant amicus status to DEP, and thus allow the DEP to file a brief in support of EPA’s motion to modify the consent decree.
3) Set the date of September 24, 2013 to consider EPA’s motion to modify the consent decree (and the Earth Justice motion to enforce the decree).