On August 8, 2016, The Seminole Tribe of Florida ("Seminole Tribe") filed a challenge to a rule proposed by the Florida Department of Environmental Protection and approved for rulemaking by the Florida Environmental Regulation Commission. Specific portions of Rule 62-302.530, Florida Administrative Code, were challenged. These portions set human health-based water quality criteria for surface water bodies throughout the State of Florida. The Seminole Tribe contends those criteria constitute an invalid exercise of delegated legislative authority, and that the proposed rule does not set standards that recognize and protect human consumption of fish and other aquatic life at a subsistence level. It alleges that some of the standards adversely affect members of the Seminole Tribe's health and exercise of their traditional hunting, fishing, trapping, and frogging rights.
The City of Miami, Martin County, and Florida Pulp and Paper Association Environmental Affairs, Inc. (together with the Seminole Tribe, "Petitioners"), also filed challenges to the proposed rule, asserting both procedural rulemaking issues and substantive problems with the rule's water quality criteria. All related cases were consolidated. The Florida Department of Environmental Protection moved to dismiss the consolidated case, alleging that the challenges were untimely and that Petitioners lacked standing. DOAH entered an order dismissing the case. Recently, both the First and Third District Courts of Appeal overturned the dismissals and remanded the case to DOAH for further proceedings. Because a stay was not entered during the pendency of the appeals, the challenged rule went into effect on November 17, 2016.
While Broward County has adopted its own water quality criteria that are broadly consistent with prior state standards, the challenged rule would lower certain water quality criteria. Consequently, our water quality is best protected by human health-based criteria that help establish adequate water quality for all Florida citizens. Intervention may be sought up until 20 days before the hearing date. No hearing date is currently set.
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