Federal Lawsuit Filed to Halt Florida's Toxic Algae Blooms

TALLAHASSEE, Florida, July 18, 2008 (ENS) - Today, five environmental groups filed a lawsuit to compel the federal government and the state of Florida to set numeric limits on the excess nutrients which trigger harmful blooms of blue-green algae.

Algae blooms are fouling Florida's beaches, lakes, rivers, and springs, threatening public health, and closing swimming areas. Last month, a water treatment plant serving 30,000 Florida residents was shut down after a toxic blue-green algae bloom on the Caloosahatchee River threatened the plant's source water supply.

The public interest law firm Earthjustice is representing the Florida Wildlife Federation, Conservancy of Southwest Florida, Environmental Confederation of Southwest Florida, St. John's Riverkeeper, and Sierra Club in the case filed in federal court for the Northern District of Florida.

The groups are suing the U.S. Environmental Protection Agency, challenging what they say is a decade-long delay by the state and federal governments in setting limits for nutrient pollution.

In 1998, the U.S. EPA determined that prompt development of numeric standards for the nutrients phosphorus and nitrogen by the state of Florida was necessary to meet the requirements of the Clean Water Act. The groups claim that EPA action is required to achieve sufficient protection of Florida’s waters because Florida has failed to develop these standards.

Whenever it rains, runoff from factory farms, fertilized landscapes, and agricultural operations pour fertilizer residue containing phosphorus and nitrogen as well as livestock waste into Florida's rivers and lakes. These contaminants are referred to as nutrients.

Blue-green algae on a Florida lake (Photo courtesy Florida DEP)

"As the old saying goes, this stuff tends to flow downhill. Unfortunately, national treasures like the Chesapeake Bay and the Gulf of Mexico are being overloaded," said Earthjustice attorney David Guest. "Measurable standards are the first step in restoring the quality of our nation's rivers, lakes and oceans."

The lawsuit has nationwide implications. Currently, Florida and most other states have only vague limits regulating nutrient pollution. Today's legal action seeks a court order requiring that the U.S. Environmental Protection Agency impose quantifiable - and enforceable - limits for those contaminates in Florida.

The EPA gave Florida a 2004 deadline to set limits for nutrient pollution, which the state disregarded. The EPA was then supposed to set limits itself, but failed to do so. EPA recently approved a plan that would have limits being "proposed" by 2011.

"Each time an extension is granted, it essentially guarantees these contaminants will continue to flow into our rivers, lakes, and oceans - endangering our wildlife and threatening our economy," said Manley Fuller, president of the Florida Wildlife Federation.

Blue-green algae - also known as cyanobacteria - produce "dermatoxins" that can create severe dermatitis and are known tumor promoters; "neurotoxins" which interfere with nerve cell function; and "hepatotoxins" which attack the liver. Exposure to blue-green algae toxins through ingestion, skin contact or inhalation can cause rashes, skin and eye irritation, allergic reactions, gastrointestinal upset, serious illness, and even death, the groups argue in their complaint.

Nutrient contamination is altering water bodies all over Florida, the plaintiff groups claim.

As Earthjustice notes in a letter it sent to the EPA, "Potentially toxigenic cyanobacteria have been found statewide, including river and stream systems such as the St. Johns River in the Northeast Region, the Caloosahatchee River in the Southwest Region, and the Peace and Kissimmee Rivers in the Central Region."

"In the Southeast Region, toxin levels in the St. Lucie River and estuary during an algae bloom in 2005 were 300 times above suggested drinking water limits and 60 times above suggested recreational limits," Earthjustice wrote. "Warning signs had to be posted by local health authorities warning visitors and residents not to come into contact with the water."

"Lake Okeechobee, which is categorized under state regulations as a drinking water source, is now subject to almost year-round blue-green algae blooms as a result of nutrient pollution," wrote Earthjustice.

Inland freshwater resources are also affected by pollution from agricultural runoff and other sources: half of the state's rivers and more than half of its lakes were found to have poor water quality in a 2006 report by the state Department of Environmental Protection.

The problem is compounded when nutrient-poisoned waters are used as drinking water sources. Disinfectants such as chlorine and chloramine can react with the dissolved organic compounds, contaminating drinking water with mutagenic chemical byproducts.

"This level of pollution is hard to believe in modern America," said Frank Jackalone of the Sierra Club.

Andrew McElwaine of the Conservancy of Southwest Florida said, "It is time for the federal government and Florida to step up to the plate and enforce clean water standards for the public. Citizens shouldn't have to resort to lawsuits to get the government to make sure they have clean water, but unfortunately, that's what we have to do today."

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