FSC Update On Lawsuit

The Florida Springs Council has sent the following update on the lawsuit to make the DEP do its job.

Comments by OSFR historian Jim Tatum.
jim.tatum@oursantaferiver.org
– A river is like a life: once taken,
it cannot be brought back © Jim Tatum

Following a Florida Springs Council lawsuit, FDEP has finally proposed a “Springs Harm Rule” for adoption, an important and necessary step towards the agency actually adopting rules that protect Outstanding Florida Springs from harmful water use permits.

REMINDER OF WHAT’S AT STAKE

In a perfect world FDEP would have adopted rules to put an end to water withdrawals that are harmful to Outstanding Florida Springs when the Florida Legislature mandated the agency to do so in 2016. Instead Floridians have gotten nothing but nearly 9 years of inaction while springs suffered.

FSC, represented by the Jacobs Public Interest Law Clinic for Democracy and the Environment, filed a lawsuit last month to force FDEP to follow the law, and this morning we received an update:

THE UPDATE IS GOOD NEWS – Today was the deadline for FDEP to reply to the alternative writ of mandamus issued by the Hernando County Circuit Court. The publication of the proposed rule moves us a step closer to our ultimate goal, forcing FDEP to follow the law by adopting rules that prevent water use permits that harm Outstanding Florida Springs.

Hopefully, we are now nearing the end of a frustrating cycle that has gone on for far too long. FDEP’s strategy over the last 8 years of publishing weak draft rules only to withdraw them has kept us stuck in limbo—unable to take meaningful legal action because there’s no final rule to challenge.

IT’S NOT OVER – Proposing the rule does not fulfill the law. Now, FDEP must actually adopt rules that prevent harmful water user permits to fulfill the requirements of law.

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WHAT NOW? FSC is reviewing the text of the proposed rule. We intend to request a public hearing with FDEP, which if granted will be held on January 6th, in Tallahassee, to provide comments on the proposed rule.

We will keep you posted with updates on the public hearing and the next steps in the legal fight to protect Florida’s springs.

WHAT NOW? FSC is reviewing the text of the proposed rule. We intend to request a public hearing with FDEP, which if granted will be held on January 6th, in Tallahassee, to provide comments on the proposed rule.

We will keep you posted with updates on the public hearing and the next steps in the legal fight to protect Florida’s springs.

Springs advocates at FSC’s rally ahead of DEP’s workshop on the springs harm rule in Apopka, FL, on Sept. 12.  

🤝 SUPPORT THE SPRINGS LEGAL FUND

FSC can only go to court and carry out this work to defend our springs because of the generous support of our donors. Please consider making a monthly donation to the Florida Springs Council’s legal fund to allow us to continue litigating for the protection and restoration of Florida’s springs.

DONATE MONTHLY TO THE SPRINGS LEGAL FUND   DONOR ADVISED FUNDS and QUALIFIED CHARITABLE DISTRIBUTIONS If you prefer to assist our efforts by recommending a grant through your donor advised fund or IRA directly through your financial institution, use the following information: TAX ID: 81-2889063 PO Box 358191 Gainesville, FL 32635 🏛️ BACKGROUND In 2016, Governor Rick Scott signed the Florida Springs and Aquifer Protection Action into law (SB 552), which says that FDEP must “adopt uniform rules for issuing permits which prevent groundwater withdrawals that are harmful” to Outstanding Florida Springs and adopt a uniform definition of the term “harmful to the water resources.” From 2017 to 2021, FDEP ignored the law and the degradation of our springs. In 2022, FDEP finally published a draft rule, but it was essentially the same as the rules already in place before SB 552 was signed into law. For the last two years, FDEP has continued this cycle of publishing an invalid draft rule, and then withdrawing the rule after advocates pressured them to do better. Over 100 advocates showed up at FDEP’s workshops in both Gainesville and Apopka to tell FDEP to follow the law; Over 2,480 emails have been sent to FDEP through our system telling them to adopt the Florida Springs Council’s more protective rule. FDEP has not listened to the public. FDEP’s refusal to follow the law has caused untold damage to Florida’s springs, spring-fed rivers and the aquifer. Many Florida springs are below their established Minimum Flows and Levels, the limit set by the State at which further withdrawals would be significantly harmful to the water resources or ecology of the area. While DEP continues to play games, spring flow continues to decline and pollution continues to increase. 💦 DIVE DEEPER Head to our website to learn more about this issue: https://www.floridaspringscouncil.org/springsharmrule Read more on the lawsuit’s background at Florida Springs Council sues FDEP — again by Molly Duerig of Central Florida Public Radio: https://www.cfpublic.org/environment/2024-11-21/florida-springs-council-sues-fdep-again Thank you for your support, Ryan Smart Executive Director Florida Springs Council Copyright (C) 2024 Florida Springs Council. All rights reserved. You are receiving this email because you signed up to receive updates from the Florida Springs Council. Our mailing address is: Florida Springs Council PO Box 358191 Gainesville, FL 32635 USA Want to change how you receive these emails? You can update your preferences or unsubscribe