FOR IMMEDIATE RELEASE

CONTACT: Linda Young 850/322-7978

June 15, 2007

Appeals Court Ruling Could Affect New Coal Plant Permits

http://www.cleanwaternetwork-fl.org/index.php?show=32

Environmental groups made new progress this week in their efforts to get Florida's polluted waters cleaned up. The Eleventh Circuit Court of Appeals in Atlanta once again ruled largely in favor of Sierra Club, Save Our Suwannee, Florida PIRG and Linda Young (Clean Water Network of Florida) regarding the EPA's approval of Florida's method of listing impaired waters.

The ruling requires some parts of the controversy to be remanded to the lower court (Northern District) for further litigation. The decision should require the Florida DEP to reconsider its upcoming hearing before the Environmental Regulation Commission where the agency will attempt to adopt the Impaired Waters Rule into Florida's water quality standards.

In short, the court ruled that:

(1) EPA and the state could not ignore at least 61 mercury-contaminated

water bodies for which they did not have sampling data that was less than 7.5 years old; and the court held, that the law requires them to look at "all" data and "states cannot shirk this responsibility simply by claiming a lack of current data";

(2) EPA and the state must include water bodies on the cleanup list when they have fish-tissue testing that shows mercury contamination in those waterways; and

(3) by questioning whether EPA/the state obeyed the law and really took into account the severity of pollution when it ranked a large number of mercury-contaminated water bodies as "low priority" for cleanup, and instructing the lower court to take a hard look at this issue.

The decision could have a major impact on several proposed coal-fired power plants that are seeking permits. Once DEP is required to put mercury-contaminated waters back on it's 303(d) list, it will then be prohibited by law to permit a new source of mercury pollution to waters that are already too contaminated with the toxic metal.

"Florida's waters are too important to our health, quality of life and our economy for DEP and EPA to continue ignoring the Clean Water Act," said Linda Young, director of the Clean Water Network of Florida and a plaintiff in the lawsuit. "Every time DEP comes up with a new trick to avoid putting polluted waters on the clean-up list, its cost Florida taxpayers dearly in dollars and time. Governor Crist needs to put his foot down and stop DEP's nonsense!"

To receive a full copy of the Court's decision, contact Linda Young.