US District Judge Michael K. Moore said in this ruling "that the Corps had changed its rules about water quality standards on former croplands without proper public notice and hearing. The Corps argued that public notice was not necessary because the new rule is merely a policy statement and not a substantive rule change."
Nutrient standards, in the Everglades particularly, have been controversial recently "as two federal judges have ordered water managers and environmental officials to enforce nutrient standards and speed up the Everglades cleanup."
Under the Clean Water Act, "the Corps has jurisdiction over navigable waters, including wetlands. But, according to the current law, 'prior converted croplands' are exempt from the Corps' jurisdiction, because they were lawfully 'converted' prior to the enactment of the CWA. In January 2009, the Corps summarily announced that for the first time these lands that had changed to non-agricultural use would now be regulated by the Corps. No notice or comment period accompanied the announcement" according to Growing Produce.
To read the Palm Beach Post story, click here.
To read the Growing Produce story, click here.
Posted: 10/04/2010
