Nassau County Group

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FEDS AGREE - DEP POLLUTION LIMITS ARE FLAWED

EPA withdraws approval of state pollution limits for Lower St. Johns River

There's good news for our fisheries and the future health of the St. Johns River! After being sued in federal court by St. Johns Riverkeeper, Inc. and Linda Young, director of the Clean Water Network of Florida, Inc., the U.S. Environmental Protection Agency (EPA) has reversed its approval of a state rule that would legalize excessive amounts of pollution and allow unhealthy levels of oxygen in the lower St. Johns River.

In July, Jennifer Murphy of the Mid-Atlantic Environmental Law Center filed a motion for summary judgment in a lawsuit against the EPA on behalf of Riverkeeper and Linda Young. The suit alleged that EPA had approved a plan for the St. Johns that would not resolve pollution problems that have plagued the river for years - too many nutrients and too little oxygen. EPA responded by asking the Court to allow EPA to reconsider its earlier approval. The Court agreed to let EPA take a second shot at getting it right.

As a result, EPA has determined that their initial approval of the pollution reduction plan developed by the Florida Department of Environmental Protection (DEP) was a mistake and that Florida's plan for correcting low dissolved oxygen levels and reducing nutrient levels in the St. Johns would not adequately protect the health of the river.

"Citizens should not have to file lawsuits in federal court in order to get the basic protections that the law promises to us-healthy waters that maintain our fisheries," said Linda Young, a plaintiff in the lawsuit. "This victory is a giant step forward for the St. Johns River, but a small step forward for the rest of Florida's waters which may suffer the same treatment from DEP without more citizen lawsuits."

In recent months, the St. Johns River has suffered from unprecedented amounts of toxic algae and low dissolved oxygen that has caused some fish kills and resulted in a health alert that warned against human contact with the river. The Clean Water Act requires the state to correct pollution problems that are affecting our waterways, and the EPA is the agency responsible for approving the state's clean-up plans called TMDL's (Total Maximum Daily Loads). In the case of the lower St. Johns River, the DEP, using flawed science, developed a plan that would actually lead to an increase in nutrient pollution, and it would allow dissolved oxygen levels below those required for fish and other aquatic life. EPA initially approved the state plan, but after the legal challenge lead to a further review, the federal agency rejected the state's approach.

"We are relieved that the fraudulent DEP plan to allow more nutrient pollution and insufficient levels of oxygen in the St. Johns River has been rejected by the EPA," said Neil Armingeon, the Riverkeeper. "We made a promise two years ago to fight for meaningful nutrient reduction in the St. Johns River, and thanks to this ruling, we have been able to fulfill our commitment to the community and our river."

Copies of the EPA's remand determination are available from St. Johns Riverkeeper, http://www.stjohnsriverkeeper.org/


The East Coast Greenway Alliance TourThe East Coast Greenway Alliance Tour with hosts Dene Adams, Patrick Palmer, Melanie Adams, Eric Titcomb, Bob McGinness, Winifred Stephenson, Jeff and Teen Peterson (Monday morning, 10-25-04)

 

East Coast Greenway Alliance: On Sunday, October 24, a tour of 10 bicyclists from the East Coast Greenway Alliance stopped in Fernandina Beach overnight and for dinner. The group, founded in 1991, builds coalitions for a national off-road bicycle trail from Maine to Key West, Florida. The 2600 mile trail winds along the Eastern seaboard, passing through 15 states and Washington DC. The goal is to link cities and historical points of interest by supporting and partnering with local greenway efforts.

Members dedicated to the cause of sustainable tourism and healthy recreation raised $10,000 each for the privilege of pedaling into history. Members, male and female, came from as far away as Germany. None of the group who began the trip from Calais, Maine, on September 12, is under 50 years old. At least two of the members have been seriously injured in previous car-bicycle collisions. The oldest member, Jack Kurrle, 74, of Arizona, has recovered from a broken back, neck and hip. Often the first ready to go in the morning, Kurrle says, "When the trail is completed years from now, it will be a really amazing feeling to look back and think that I was a part of the first group to ride the whole thing from start to finish."

Perhaps the most noticeable couple, Anne and Mike Kruimer of New Jersey, ride a tandem bicycle especially modified to accommodate her paraplegia. The Kruimers ride for their 16 month old granddaughter, and all children of the upcoming generation. Anne Kruimer observed matter of factly, "Twelve years ago, I was injured in an accident where they are building an off-road bike trail. If the trail had been completed, I would have been on it and safe."

Mary Lou Tucker of the Yulee Historical Society attended the dinner. "We have the makings of a trailhead in Nassau County at John Muir Park in Yulee. We have about 3 acres, and would like to obtain old rail beds out to Callahan and the Boggy Creek area for an offroad bicycle trail."

Winifred Stephenson of Sierra Club and the St Marys River Management Committee and her husband Eric Titcomb hosted the dinner. "I would love to see a bike trail from Rt 17 in Yulee, to Callahan, to Hilliard and back to Rt 17 along the St Mary's River developed as an extension of the East Coast Greenway." The greenway is currently routed down Rt 17 to A1A , across the Talbot's to the St John's River Ferry and on to the beaches.

Talbot Island State Park has just broken ground on an off-road bicycle trail. The East Coast Greenway riders zoomed by the future trail on Monday, on their way through their final state.

Many thanks to Sierrans Bob McGinness, Teen and Jeff Peterson, Melanie Adams, her mother Dene Adams, and to Patrick Palmer, of BIKESMYTH Shop on 8th Street, for opening their homes to the touring bikers, and contributing to the potluck dinner. A wonderful time was had by all!

More information: http://www.greenway.org/, Florida support: http://www.floridabicycle.org/messenger/msgronl0104/winter047.htm article: http://www.csmonitor.com/2004/1006/p15s01-lign.html



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