Numeric Nutrient Criteria in Florida – An Overview


By now, most environmental professionals and concerned residents may be familiar with the U.S. Environmental Protection Agency’s (“EPA”) and Florida Department of Environmental Protection’s (“FDEP”) numeric nutrient criteria (“NNC”) rulemaking initiatives in Florida. However, unless you have followed the NNC process almost daily, you may be confused as to where we are and how we got here. The NNC landscape is changing almost daily.

This article details the history of the NNC and updates the reader on recent events. The article discusses the history of the federal and state NNC, including the federal lawsuit that led up to the EPA promulgating the NNC, the FDEP state-level NNC rulemaking, and Florida’s legislative actions taking control of the NNC back from the EPA.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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