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Progress Toward Restoring the Everglades The Fourth Biennial Review, 2012 (2012) / Chapter Skim
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Appendix D: Timeline of Significant Legal Actions Related to Water Quality
Pages 223-230

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From page 223...
... Judge Gold holds evidentiary hearing 2010 (March 31) Judge Moreno adopts Special Master's Report from 2006*
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From page 224...
... The SWIM plan was to provide a roadmap for compli ance with water quality standards as well as restoration of hydroperiods. The EP Act also required Florida Department of Environmental Protection (FDEP)
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From page 225...
... This legislation, the Everglades Forever Act (EFA) , removed the requirement for adoption of a SWIM plan, modified timetables for achieving water quality standards, and required the state to adopt a numerical phosphorus standard.
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From page 226...
... In 2003 the Florida legislature amended the EFA to adopt the SFWMD Conceptual Plan, thereby extending the deadlines for compliance with water quality standards as provided in the Conceptual Plan. Once again, a Florida legislative change created inconsistencies between Florida state law and the federal court-approved Consent Decree.
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From page 227...
... Judge Gold, in a judgment order of the consolidated cases, determined that amendments to the EFA were new or revised water quality standards that EPA must approve or disapprove. With regards to the Phosphorous Rule, Judge Gold approved the numeric criterion for phosphorous but set aside EPA's approval of certain subsections of the Phosphorous Rule.
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From page 228...
... Judge Gold ordered EPA to issue an Amended Determination (discussed below at note 19) , prohibited FDEP from issuing further NPDES permits for STAs that discharge into, or within, the Everglades Protection Area until FDEP is in compliance with the CWA, and finally commanded EPA Administrator Lisa Jackson to personally appear before him to report on the status of the compliance with his Order (a decision later overturned by the 11th circuit)
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From page 229...
... , and therefore does not need legislative approval for issuance of COPs; that the district could create a nonprofit leasing corporation for the sole purpose of facilitating COPs transactions; that the district has authority to purchase land with the express purpose of conveying it to a local governmental entity; that the purchase option expenses do not serve a public purpose and therefore cannot be financed by COPs; and other factual findings regarding the payment for purchase options.
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From page 230...
... This will help achieve the goals presented in the EPA's Amended Determination.
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