Springs Harm Rule Legal Challenge - Appeal Filed

On Aug. 13, FSC filed an appeal with the 1st District Court of Appeal to overturn the decision made by the Administrative Law Judge on the “Springs Harm Rule”—our legal challenge against FDEP’s weak water use permitting rules proposed for Outstanding Florida Springs. Our ongoing Springs Harm Rule litigation wouldn’t be possible without our fantastic legal team, including attorneys John Thomas, Doug MacLaughlin, and Matt Farmer.

Summary of Appeal

FDEP’s Rules are an unlawful end-run around the Legislature’s mandate in section 373.219(3), Florida Statutes, that FDEP adopt rules that prevent groundwater withdrawals from harming Outstanding Florida Springs. The new Outstanding Florida Springs permitting standard in 373.219(3), Florida Statutes, required FDEP to adopt new CUP rules that prevent harm specific to Outstanding Florida Springs. FDEP instead re-adopted existing rule language already applicable to all water bodies generally. As a matter of law, this Court should reverse the ALJ’s ruling upholding the Rules because: (1) the ALJ misinterpreted Supreme Court precedent that a judge need not make a threshold determination of statutory ambiguity before turning to available tools of statutory construction; and (2) the ALJ misinterpreted the statute’s plain language.

Background

Rules to prevent water withdrawals that harm Outstanding Florida Springs have been required by section 373.219(3), Florida Statutes, since 2016, yet for more than eight years a derelict FDEP ignored the law causing incredible harm to our springs and rivers. In November 2024, FSC filed a writ of mandamus against FDEP for unreasonably delaying the adoption of the Springs Harm Rules, prompting FDEP to finally propose them.

The rules that FDEP proposed this year were substantively identical to permitting rules that have been in effect since 2014. To hold FDEP accountable for following the law and protecting water bodies, not water users, FSC filed an administrative petition to invalidate FDEP’s proposed Springs Harm Rule for not meeting the clear requirements of Florida Statutes and the clear intent of the Florida Legislature.

In short, the proposed rules failed to do what the law requires: protect Outstanding Florida Springs from harmful water withdrawals.

Outcome ​at the Division of Administrative Hearings

The Administrative Law Judge sided with FDEP, finding that the proposed rules:

• did not need to be more protective than existing water use permitting rules

• did not need to comply with the requirements of the Florida Springs and Aquifer Protection Act

• did not need to prevent harm to Outstanding Florida Springs.

To reach this conclusion, the ALJ ignored recent Florida Supreme Court precedent, declining the use of settled tools and principles of statutory interpretation. Further, the ALJ erroneously concluded that a new law requiring rules that prevent harm to Outstanding Florida Springs could be implemented using the same rules that the Legislature demanded be replaced back in 2016. The legislature adopted the “harm” provision because it knew that existing rules had for years allowed significant harm.  Former State Senator David Simmons, the principal author of the legislation containing the new law, said it best during a committee hearing on the bill back in 2015:

“It is something that is a major, major step forward in the protection, preservation, and clean-up of our springs…What we are doing is we are putting together a new standard here, not something that has previously been done, but a new standard that defines what is going to control the issuance of the permits and it says we shall prevent water withdrawals which are harmful.”

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We’re coming up on 10 years since the Florida Legislature passed the Florida Springs and Aquifer Protection Act requiring FDEP to adopt rules that would protect Outstanding Florida Springs from harmful water withdrawals.

For over a decade, water management districts have continued to issue permits that cause harm to our water resources, and spring flow has continued to decline. Florida’s springs have suffered immensely.

The springs we cherish cannot survive another decade with meaningless rules in place that will not put an end to overpumping. From ineffective plans to clean up polluted springs to frivolous water use permitting rules, FDEP is failing our springs, rivers and aquifer. FDEP has a mandate to put politics aside, focus on the health of our springs, and adopt valid rules that will actually prevent harm to Outstanding Florida Springs.