SPRINGS HARM RULE
LAWSUIT
FSC is suing to Protect Springs from
Over-Pumping
UPDATE December 10, 2024
In a perfect world FDEP would have adopted rules to put an end to water withdrawals that are harmful to Outstanding Florida Springs when the Florida Legislature mandated the agency to do so in 2016. Instead Floridians have gotten nothing but nearly 9 years of inaction while springs suffered.
FSC, represented by the Jacobs Public Interest Law Clinic for Democracy and the Environment, filed a lawsuit last month to force FDEP to follow the law, and this morning we received an update:
GOOD NEWS in the Springs Harm Rule Lawsuit -
FDEP has finally proposed a “Springs Harm Rule” for adoption. This is an important and necessary step towards the agency actually adopting rules that protect Outstanding Florida Springs from harmful water use permits.
December 10th 2024 was the deadline for FDEP to reply to the alternative writ of mandamus issued by the Hernando County Circuit Court. The publication of the proposed rule on December 10th moves us a step closer to our ultimate goal, forcing FDEP to follow the law by adopting rules that prevent water use permits that harm Outstanding Florida Springs.
Hopefully, we are now nearing the end of a frustrating cycle that has gone on for far too long. FDEP’s strategy over the last 8 years of publishing weak draft rules only to withdraw them has kept us stuck in limbo—unable to take meaningful legal action because there’s no final rule to challenge.
IT'S NOT OVER - Proposing the rule does not fulfill the law. Now, FDEP must actually adopt rules that prevent harmful water user permits to fulfill the requirements of law.
WHAT NOW? - FSC is reviewing the text of the proposed rule. We intend to request a public hearing with FDEP, which if granted will be held on January 6th, in Tallahassee, to provide comments on the proposed rule.
We will keep you posted with updates on the public hearing and the next steps in the legal fight to protect Florida’s springs.
WHAT IS THE "SPRINGS HARM RULE"
Senate Bill 552, passed in 2016, requires FDEP to “adopt uniform rules for issuing permits which prevent groundwater withdrawals that are harmful” to Outstanding Florida Springs
(what we refer to as the "springs harm rule").
Almost nine years later, FDEP still has not adopted a springs harm rule. DEP has delayed action and caused untold damage to Florida's springs, spring-fed rivers and the aquifer.
Many Florida springs are below their established Minimum Flows and Levels, the limit set by the State at which further withdrawals would be significantly harmful to the water resources or ecology of the area.
Nov 20, 2024 Virtual Press Conference
Our Springs are suffering, and we need the State Agency responsible for protecting them to step up and follow the law.
THE 2024 LAWSUIT
The Florida Springs Council filed a lawsuit to force FDEP to adopt a strong springs harm rule.
On November 6, 2024, the Florida Springs Council sued the Florida Department of Environmental Protection (FDEP) in Hernando County Circuit Court for unreasonably delaying the adoption of statutorily mandated rules to protect Outstanding Florida Springs from harmful water withdrawals. The complaint seeks to force FDEP to adopt “Springs Harm Rules” required by Florida law since 2016.
We're forcing DEP to FOLLOW THE LAW.
FSC's mission is to be a unified voice for the springs in the courts and in the Capitol. FSC's attorneys successfully defeated the Florida Department of Environmental Protection in Court in the past over the FDEP's failed Springs Basin Management Action Plans. FSC is determined to continue holding FDEP accountable to protect Florida's springs.
The Florida Springs Council is represented by Stetson Law School's Jacobs Public Interest Law Clinic for Democracy and the Environment. We appreciate Jaclyn Lopez, the Director of the Clinic, and Rachael Curran, Staff Attorney, as well as the Environmental Clinic students, for recognizing the importance of this issue and making this lawsuit possible. FSC is also thankful to receive help and support from Tampa attorney Matt Farmer.
Join the ranks of our most loyal Springs Defenders.
FSC has fought these legal battles before. And won.
With your help we'll keep fighting for Florida's springs & waterways. A monthly gift to the springs legal fund from you means reliable and steady financial footing when our team needs to act quickly.
If you feel you can make a greater impact with a one time gift or through your IRA or Donor Advised Fund, use the links below. Florida Springs Council's Tax ID is 81-2889063. PO Box 358191, Gainesville, FL 32635
BACKGROUND & TIMELINE
For the last eight years, our message to FDEP has remained the same: Follow the law and stop draining Florida's Springs. Our State Leaders have not listened.
In 2016, Governor Rick Scott signed the Florida Springs and Aquifer Protection Action into law, which says that FDEP must “adopt uniform rules for issuing permits which prevent groundwater withdrawals that are harmful” to Outstanding Florida Springs and adopt a uniform definition of the term “harmful to the water resources."
From 2014 to 2021, FDEP ignored the law.
In 2022, FDEP finally published a draft rule. It was essentially the same as the rules already adopted for all water bodies in 2014 (two years before SB 552 was signed into law.) FDEP withdrew the published rule after opposition from FSC, Sierra Club FL and Senator David Simmons, the co-sponsor and author of the 2016 law.
Springs advocates have been on a merry-go-round with FDEP ever since. FDEP publishes an invalid draft rule; Springs advocates pressure them to do better; FDEP withdraws the rule and comes back the next year to continue the cycle.
The public has taken notice.
In 2023, over 100 advocates showed up to FDEP's workshop on this issue in Gainesville, and over 850 emails were sent to FDEP, urging FDEP to adopt a strong rule.
In 2024, over 120 advocates showed up at our rally and FDEP's workshop in Apopka, and over 1,300 emails were sent to FDEP, again, demanding FDEP to adopt the Florida Springs Council's more protective draft rule.
Read more about this issue here: https://www.floridaspringscouncil.org/single-post/how-dep-ignores-the-law-to-help-nestle-and-other-water-users
The Florida Springs Council has been engaged in this fight since the organization was founded.
Going to court is a last resort, but we will do everything in our power to reverse the destruction of Florida's springs.
We are confident we can work together to hold the Florida Department of Environmental Protection accountable.
READ THE FLORIDA SPRINGS COUNCIL'S LETTERS TO FDEP
Click on the image below to read the letters FSC has sent to FDEP regarding the springs harm rule from 2019 to 2024:
WHAT WOULD A STRONG SPRINGS HARM RULE LOOK LIKE?
FSC worked with attorneys, scientists, and policy experts to draft a water use permitting harm rule that will actually protect Outstanding Florida Springs. It prioritizes the protection of Outstanding Florida Springs, relies on existing regulatory programs, and recognizes the relationship between water quantity and water quality.
Click on the image below to read our draft rule, which is attached to the appendix of our letter to FDEP:
DIVE DEEPER
We've been at this for eight years - Dive into FSC's work to protect Florida's Springs from Over-Pumping:
