On February 25, 2013, the Florida First District Court of Appeal affirmed an administrative order upholding the Florida Department of Environmental Protection’s nutrient criteria rule. The court affirmed the order per curium (i.e., without an opinion).
The Environmental Committee of the Florida Electric Power Coordinating Group (FCG) and several other Florida local government and industry groups had intervened in support of the state nutrient criteria rule. Winston Borkowski and David Childs were counsel of record for the FCG.
“Today’s affirmation should remove any doubt as to the validity and effectiveness of Florida’s nutrient criteria rule,” said Childs. “Hopefully, this ruling brings us one step closer to the State implementing its own rule and EPA withdrawing its federal rule proposals.”