A win in Florida waters

Environment groups celebrate court ruling that state springs protections are inadequate

Advocates for protecting Florida’s imperiled springs are celebrating a major victory with a court of appeal ruling this week that state rules are inadequate when it comes to keeping pollution out of aquifer waters that emerge at Wekiwa, Silver and hundreds of springs in the state.

A coalition of wildlife, environment and springs champions said Friday the court’s decision revealed the state’s springs strategy as protective of polluters and unable to revive and protect springs even if the state was entirely successful in its approach.

Most of the state’s iconic and popular springs are officially designated as sickened with trace but potent amounts of nutrient pollution chemicals from stormwater, sewage handling, septic tank systems and a variety of fertilizers, including those used for agriculture and landscaping.

“The ruling is a huge win for Florida’s springs and its manatees,” said Kim Dinkins, senior conservation associate for Save the Manatee Club. “We’re hopeful that this ruling will help turn the tide for springs before it’s too late.”

As the primary agency in charge of protection spring health, the Florida Department of Environmental Protection did not return a request for comment.

Springs such as Blue Spring in Volusia County are critical refuges for manatees. Springs also are major draws for state parks and for local economies based around tourism and recreation.

The ruling Wednesday by the Tallahassee-based First District Court of Appeal of the Panhandle addresses a legal fight that began in 2019 in a legal venue called a state administrative hearing, which is conducted under state rules much like a trial but without a jury.

In an exhaustive effort, springs advocates brought together lawyers, experts and volunteers to show that the Florida Department of Environmental Protection was flawed in numerous ways in its approach to “Basin Management Action Plans,” or written strategies for protecting springs from pollution.

From the administrative hearing, a judge ruled in favor of the Florida Department of Environmental Protection, but the coalition of springs defenders doubled down by filing an appeal with the state court system.

“The court’s ruling makes it crystal clear that FDEP’s current BMAP program is a failure,” said Michael McGrath, Sierra Club Florida lead organizer. “We can’t continue to throw taxpayer money at projects when it is stopping pollution at its source — regulation — that we desperately need.”

The four-year legal fight under the umbrella organization of the Florida Springs Council included the Sierra Club, Save the Manatee Club, Our Santa Fe River, Ichetucknee Alliance, Silver Springs Alliance, Friends of the Wekiva River and individual citizens Jim Tatum, Tom Greenhalgh and Paul Still.

“The issue is about accountability and transparency to the people and the legislature,” said John Thomas, lead attorney for the springs advocates. “To be effective and have any teeth, BMAPs have to show who’s causing the most pollution, where polluters or the state need to do more, and how much reduction is needed. That’s what the ruling requires.”

kspear@orlandosentinel.com