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Volume 14, Issue 1                                                                                             January  2012 

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In This Issue
Key West Loses Appeal
EPA Stormwater Rules Delayed
Los Angeles vs. NRDC
NNC Update
Attention Members! Get the Most of Your Membership!
2012 Excellence Awards
FSAEF Scholarship Award
Post-Session Webinar

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Key West Loses SWU Appeal

Florida's Third District Court of Appeal has ruled against the City of Key West, rejecting its stormwater utility fee as applied to a community college.  The Court's opinion found that the community college received no benefit from the City's stormwater system or fee (a matter of disputed fact not resolved at the trial court level) and that there was not an implicit (nor explicit) waiver of sovereign immunity by the state concerning stormwater utility fees.  Since the fees had been paid under protest by the College, the Court ordered Key West to refund fees paid under protest.
 

Key West will appeal the decision to the Florida Supreme Court.  The Florida Stormwater Association had filed an amicus curiae ("Friend of the Court") brief in support of the City at the District Court level and will file a similar brief with the Supreme Court.

EPA Stormwater Regulations Delayed Again

The release of US EPA's proposed revisions to national stormwater regulations on post-construction are delayed again - this time until May 2012.  A draft of the regulations were due to be released last year but has been delayed several times.  The rule is being prepared under the terms of a 2010 settlement concerning stormwater pollution in the Chesapeake Bay.  Concerns from many sectors and some members of Congress over the proposal's impacts and whether EPA had the power to enact such regulations without further authorization from Congress have resulted in the delays.

Los Angeles County vs. NRDC
The US Supreme Court has asked the US Solicitor General to submit comments to the Court on the Los Angeles County's petition concerning its MS4 permit.  The County had petitioned the Court to hear its appeal of a decision of the Ninth Circuit Court of Appeals which found that the primary permit holder (Los Angeles County) was responsible for reducing pollutant levels leaving its system and flowing into waters of the US, even though the County had no control over much of the pollutants entering its system.  The Ninth Circuit's decision also ignored the Clean Water Act's provision that MS4 permittees comply with permit conditions to "MEP" or the maximum extent practicable.  FSA had filed a "Friend of the Court" brief in support of Los Angeles' petition.

The Solicitor General is the primary lawyer representing the federal government in court.  The fact that the Supreme Court asked the Solicitor General for comments indicates that the Court understands the significance of the Los Angeles case and is giving serious consideration to the County's request.  FSA's brief was filed, in part, to demonstrate the national significance of the case to the Court. 

Numeric Nutrient Criteria Update

At the state level, legislation ratifying FDEP's version of the numeric nutrient criteria as approved by the Florida Environmental Regulation Commission (ERC) are moving quickly through both houses of the Florida Legislature.  A hearing on an administrative challenge to the rules by several environmental organizations is set for late February; FSA has intervened in that proceeding in support of FDEP.  After ratification by the Legislature, US EPA must still approve the new criteria.

Get the Most Out of Your Membership!

If you receive this newsletter you are a member of FSA.  Are you taking advantage of all your member benefits?  To help you do just that, we are highlighting a member benefit in every newsletter!

 

Stormwater Event Calendar - Did you know that FSA is starting a stormwater Community Calendar and you have access to add your stormwater events to the FSA website calendar? It's easy!  To suggest an event, click the "Calendar" button in the upper right-hand corner of the FSA homepage. Scroll to the bottom of the page and you will see a "Suggest Entry" link.  Click the link and a new window will open for you to submit the event.  All events must occur in Florida and be specific to the stormwater industry.

Nominations Due February 24, 2012!
FSA 2012 Excellence Awards  

Each year FSA's Excellence Awards program recognizes stormwater programs or projects that have demonstrated innovative accomplishments and have shown an outstanding commitment to best practices in stormwater management that benefit the environment and local citizenry.  Award recipients are selected through a highly competitive, peer-review process.  The deadline to submit nomination forms for the 2012 Awards is February 24, 2012.

FSA Educational Foundation's  
2012 Scholarship Award

The application period for the Florida Stormwater Association Educational Foundation's 2012 Scholarship Award has now been opened.  The FSAEF scholarship provides financial assistance to Florida graduate students whose areas of study include stormwater science and engineering, management or finance.  The typical applicant has a student a department of engineering, biology or public administration.  The application deadline is August 10, 2012.  Please help us spread the word about this unique scholarship opportunity by sharing this information with students or professors that you may know! 

Post-Session Webinar on Legislative Actions

Mark your calendars for March 15, 2012, when FSA will hold a webinar summarizing what the Legislature considered, rejected or passed during the 2012 Session.  The one-hour webinar will be held Thursday, March 15th beginning at 10:30 AM.  Watch for more information on the webinar and the registration process.

 

Sponsorship opportunities are available for this webinar!  Contact FSA for more information.

We appreciate your feedback!  Please don't hesitate to contact us if there's anything we can do to help.
 
Sincerely,
Florida Stormwater Association
Toll-free Phone: 888-221-3124