TALLAHASSEE A second federal lawsuit has been filed by three conservation groups in Florida regarding poor water quality and the subsequent catastrophic manatee mortality.
Tuesday’s lawsuit was filed by the Center for Biological Diversity, Defenders of Wildlife, Save the Manatee Club and the Defenders of Wildlife in Orlando federal court. These groups want the U.S. Environmental Protection Agency (USEPA) to re-engage with them in negotiations. Fish and Wildlife Service and National Marine Fisheries Service on water quality in Indian River Lagoon. This area has been the scene of many manatee deaths in 2021 and in this year.
The lawsuit also claims that sea turtles are being affected by water degradation. It alleges that 2009 water-quality standards are not being properly followed or enforced. The lawsuit cites uncontrolled pollution in the Indian River Lagoon, including wastewater-treatment discharges, leaky septic systems and fertilizer runoff, that has resulted in the death of thousands of acres of seagrass that manatees rely on for their food.
The federal Clean Water Act required that the Florida Department of Environmental Protection set daily maximum nitrogen and phosphorus loads. The levels were set to preserve the natural balance between fauna and flora in the lagoon, without affecting manatees and other wildlife. In 2013, the EPA approved the state levels.
New information shows that the TMDLs fail tack on contributions from historical polluting sources, underestimate contributions by septic system and don’t account for climate change. The lawsuit was filed in the name of attorneys from Earthjustice, an environmental-law organization.
This failure will harm manatees, loggerhead and green sea turtles, loggerhead and other ESA listed species. It will also reduce plaintiffs members’ opportunities to see and enjoy them in their natural habitats.
After an average of 625 deaths over the previous five years, Florida’s manatee deaths jumped to 1,101 in 2013. The state had already reported 537 deaths by April 29th.
Many of the manatee deaths in 2021 and this years were caused by starving manatees due to a shortage of seagrass. In the six years prior, 112 manatee deaths per year have been caused by watercraft, with 103 of these occurring in 2021.
The U.S. Fish and Wildlife Conservation Commission and state Fish and Wildlife Conservation Commission. Fish and Wildlife Services provided more than 250,000 pounds of lettuce to starving manatees as part of their efforts to make up for the loss.
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The unprecedented feeding program ran from Dec. 14 to March 31, mostly around Florida Power & Lights Cape Canaveral Clean Energy Center, where manatees congregate in the winter seeking warm water.
The lawsuit also claims that the EPA rejected an Aug. 10, 2020, request from the Fish and Wildlife Service to reopen discussions on water quality as required by the Endangered Species Act.
The three conservation groups filed a separate lawsuit against the Fish and Wildlife Service in Washington, D.C., claiming that the Fish and Wildlife Service had violated the Administrative Procedure Act and Endangered Species Act.
This lawsuit is currently pending. It alleged that the federal wildlife department did not act on a 2008 petition to revise the critical habitat designation for manatees. According to the lawsuit, such designations are crucial in ensuring the survival of endangered species like the Florida manatee and facilitating their recovery.
The Endangered Species Act has been modified by the Fish and Wildlife Service to change the manatees’ listing from endangered to threatened.
Jim Turner, News Service of Florida
