Maui Mayor Rejects Clean Water Act Settlement, Aims for Supreme Court Hearing
25 October 2019
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The Lahaina Wastewater Reclamation Facility is located near Kaanapali beach, on the west side of Maui. Falco Ermert / Flickr / CC BY 2.0
By Brett Walton
Defying a vote of the County Council, Maui Mayor Michael Victorino said on Oct.18 that he will not settle a Clean Water Act lawsuit that holds national implications for water pollution permitting.
<p>Instead of the <a href="https://mauicounty.legistar.com/View.ashx?M=F&ID=7709495&GUID=0174EF38-01B7-4BCC-9E3B-ED3672699E7F" target="_blank">settlement</a> that the council authorized last month, Victorino prefers to have the nation's highest court decide whether a wastewater treatment facility on the island requires a federal pollution permit for disposing its effluent. Currently injected underground, the nutrient-rich effluent eventually seeps into coastal waters where it has contributed to algal blooms around coral reefs.</p><p>The case is closely watched because it could determine whether pollution of groundwater that is connected to rivers, lakes and oceans is covered by the nation's primary water-protection law.</p><p>"There are strong opinions on both sides of this important issue," Victorino wrote <a href="https://www.circleofblue.org/wp-content/uploads/2019/10/VictorinoStatement101819.png" target="_blank">in a statement</a> that was posted online. "But leadership is not about making easy, popular decisions. I believe the best interests of our residents, our visitors, and the environment will be best served by having this case settled by the Supreme Court."</p><p>The politics within Maui County, however, are far from settled.</p><p>The council, believing that it has the power to authorize the settlement with the four conservation groups that brought the lawsuit, is preparing to vote on a resolution to ask a Hawaii state court to intervene. That vote will be taken on Oct. 29. If the resolution is approved, the state court will be asked to interpret the county charter to determine which branch — the mayor or the council — has authority to approve the settlement, David Raatz of the Maui County Office of Council Services told Circle of Blue.</p><p>Victorino's announcement and the council's potential counter move are the latest twists in a seven-year legal confrontation. The case centers around the Lahaina Wastewater Reclamation Facility, a wastewater treatment plant on the west side of Maui. The legal concept being tested is known as the conduit theory — whether a facility that discharges pollutants into groundwater that then flows to streams, lakes, or oceans requires a Clean Water Act permit.</p><p>If the concept is applied broadly to groundwater that is hydrologically linked to surface waters, it would expand the number of facilities that need federal pollution permits. Because of that, business and industry organizations such as the National Association of Home Builders, Chamber of Commerce, National Mining Association and American Petroleum Institute and municipal government groups like the National Association of Clean Water Agencies, City of New York, and National League of Cities filed briefs supporting Maui County.</p><p>During the Obama administration, the U.S. Environmental Protection Agency sided with the conservation groups. But the agency recently changed course under President Trump. In a non-binding <a href="https://www.epa.gov/sites/production/files/2019-04/documents/interpretive_statement_application_of_cwa_npdes_memo_-_signed.pdf" target="_blank">guidance document</a> released in April, agency officials interpreted the Clean Water Act to "exclude all releases of pollutants to groundwater" from water pollution permitting.</p><p>Federal appeals courts are split. The Ninth Circuit ruled that the Lahaina facility does need a permit, supporting the conduit theory. A similar case in the Fourth Circuit has also been appealed to the Supreme Court. But the Sixth Circuit, in a case involving disposal of coal waste, came to the opposite conclusion. It determined that a permit for a coal ash pond in Kentucky was not necessary.</p><p>The Maui County Council <a href="https://www.circleofblue.org/2019/world/clean-water-act-showdown-at-supreme-court-might-be-avoided-for-now/" target="_blank">voted 5 to 4</a> in September to settle the lawsuit brought by Hawaii Wildlife Fund, Sierra Club, Surfrider, and West Maui Preservation Association. The upcoming vote presents a higher bar for approval. A two-thirds vote of the council is required to forward the complaint to the state court, Raatz said. Accordingly, a council member who voted against the settlement would have to flip their vote next week for the measure to pass.</p><p>If the settlement is not approved, the U.S. Supreme Court is scheduled is hear oral arguments in the case on November 6.</p><p>In his statement, Victorino suggested that he made his decision based on economics and legal clarity.</p><p>"This issue must be clarified once and for all, not re-litigated endlessly at county taxpayers' expense," Victorino wrote.</p><p>When asked for additional information, Brian Perry, the mayor's spokesperson, referred to the statement.</p><p>The settlement addresses legal clarity, as well as other issues. The county agreed to seek a federal pollution permit for the facility, invest at least $2.5 million in projects that recycle wastewater in order to reduce reliance on injection wells, and pay a $100,000 fine. The plaintiffs agreed not to pursue additional penalties or legal action as long as the country is making a "good faith effort" to fulfill its obligations.</p><p>David Henkin is the Earthjustice attorney representing the plaintiffs. He said that the groups are prepared to make their case to the Supreme Court.</p><p>"It's unfortunate that the Mayor has chosen to side with the Trump Administration and the nation's worst polluters, rather than listen to the will of the people of Maui, who spoke out overwhelmingly in favor of settling the case and focusing on addressing the harm the Lahaina injection wells are inflicting on Maui's priceless coral reef every day," Henkin wrote in an email to Circle of Blue.</p><p><em>Brett writes about agriculture, energy, infrastructure, and the politics and economics of water in the United States. He also writes the <a href="https://www.circleofblue.org/water-tap/" target="_blank">Federal Water Tap</a>, Circle of Blue's weekly digest of U.S. government water news.</em></p><p><em>Reposted with permission from our media associate <a href="https://www.circleofblue.org/2019/world/maui-mayor-rejects-clean-water-act-settlement-aims-for-supreme-court-hearing/" target="_blank">Circle of Blue</a>.</em></p>
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A Lake Worth lifeguard wearing a protective mask asks a surfer to exit the ocean as Palm Beach County officials announced that all county beaches are closed due to red tide affecting coastal areas on October 4, 2018 in Lake Worth, Florida. Joe Raedle / Getty Images
The same red tide choking Florida's Gulf coast has spread to waters off Miami-Dade and Palm Beach counties, forcing the closure of many popular beaches on Thursday and leaving hundreds of dead fish in its wake, according to local reports.
This is the first time in decades the toxic algae has affected both of Florida's coasts at the same time, the Associated Press reported.
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"Florida's environment is now enduring a full-peninsula assault," Eve Samples wrote for
<a href="https://www.tcpalm.com/story/news/local/florida-voices/2018/10/04/florida-voters-sick-environment-literally/1498039002/" target="_blank">Treasure Coast Newspapers</a>, noting that it's only the eighth time since the 1950s that red tide has been documented on the East Coast of Florida.</p>
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<p style="">Several South Florida beaches reopened on Friday, the
<a href="http://www.sun-sentinel.com/news/florida/fl-ne-red-tide-thursday-20181004-story.html" target="_blank">The Sun Sentinel</a> reported, but noted that a new forecast said "moderate" red tide conditions can be expected in the area at least through Tuesday.<br></p><p>
The outbreak of the
<em>Karenia brevis</em> organism first appeared last fall and has become one of the state's longest-lasting red tides on record. It has devastated Florida's marine life all summer, killing countless crabs, eels, fish, dozens of <a href="https://www.huffingtonpost.com/entry/red-tide-algae-killing-florida-wildlife_us_5b61cb2be4b0b15aba9ee150" target="_blank">manatees</a> and hundreds of endangered <a href="https://www.ecowatch.com/red-tide-sea-turtles-dead-2590387089.html" target="_self">sea turtles</a>. The bloom has also been costly for the state's tourism industry and become a public health issue because it can irritate skin and cause respiratory problems.
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The bloom now stretches roughly 135 miles along Florida's southwest coast.
</p><p style="">
In August, Gov. Rick Scott issued an
<a href="https://www.ecowatch.com/florida-emergency-order-red-tide-2595877043.html">executive order</a> declaring a state of emergency in seven southwestern counties and offered $1.5 million in aid. On Thursday, Gov. Scott announced $3 million in grants to St. Lucie, Martin, Palm Beach, Broward and Miami-Dade counties to help mitigate the effects of red tide.
</p><p style="">
"In Florida, when presented with problems, we work together and face them head on—red tide is no different," he said in a
<a href="https://www.flgov.com/2018/10/04/gov-scott-dep-to-provide-3-million-for-red-tide-on-floridas-east-coast/" target="_blank">press release</a>. "So far, the state has provided more than $16 million to help minimize the impacts of harmful algal blooms and expand our research and understanding of red tide, including funding to help scientists test innovative solutions for this phenomenon. We will continue to work with our local partners to ensure that their needs are fully met until this year's red tide subsides."
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</p><div id="4d202" class="rm-shortcode" data-rm-shortcode-id="DIGBQC1576662119"><blockquote class="twitter-tweet twitter-custom-tweet" data-twitter-tweet-id="1048251564887040001" data-partner="rebelmouse"><div style="margin:1em 0">NOAA now posting respiratory illness forecast for east coast of #Florida in response to new red tide bloom. See lat… https://t.co/JZ662ssV3y</div> — NOAA's Ocean Service (@NOAA's Ocean Service)<a href="https://twitter.com/noaaocean/statuses/1048251564887040001">1538757623.0</a></blockquote></div>
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Red tides can appear naturally, however some blame the phenomenon from increased nutrient pollution from human activities.
</p><p style="">
At the same time, as
<a href="https://theconversation.com/what-is-causing-floridas-algae-crisis-5-questions-answered-101305" target="_blank">The Conversation</a> reported, a concurrent outbreak of blue-green algae, or cyanobacteria, has plagued downstream estuaries on both coasts. The bloom comes from discharges of polluted fresh water from Lake Okeechobee and polluted local runoff water from the St. Lucie and Caloosahatchee watersheds.
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<span></span>Gov. Scott, who has served for eight years, has faced a share of the blame for the state's red tide and blue-green algae outbreaks.
</p><p>
<span></span><a href="https://www.washingtonpost.com/energy-environment/2018/08/09/florida-an-environmental-crisis-takes-center-stage-tight-senate-race/?utm_term=.a62182654114" target="_blank">The Washington Post</a> reported in August:
</p><blockquote style="margin-left: 20px;">
During Scott's tenure, budgets for environmental agencies have been sharply reduced. The budget of the South Florida Water Management District, which oversees water issues from Orlando to Key West, was cut. Many of the more than 400 workers who lost their jobs in the $700 million cut were scientists and engineers whose jobs were to monitor pollution levels and algal blooms. Scott also abolished the Department of Community Affairs, which oversaw development in the state.
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Sen. Bill Nelson, who is battling Scott to keep his Senate seat, tweeted Friday: "The people of Florida know how Rick Scott's disastrous environmental policies have harmed our waters and devastated communities. Their voices are being heard loud and clear."
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Pointing the finger back, Scott has accused Nelson of failing to secure federal funds to fix the aging Lake Okeechobee dyke.
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</p><div id="7d131" class="rm-shortcode" data-rm-shortcode-id="PR5VKL1576662119"><blockquote class="twitter-tweet twitter-custom-tweet" data-twitter-tweet-id="1048223681045045254" data-partner="rebelmouse"><div style="margin:1em 0">The people of Florida know how Rick Scott's disastrous environmental policies have harmed our waters and devastated… https://t.co/GGvX8tfiOB</div> — Bill Nelson (@Bill Nelson)<a href="https://twitter.com/NelsonForSenate/statuses/1048223681045045254">1538750975.0</a></blockquote></div>
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Vladimirovic / iStock / Getty Images Plus
By Sarah Graddy and Robert Coleman
This summer, the Environmental Working Group (EWG) is tracking outbreaks of potentially toxic algae across the U.S. We have been startled to find that these outbreaks are erupting everywhere: from the East Coast to the West Coast, from the Great Lakes to the Gulf of Mexico.
<p>Though outbreaks of algae vary in type, severity and health hazards, all toxic algae outbreaks have serious consequences.</p><p><strong>They Make People Sick</strong></p><p>Every summer, people fall ill following exposure to algae outbreaks. Exposure can be caused by contact, ingestion or inhalation. Short-term health effects can range from skin irritation and numbness to fever and headaches. Long-term exposure can lead to cancer, liver failure and sperm damage. Some <a href="https://www.sciencedirect.com/science/article/pii/S2214750015300974" target="_blank">studies</a> have even linked ingestion of cyanotoxins to brain inflammation.</p><p>What is traditionally called blue-green algae is actually a class of microscopic organisms called cyanobacteria. Cyanobacteria can be toxic and can also produce various types of cyanotoxins that have different hazards. Here's a breakdown of the <a href="file:///C:/Users/robcoleman/Desktop/Desktop/v" target="_blank">various health risks</a> of each type of cyanotoxin.</p><p><strong>They Threaten Children's Health</strong></p><p>For children pumped to play in and around the water, lake or beach vacations can be ruined by water infested with slimy blue-green algae. With their small, developing bodies, children are especially endangered by algae exposure. </p><p>The Centers for Disease Control and Prevention found that in 2009-2010, 61 people in Ohio, New York and Washington got sick from toxic algae outbreaks in lakes, and two-thirds of them were children or teenagers. Children may be at a greater risk of illness from the toxins generated by toxic algae outbreaks because they more frequently come in contact with or ingest contaminated water.</p><p>Here are some <a href="https://www.ewg.org/childrenshealth/22055/headed-lake-summer-how-protect-your-kids-toxic-algal-blooms#.W5kl8v5KjSI" target="_blank">helpful tips</a> for parents looking to shield their children from algae exposure. Be sure to keep an eye on young children around potentially contaminated water and warn them about the exposure risks and telltale signs of outbreaks.</p><p><strong>They Poison Our Drinking Water</strong></p><p>In 2014, half a million people in and around Toledo, Ohio, <a href="https://www.ewg.org/toxicalgalblooms/" target="_blank">were told</a> not to drink their tap water—or even shower in it—for three days after bacteria from a massive algae outbreak in Lake Erie got into the water supply.</p><p>Toledo was the first major U.S. city where toxic algae outbreaks made tap water unsafe for human consumption. But it probably won't be the last, especially since the number of these outbreaks across the nation seems to be multiplying each year. Because algae outbreaks are so widespread and seem to be growing, they may be fouling tap water even in places where officials have not issued a do-not-drink warning.</p><p><strong>They Contaminate the Air We Breathe</strong></p><p><a href="https://phys.org/news/2018-01-algal-blooms-airborne.html" target="_blank">Recent studies</a> indicate that the toxins produced by some outbreaks can become airborne, where they can be inhaled by people in, on or near contaminated water.</p><p>Whether by sunbathing on the shore or taking a cruise on a boat, inhalation of contaminated water can cause coughing, wheezing, shortness of breath and other respiratory ailments.</p><p><strong>They Harm or Even Kill Pets</strong></p><p>There are many documented cases of dogs and other pets becoming seriously ill or even dying from the toxins from algae outbreaks. Splashing in or drinking contaminated water can be dangerous for pets. If you believe your pet may have been exposed, be on the lookout for symptoms such as lethargy, seizures, diarrhea or vomiting. Exposure to high levels of cyanotoxins can lead to liver failure and death.</p><p><strong>They Provide a Breeding Ground for Mosquitos</strong></p><p>Algae outbreaks thrive in still, warm water—and so do mosquitos. Recent news stories from Florida report that residents are concerned their homes near blue-green algae outbreaks are breeding grounds for mosquitos, which can carry dangerous diseases like <a href="http://www.floridahealth.gov/diseases-and-conditions/mosquito-borne-diseases/index.html" target="_blank">West Nile virus, encephalitis and malaria</a>.</p><p>Much is still unknown about the relationship between algae outbreaks and mosquitos, but it is still important to act in an abundance of caution. Check out <a href="https://www.ewg.org/research/ewgs-guide-bug-repellents" target="_blank">EWG's Guide to Bug Repellents</a> on tips on how to avoid mosquitos and other disease-carrying insects.</p><p><strong>They Worsen Climate Change</strong></p><p>Scientists have new evidence that algae outbreaks are <a href="https://insideclimatenews.org/news/15052018/algae-blooms-climate-change-methane-emissions-data-agriculture-nutrient-runoff-fertilizer-sewage-pollution-lake-erie" target="_blank">significant sources of greenhouse gases.</a> A <a href="https://aslopubs.onlinelibrary.wiley.com/doi/full/10.1002/lol2.10073" target="_blank">study</a> earlier this year found that as algae outbreaks decrease the level of oxygen in lakes and other bodies of water, carbon and methane emissions from decomposing plants rise exponentially. And as climate change gets worse, the resulting warmer waters are causing more algae outbreaks, creating a toxic feedback loop. </p><p><strong>They Devastate Ecosystems</strong></p><p>Dying algae consume oxygen in water, creating dead zones where nothing can survive, including microorganisms. The toxins in algae outbreaks can be ingested by small fish and shellfish. As those animals are consumed by larger aquatic creatures, they can cause large fish kills and die-offs of other animals.</p><p>The same emissions that contribute to climate change can also enter the water cycle as acid rain that damages forests and other ecosystems, and pollute the air we breathe.</p><p><strong>They Wreak Havoc on Economies</strong></p><p>Because people can be exposed to cyanotoxins just by being around contaminated water, algae outbreaks understandably scare away people from visiting affected lakes, rivers or beaches. Communities that struggle with regular, serious toxic algae outbreaks, like some cities in South Florida and around Lake Erie, can lose billions of dollars from lost tourism and recreation. </p>
From Your Site Articles
- Florida Gov. Scott Issues Emergency Order for Toxic Red Tide ›
- What Is Causing Florida's Algae Crisis? 5 Questions Answered ›
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Mom and baby West Indian manatees in Three Sisters Springs, Florida. James R.D. Scott / Getty Images
2018 has not been a good year for Florida's iconic manatees. A total of 540 sea cows have died in the last eight months, surpassing last year's total of 538 deaths, according to figures posted Monday by Public Employees for Environmental Responsibility (PEER).
The figure will likely climb higher before the year's end amid the state's ongoing toxic algae crisis. The red tide in the state's southwest is the known or suspected cause of death for 97 manatees as of Aug. 12, the Florida Fish & Wildlife Conservation Commission recently reported.
<p>
Combined with the winter cold spell, which claimed 69 manatees, more than 10 percent of the state's estimated manatee population of around 6,300 individuals could be wiped out this year, PEER noted. </p><p>
<span></span>The 540 reported deaths is also the second highest total in a decade. The <a href="https://www.ecowatch.com/2013-deadliest-year-on-record-for-manatees-1881848826.html" target="_blank">deadliest year on record</a> was 2013, when 830 Florida manatees perished. A third of those deaths were also linked to red tide.
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<img type="lazy-image" data-runner-src="https://assets.rebelmouse.io/eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJpbWFnZSI6Imh0dHBzOi8vYXNzZXRzLnJibC5tcy8xODMyNTMzOS9vcmlnaW4ucG5nIiwiZXhwaXJlc19hdCI6MTYwNjQ1NDkzMX0.f4wBlisLj9KmO1_lStjLXcuxTqDc5AE3ep3ODYrnj0o/img.png?width=980" id="7705d" class="rm-shortcode" data-rm-shortcode-id="c3731d77aa24b784a9b9defab551ad20" data-rm-shortcode-name="rebelmouse-image">
<small class="image-media media-photo-credit" placeholder="add photo credit...">PEER</small>
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Other threats to the gentle giants include blue-green <a href="https://www.ecowatch.com/tag/algal-blooms">algal blooms</a> along Florida's east coast as well as boat strikes, which resulted in 75 manatee deaths, according to
<a href="https://www.savethemanatee.org/news/oped/red-tide-watercraft-strikes-and-the-esa-under-attack-tough-year-for-the-florida-manatee/" target="_blank">Save the Manatee Club</a>.
</p><p style="">
"Florida's manatees have no defense against this ecological disaster," said PEER Executive Director Jeff Ruch in a statement, noting that red tides and algal blooms poison both manatees and their food supplies. "Florida's steadily declining water quality is a death warrant for the manatee."
</p><p style="">
<span></span>Red tide, which is caused by the Karenia brevis organism, is a natural phenomenon but some have blamed <a href="https://www.ecowatch.com/climate-change" target="_blank">climate change</a> for worsening the crisis, as well as mining and agricultural practices that can cause excess nutrients to flush into the waters.
</p><p style="">
In a
<a href="https://www.peer.org/news/news-releases/manatee-deaths-in-2018-already-top-last-year%E2%80%99s-high-toll.html" target="_blank">press release</a> Monday, PEER said it has documented a "precipitous decline in water pollution enforcement under <a href="https://www.ecowatch.com/tag/rick-scott">Governor Rick Scott</a>, as well as the massive amounts of phosphorus and other nutrients discharged daily both legally and illegally into Florida's waters."
</p><p>
"The increased duration, scale, and toxicity of red tide and algal bloom events should be an eco-wakeup call for Florida," Ruch added. "Governor Scott has
<a href="https://www.ecowatch.com/florida-emergency-order-red-tide-2595877043.html">declared a red tide emergency</a> but the role his own environmental policies have played in spawning this crisis deserves examination."
</p><p style="">
<span></span>Last year, the West Indian manatee was downlisted from "endangered" to "threatened" by the U.S. Fish and Wildlife Service (FWS). Conservationists felt that the downgrade came too soon.
</p><p style="">
"We believe this is a devastating blow to manatees," Patrick Rose, executive director of
<a href="https://www.savethemanatee.org/" target="_blank">Save the Manatee Club</a>, said in a <a href="https://www.savethemanatee.org/news/press-releases/highly-controversial-federal-action-puts-manatees-in-harms-way/" target="_blank">statement</a> then. "A federal reclassification at this time will seriously undermine the chances of securing the manatee's long-term survival. With the new federal administration threatening to cut 75 percent of regulations, including those that protect our wildlife and air and water quality, the move to downlist manatees can only be seen as a political one."
</p><p style="">
Save the Manatee Club said that FWS "failed to adequately consider data from 2010 to 2016, during which time manatees suffered from unprecedented mortality events linked to habitat pollution, dependence on artificial warm water sources, and record deaths from watercraft strikes."
</p><p>
Florida's deadly red tide started nine months ago and has become the state's longest on record since 2006. Besides manatees, the outbreak has killed scores of marine life, including countless crabs, eels and fish, hundreds of endangered
<a href="https://www.ecowatch.com/red-tide-sea-turtles-dead-2590387089.html" target="_blank">sea turtles</a>, <a href="https://www.washingtonpost.com/news/speaking-of-science/wp/2018/08/03/a-red-tide-ravaging-florida-may-have-killed-a-whale-shark-for-the-first-known-time/" target="_blank">potentially a whale shark</a> and <a href="https://www.wfla.com/news/sarasota-county/11th-deceased-dolphin-believed-to-be-first-local-victim-of-red-tide/1365484017" target="_blank">11 bottlenose dolphins</a>.
</p><p class="shortcode-media shortcode-media-twitter_embed">
</p><div id="03aff" class="rm-shortcode" data-rm-shortcode-id="XMO4K71576683805"><blockquote class="twitter-tweet twitter-custom-tweet" data-twitter-tweet-id="1029714874581114880" data-partner="rebelmouse"><div style="margin:1em 0">#Florida Gov. Scott Issues Emergency Order for Toxic #RedTide #algaebloom @flgovscott https://t.co/frBZ44nxGz</div> — EcoWatch (@EcoWatch)<a href="https://twitter.com/EcoWatch/statuses/1029714874581114880">1534338131.0</a></blockquote></div>
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From Your Site Articles
- What Is Causing Florida's Algae Crisis? 5 Questions Answered ›
- Florida Gov. Scott Issues Emergency Order for Toxic Red Tide ›
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Florida Gov. Rick Scott issued an executive order Monday declaring a state of emergency due to the ongoing impacts of red tide in seven southwestern counties.
The algae outbreak started nine months ago and has become the state's longest on record since 2006. The red tide has killed scores of marine life, including countless crabs, eels and fish, as well as dozens of manatees, hundreds of endangered sea turtles, potentially a whale shark and 11 bottlenose dolphins.
<p style="">
<span></span>The toxic bloom, which is caused by the Karenia brevis organism, has become a public health concern. Residents along the southwest coast have <a href="http://myfwc.com/redtidestatus" target="_blank">reported</a> respiratory problems due to winds picking up the aerosolized toxins. People can also become ill after consuming contaminated seafood.
</p><p style="">
Harmful algal blooms can cause about $82 million in economic losses to the seafood, restaurant and tourism industries according to
<a href="https://oceanservice.noaa.gov/facts/why_habs.html" target="_blank">NOAA</a>.
</p><p class="shortcode-media shortcode-media-rebelmouse-image">
<img type="lazy-image" data-runner-src="https://assets.rebelmouse.io/eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJpbWFnZSI6Imh0dHBzOi8vYXNzZXRzLnJibC5tcy8xODMwMTA4NS9vcmlnaW4uanBnIiwiZXhwaXJlc19hdCI6MTY0MTA0OTEwN30.9mFmjz5pshCy3XSFaGTM__Q96MzhPy4ia1GHS420dzo/img.jpg?width=980" id="e2a9c" class="rm-shortcode" data-rm-shortcode-id="521a8dc573c6f37fe94298eb1cfc4dab" data-rm-shortcode-name="rebelmouse-image">
<small class="image-media media-caption" placeholder="add caption...">Red Tide Status Map, August 10, 2018.</small><small class="image-media media-photo-credit" placeholder="add photo credit...">Florida Fish and Wildlife Conservation Commission</small>
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Scott's emergency was declared for Collier, Lee, Charlotte, Sarasota, Manatee, Hillsborough and Pinellas counties.
</p><p>
"I am issuing an emergency declaration to provide significant funding and resources to the communities experiencing red tide, so we can combat its terrible impacts," Scott said in a
<a href="https://www.flgov.com/2018/08/13/gov-scott-issues-emergency-order-for-red-tide/" target="_blank">news release</a>. "This includes making additional FWC (Florida Fish and Wildlife Conservation Commission) biologists and scientists available to assist in clean-up and animal rescue efforts."
</p><p style="">
The executive order will direct $1.5 million in funds to state agencies, including $100,000 for Mote Marine Laboratory and Aquarium to increase its response to red tide impacts, $900,000 for hard-hit Lee County's cleanup efforts and $500,000 for <a href="https://www.visitflorida.com/en-us.html" target="_blank">VISIT FLORIDA</a> to establish an emergency grant program to help the affected communities bring in tourists.
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</p><div id="f2fd2" class="rm-shortcode" data-rm-shortcode-id="WAT65U1576662123"><blockquote class="twitter-tweet twitter-custom-tweet" data-twitter-tweet-id="1029105487273504769" data-partner="rebelmouse"><div style="margin:1em 0">Today, I issued an emergency declaration to help SW FL and Tampa Bay area combat impacts from red tide. We’re direc… https://t.co/4JUdWz2EvA</div> — Rick Scott (@Rick Scott)<a href="https://twitter.com/SenRickScott/statuses/1029105487273504769">1534192842.0</a></blockquote></div>
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Red tide is a natural phenomenon but some have pointed fingers at
<a href="https://www.ecowatch.com/climate-change">climate change</a>, as well as mining and agricultural practices that can cause excess nutrients to flush into the waters.
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Gov. Scott, who has served for eight years, has also faced a share of the blame for the state's frequent red tide and blue-green algae outbreaks.
</p><p style="">
<a href="https://www.washingtonpost.com/energy-environment/2018/08/09/florida-an-environmental-crisis-takes-center-stage-tight-senate-race/?utm_term=.a62182654114" target="_blank">The Washington Post</a> reported last week: </p><blockquote>During Scott's tenure, budgets for environmental agencies have been sharply reduced. The budget of the South Florida Water Management District, which oversees water issues from Orlando to Key West, was cut. Many of the more than 400 workers who lost their jobs in the $700 million cut were scientists and engineers whose jobs were to monitor pollution levels and algal blooms. Scott also abolished the Department of Community Affairs, which oversaw development in the state.
</blockquote><p style="">
Scott, who is battling incumbent Sen. Bill Nelson for the U.S. Senate, has accused Nelson and the federal government for "allowing discharges of tainted water from Lake Okeechobee that have led to ugly, smelly and potentially dangerous algal blooms in places including the state's St. Lucie and Caloosahatchee rivers," the Post wrote.
</p><p>
"Washington politician Bill Nelson made a pledge 30 years ago to solve this problem," Scott's television
<a href="https://www.youtube.com/watch?v=kht2vAtfOkQ" target="_blank">ad</a> declares. "But Nelson's a talker, not a doer."
</p><p>
<span></span>Meanwhile, U.S. Rep. Vern Buchanan (R-Fla), visited Mote Marine Lab Monday and spoke with its scientists about ways to combat red tide. Earlier this year, Congress <a href="https://buchanan.house.gov/media-center/press-releases/buchanan-legislation-fight-red-tide-passed-congress" target="_blank">successfully passed</a> a Buchanan-sponsored bill that added $8 million to combat toxic algae blooms.
</p><p>
Buchanan hopes to know how much of that funding will go to Florida in the coming days, the
<a href="https://www.bradenton.com/news/local/article216615315.html" target="_blank">Bradenton Herald</a> reported.
</p><p style="">
"We need more scientists, we need more answers. There's still a lot of questions," he said, according to the Herald. "I've heard for many years of red tide being a natural occurrence, and I'm sure that's the case (for) hundreds of years, but I think there are things aggravating a lot of this and we've got to get serious about it. Because it affects animals and tourism and (the) value of real estate. We've got to get whatever resources we need and I think we'll do it on a bipartisan basis. I think enough is enough."
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Across the U.S., a growing epidemic of toxic algal blooms is polluting lakes and other waterways, according to a new report by the Environmental Working Group.
<p>Toxic algal blooms occur when chemical pollution from farms and other sources runs off into waterways, forming a thick, green, soup-like substance on the surface. The blooms are hazardous to human health and can even kill pets. And they can make tap water unsafe to drink, as residents of Toledo, Ohio, learned in 2014, when a massive bloom blanketed Lake Erie and invaded the city's water supply.</p><p>"Toledo was a wake-up call for many people," said Craig Cox, EWG's senior vice president for agriculture and natural resources. "It was the first major city to declare its water supply unsafe for human consumption due to a toxic algal bloom. But many more Americans are experiencing the damage these blooms can wreak—and the problem is getting worse."</p><p>No government entity tracks blooms nationwide, but EWG's analysis of news coverage and satellite imagery found that, since 2010, nearly 300 blooms have been recorded in lakes, rivers and bays in 48 states. The problem has grown exponentially during that period: 169 toxic blooms were reported in 40 states in 2017, compared to only three blooms in 2010.</p><p>The <a href="https://www.ewg.org/toxicalgalblooms/" target="_blank">EWG report</a> includes an interactive map of 288 blooms, as well as before-and-after satellite photos of 24 blighted lakes in 12 states and a short video about the Lake Erie bloom, which is now an annual phenomenon. And Lake Erie isn't the only place with a reliable yearly bloom—in recent years federal regulators began issuing an <a href="https://oceanservice.noaa.gov/hazards/hab/" target="_blank">annual "bloom forecast"</a> for some coastal states and plan to expand the program.</p><p>Toxic algal blooms have erupted in every state. In California, state agencies recently <a href="https://www.acwa.com/news/water-boards-urge-reporting-of-harmful-algal-blooms/" target="_blank">raised alarm</a> about the problem, noting 141 public health alerts by state and local authorities in 2017 alone. In 2016, Florida declared a state of emergency in four counties inundated by a huge bloom.</p><p>Algal blooms can cause fish die-offs and harm other marine life, and they can devastate local economies by curbing tourism and recreational activities like swimming, fishing and boating. Blooms often reach their peak in the summer, but can also occur well into the fall and winter. In many places, they are forming earlier each year. Changing weather patterns associated with climate change exacerbate the issue.</p><p>What's usually referred to as blue-green algae are actually photosynthetic organisms called cyanobacteria. And not all algal blooms are toxic. They become dangerous when they create byproducts such as microcystin, the toxin that contaminated Toledo's water. Short-term exposure to microcystins through skin contact, ingestion or inhalation <a href="https://www.epa.gov/sites/production/files/2017-06/documents/microcystins-report-2015.pdf" target="_blank">can cause</a> sore throat, nausea, vomiting, diarrhea and liver damage. Long-term exposure can lead to cancer, liver failure and sperm damage.</p><p>While algal blooms can happen naturally, the recent spike is indisputably linked to pollution from farms. When fertilizer and animal manure run off into lakes, streams and bays, chemicals—including phosphorous—can spur the unchecked growth of cyanobacteria, particularly in warm weather.</p><p>"Farmers are largely exempt from the Clean Water Act," Cox said. "And the rising number of blooms is directly related to the staggering intensification of crop and livestock production. Farmers get billions of taxpayer dollars each year through federal farm and insurance subsidies. It's more than fair to ask them to take steps to prevent pollution in return for such generous support from their fellow citizens."</p><p>Simple techniques like planting strips of grass next to streams and applying fertilizer using precision methods can cut water pollution from farms.</p><p>"Voluntary programs alone aren't getting the job done. It is far past time to expect landowners to meet basic standards of caring for their land and our water," Cox said.</p><p>At two hearings last month, Environmental Protection Agency Chief Scott Pruitt was repeatedly asked <a href="https://www.c-span.org/video/?c4727576/pruitt-rep-kaptur-discuss-algal-blooms" target="_blank">by lawmakers from Ohio</a> about the EPA's plans to combat algal blooms under its authority from the Clean Water Act.</p>
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Television ads produced by the polluter lobbyist group "Free Market Florida" are an affront to millions of Floridians who are living with the sad reality of polluted drinking water, toxic algae outbreaks and fish kills in their favorite rivers, springs, lakes, as well as on our tourist beaches.
“Our tourism economy depends on clean water, and this group actually has the audacity to fight against that? It doesn't make any sense," said Earthjustice attorney Alisa Coe. “It is just common sense to set limits on the amount of sewage, manure and fertilizer that's allowed in our water," Coe said. “You would think that's something everyone can agree on."
The toxic algae outbreaks breaking out around Florida can cause rashes, breathing problems, stomach disorders, and worse. Health authorities have had to shut down drinking water plants, beaches and swimming areas. Toxic algae can kill fish, livestock and pets.
- Pictures of this health threat are available by clicking here and here.
- View Florida Slime Crime Tracker in a larger map by clicking here.
This pollution hurts people who work in restaurants, hotels, beach concessions, the fishing industry, the boating industry, the dive industry, and the real estate sales and rental markets.
After years of seeing toxic algae on Florida tourist beaches like Sanibel Island and at fishing destinations like the St. Johns River, Earthjustice filed a Clean Water Act federal lawsuit in 2008 in the Northern District of Florida on behalf of the Florida Wildlife Federation, the Conservancy of Southwest Florida, the Environmental Confederation of Southwest Florida, St. John's Riverkeeper and the Sierra Club. In 2009, the U.S. Environmental Protection Agency set numeric limits for the phosphorus and nitrogen that comes from sewage, fertilizer and manure in the water.
Take action to clean up Florida's waters by clicking here.
For more information, click here.