MICCOSUKEE TRIBE OF INDIANS OF FLORIDA, THE FRIENDS OF THE EVERGLADES, THE FLORIDA KEYS FISHING GUIDES ASSOCIATIONS, FISHERMEN AGAINST THE DESTRUCTION OF THE ENVIRONMENT, CLEAN WATER ACTION, FLORIDA CHAPTER OF THE SIERRA CLUB, AND FLORIDA AUDUBON SOCIETY, APPELLANTS,
v.
STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL PROTECTION, AND ENVIRONMENTAL REGULATION COMMISSION, APPELLEES
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The court affirmed the DEP's decision, holding that the agency has no obligation to exceed the statutory timeline for developing phosphorous criteria for the Everglades, and that only the Legislature can shorten the prescribed timeframe.
The DEP has no legal obligation to develop phosphorous criteria for the Everglades faster than the statutory timeline permits.
[1] The judiciary cannot compel an administrative agency to exceed statutory deadlines for rulemaking, and only the Legislature may modify prescribed timeframes.
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Join FLexlaw to unlock all legal intelligenceEnvironmental groups and the Miccosukee Tribe challenged the DEP and Environmental Regulation Commission regarding their obligations and timeline for …
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PER CURIAM.
This case presents the Court with a very narrow question concerning the related issues of what are the statutory obligations of the appellees and, furthermore, within what time period must the appellees meet those obligations. Naturally, it is not within this Court’s purview to rule upon the wisdom of the statutory provisions involved, particularly including the timing mechanism specified in the statute by the legislative branch of the State. We note, however, that the Department of Environmental Protection (hereinafter “DEP”), both in its brief and at oral argument, has assured this court that it is proceeding expeditiously with rule development for the phosphorous criterion of the Everglades. The DEP projects that formal rulemaking may commence within a year. The DEP argues that they will act with all deliberate speed to complete the rulemaking process.
In view of the fact that the record fails to reflect any legal error in the decision under review, we affirm.
Naturally, the appellants retain the ability to direct their efforts, towards shortening the time periods provided for in the statute, to the Legislature, which is the only branch of government that has the authority, at this time, to act in response to those efforts.
Affirmed.