SPRINGS HARM RULE
LEGAL CHALLENGE
FSC is going to court to Protect Springs from
Over-Pumping
UPDATE January 16, 2024
On Jan. 16, FSC filed an administrative petition to invalidate FDEP’s proposed “Springs Harm Rule” because the proposed rule fails to do the only thing that matters: protect Outstanding Florida Springs from harmful water withdrawals. ​
We are ​going back to court to protect springs and ensure the Florida Department of Environmental Protection follows the law. This is the next step in a multi-year effort to hold FDEP accountable to safeguard Florida’s springs from harmful water withdrawals.
FDEP’s proposed Springs Harm Rule is circular, vague, and essentially the same as the consumptive use permitting rules already in place. After eight years of delay and inaction, to propose essentially the same permitting rules in 2025 that have been in effect since 2014 is an insult to the people of Florida and the Legislators who worked for years to put this provision in law.
We will keep our members posted with updates on the legal challenge and the next steps in the fight to protect Florida’s springs. Scroll down for more information about the proposed Springs Harm Rule, the background of this fight, our letters to FDEP and what we believe a strong Springs Harm Rule would look like. ​​
WHAT IS THE "SPRINGS HARM RULE"
Senate Bill 552, passed in 2016, requires FDEP to “adopt uniform rules for issuing permits which prevent groundwater withdrawals that are harmful” to Outstanding Florida Springs
(what we refer to as the "springs harm rule").
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Almost nine years later, FDEP still has not adopted a springs harm rule. DEP has delayed action and caused untold damage to Florida's springs, spring-fed rivers and the aquifer.
Many Florida springs are below their established Minimum Flows and Levels, the limit set by the State at which further withdrawals would be significantly harmful to the water resources or ecology of the area.
Nov 20, 2024 Virtual Press Conference
​Our Springs are suffering, and we need the State Agency responsible for protecting them to step up and follow the law.
LEGAL CHALLENGE
The Florida Springs Council filed an administrative petition to invalidate FDEP'S proposed “Springs Harm Rule.”
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On Jan. 16, 2025, the Florida Springs Council filed an administrative petition to invalidate the Florida Department of Environmental Protection’s (FDEP) proposed “Springs Harm Rule,” continuing the organization’s commitment to ensure FDEP follows the law.
​Our mission is to be a unified voice for the springs in the courts and in the Capitol. FSC's attorneys successfully defeated the Florida Department of Environmental Protection in Court in the past over the FDEP's failed Springs Basin Management Action Plans. We are determined to continue holding FDEP accountable to protect Florida's springs.
FSC’s ongoing Springs Harm Rule litigation wouldn’t be possible without our fantastic legal team, including attorneys John Thomas, Doug MacLaughlin, and Matt Farmer.​​​
Join the ranks of our most loyal Springs Defenders.
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FSC has fought these legal battles before. And won.
​With your help we'll keep fighting for Florida's springs & waterways. A monthly gift to the springs legal fund from you means reliable and steady financial footing when our team needs to act quickly.
If you feel you can make a greater impact with a one time gift or through your IRA or Donor Advised Fund, use the links below. Florida Springs Council's Tax ID is 81-2889063. PO Box 358191, Gainesville, FL 32635
BACKGROUND & TIMELINE
For the last eight years, our message to FDEP has remained the same: Follow the law and stop draining Florida's Springs. Our State Leaders have not listened.
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In 2016, Governor Rick Scott signed the Florida Springs and Aquifer Protection Action into law, which says that FDEP must “adopt uniform rules for issuing permits which prevent groundwater withdrawals that are harmful” to Outstanding Florida Springs and adopt a uniform definition of the term “harmful to the water resources."
From 2014 to 2021, FDEP ignored the law.
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In 2022, FDEP finally published a draft rule. It was essentially the same as the rules already adopted for all water bodies in 2014 (two years before SB 552 was signed into law.) FDEP withdrew the published rule after opposition from FSC, Sierra Club FL and Senator David Simmons, the co-sponsor and author of the 2016 law.
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Springs advocates have been on a merry-go-round with FDEP ever since. FDEP publishes an invalid draft rule; Springs advocates pressure them to do better; FDEP withdraws the rule and comes back the next year to continue the cycle.
The public has taken notice.
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​In 2023, over 100 advocates showed up to FDEP's workshop on this issue in Gainesville, and over 850 emails were sent to FDEP, urging FDEP to adopt a strong rule.
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In 2024, over 120 advocates showed up at our rally and FDEP's workshop in Apopka, and over 1,300 emails were sent to FDEP, again, demanding FDEP to adopt the Florida Springs Council's more protective draft rule.
Read more about this issue here: https://www.floridaspringscouncil.org/single-post/how-dep-ignores-the-law-to-help-nestle-and-other-water-users
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On November 6, 2024, the Florida Springs Council sued FDEP in Hernando County Circuit Court for unreasonably delaying the adoption of statutorily mandated rules to protect Outstanding Florida Springs from harmful water withdrawals.
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The Florida Springs Council was represented by Stetson Law School's Jacobs Public Interest Law Clinic for Democracy and the Environment. We appreciate Jaclyn Lopez, the Director of the Clinic, and Rachael Curran, Staff Attorney, as well as the Environmental Clinic students, for recognizing the importance of this issue and making this lawsuit possible. FSC is also thankful for the help and support received from Tampa attorney Matt Farmer.
On Dec. 10, 2024, FDEP finally proposed the legislatively mandated “Springs Harm Rule” after the Florida Springs Council had sued FDEP. Only after the Court ordered FDEP to provide an explanation for the extraordinary delay did FDEP publish these inadequate rules to prevent withdrawals harmful to Outstanding Florida Springs.
On Jan. 6, 2025, FDEP held a public hearing on the proposed “Springs Harm Rule” where FDEP staff remained silent when asked questions by attendees, including a dozen questions asked by Florida Springs Council executive director Ryan Smart. Rather than answer questions at the hearing, FDEP merely extended the public comment period regarding the proposed rule. FDEP still has not answered any questions or addressed any objections regarding the proposed rule.
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On Jan. 16, 2025, the Florida Springs Council filed an administrative petition to invalidate the Florida Department of Environmental Protection’s (FDEP) proposed “Springs Harm Rule,” continuing the organization’s commitment to ensure FDEP follows the law.
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The Florida Springs Council has been engaged in this fight since the organization was founded.
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​Going to court is a last resort, but we will do everything in our power to reverse the destruction of Florida's springs.
We are confident we can work together to hold the Florida Department of Environmental Protection accountable.
READ THE FLORIDA SPRINGS COUNCIL'S LETTERS TO FDEP
Click on the image below to read the letters FSC has sent to FDEP regarding the springs harm rule from 2019 to 2024:
WHAT WOULD A STRONG SPRINGS HARM RULE LOOK LIKE?
FSC worked with attorneys, scientists, and policy experts to draft a water use permitting harm rule that will actually protect Outstanding Florida Springs. It prioritizes the protection of Outstanding Florida Springs, relies on existing regulatory programs, and recognizes the relationship between water quantity and water quality.
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Click on the image below to read our draft rule, which is attached to the appendix of our letter to FDEP:
DIVE DEEPER
We've been at this for eight years - Dive into FSC's work to protect Florida's Springs from Over-Pumping:
