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Gulf 'Dead Zone' Lawsuit Brought Against EPA By Environmental Groups

Algae Bloom Gulf Coast

First Posted: 03/14/2012 9:14 pm Updated: 03/15/2012 4:04 pm


By David Bailey

March 14 (Reuters) - Several environmental groups are suing the U.S. government to curb pollution of the Mississippi River with fertilizers and other contaminants blamed with creating a "dead zone" the size of Massachusetts in the Gulf of Mexico.

In separate federal lawsuits filed Tuesday, the groups asked judges to force the U.S. Environmental Protection Agency to set base guidelines for state water quality standards and for wastewater treatment, both aimed at reducing pollution in the Mississippi River Basin.

The basin stretches from the Rocky Mountains in the west all the way to New York state in the east. It funnels water south through the agricultural heartland and industrial states to Louisiana and the Gulf of Mexico.

Along the way, it gathers nitrogen that stimulates excessive algae growth in the dead zone from rainfall, runoff from farms and livestock production and wastewater treatment plants.

"The Mississippi River and the entire Gulf of Mexico has long been treated as the nation's sewer," Matt Rota, director of science and water policy for the Gulf Restoration Network told reporters at a news conference on Wednesday.

"Current efforts by the EPA and the Mississippi River states just simply are not enough," Rota said, describing the dead zone as "one of the many ongoing insults to the Gulf ecosystem."

The Gulf Restoration Network, the Natural Resources Defense Council and other groups said they filed the lawsuits after petitions to the EPA in 2007 for stronger wastewater treatment rules and in 2008 on water quality standards went unfulfilled.

The EPA, which denied the petition to set water quality standards for nutrients last year, said it was reviewing the lawsuits. It has not responded to the petition to update the wastewater treatment standards.

The EPA letter denying the petition said a comprehensive rule would not be the most effective way to address the "significant water quality problems facing our nation."

Glynnis Collins, executive director of the Illinois-based Prairie Rivers Network, said setting a target was critical. Only Minnesota and Wisconsin have adopted EPA steps to limit pollution that were recommended in 2000, she said.

Illinois is the largest source of nitrogen and phosphorous to the basin through runoff from industrial scale corn and soybean production and the massive wastewater treatment programs from the Chicago Metropolitan Water Reclamation District.

The pollution causes extensive damage well before the water reaches the Gulf, forcing some Illinois communities for example to install expensive treatment equipment or even pipe water from neighbors, Collins said.

The dead zone in the Gulf of Mexico stretches west toward Texas from the delta and is roughly the size of Massachusetts, Louisiana State University Professor Eugene Turner said. (Editing by Tim Gaynor)

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By David Bailey March 14 (Reuters) - Several environmental groups are suing the U.S. government to curb pollution of the Mississippi River with fertilizers and other contaminants blam...
By David Bailey March 14 (Reuters) - Several environmental groups are suing the U.S. government to curb pollution of the Mississippi River with fertilizers and other contaminants blam...
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04:07 PM on 03/19/2012
.....and the Republicans want to get rid of the EPA.
06:42 PM on 03/17/2012
"stimulates excessive algae growth"?

Why that is what resident Obama claims he can use "algae" - to replace oil as fuel.
Kommonman
Blame it on Dyslexic fingers..next question
01:48 PM on 03/18/2012
Actually even the oil industry is investing in research into algae created bio-fuels...so stick that in your righteous indignation
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islanddreamer
12:04 PM on 03/17/2012
I remember visiting the Gulf in 1967 and not being able to swim anywhere because all the beaches were posted due to high pollution levels. The Gulf has been the nation's toilet for a long time. I applaud efforts to change this, but I'm not overly optimistic. It will take a revolution in how we do things, including agribusiness and capitalism itself before we quit fouling our own nest.
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mugwhump
My chihuahuas own me.
11:33 AM on 03/17/2012
Agriculture feeds us and poisons us. Thank you Monsanto and Dekalb. When fined corporate would rather pay it than change. Change is more expensive than the fine.
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LawTalkingGuy
Rational human male.
10:11 AM on 03/17/2012
When will they understand that TRUE FREEDOM is the freedom to choke on your own sewage and die young of curable diseases? No wonder this was one of the three departments Perry wanted to cancel, along with, umm, what was the other one again?
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07:55 AM on 03/17/2012
Give the GOP another four years in the white house and their deregulation's and abolishment of the EPA will turn the entire gulf of Mexico into a dead zone with their insane "drill baby drill" mentality.
12:11 PM on 03/17/2012
In the 70s the entire gulf was a dead zone and now compared to then it is clean and full of fish. We swim and fish and enjoy it where just 30 years ago it was filthy and there wasn't anything alive for miles offshore.
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12:45 PM on 03/17/2012
that was a fine pile of boulder dash you spouted there, re read the article, it's about the area of the Mississippi outflow, and it's a dead zone
07:39 PM on 03/17/2012
@ ishmaelmorris: Good information. Thanks for sharing. I live in the Gulf Coast area - and know what you are talking about.
07:37 PM on 03/17/2012
@ Cucchi - is that Sicilian for you know what?
Obviously you do not live near the Gulf Coast or know about it.

At FIVE Year mark after hurricane disasters in 2005 - as expected the waters were beautiful, full of seafood, fish, shrimp, oysters, wildlife - we were rebuilding wetlands, had approval - and the money - to build sand berms as a deterent for water surge during hurricanes -
and all of a SUDDEN - an Oil Rig Explosion and MASSIVE OIL SPEW for NINETY DAYS - use of the dangerous and toxic dispersant COREXIT killing everything in its path.

Democratic Party's Obama Administration knew about potential for a blow-out - and never warned anybody. In fact, on ELEVENTH DAY after Oil Rig explosion when Obama, Napolitano, Salazar were still in Washington, DC having photo-ops - LYING to the world - they were doing whatever they could for the people in Gulf Coast, and falsely portraying WH was in constant contact w State officials to provide whatever was needed - coincidentally = TWO Parish presidents of Louisiana - Billy Nungesser of Plaquemines and Craig Taffaro of St. Bernard - went to Local News - informed everyone WH was refusing their calls, refused to communicate, did not have a federal agent on the ground yet close to TWO weeks after Oil Rig Explosion; WH was threatening everyone with arrest if they entered the waters to begin to clean up the Oil to keep it from coming ashore.

Everyone's TEARS
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09:40 PM on 03/17/2012
I live on Florida's Atlantic coast, our panhandle still has tar balls washing up on the beaches after a blow and tourism is still recovering. I wont eat gulf seafood for another eight years. But unlike your right wing biased sthick. I put the blame where it belongs, big oil and it's Texas right wing leadership, sell your hog wash to some evangelistic sheep that doesn't know how to think but follows blindly down the path of least resistance.
Kommonman
Blame it on Dyslexic fingers..next question
01:55 PM on 03/18/2012
I gotta say that your claim tha Obama KNEW that one blowout prevent was going to fail is ludicris...I would also point out is was the watering down of the rules regulating the oil industry under the GOP administration Under Bush/Cheny and the GOP dominated govt. that did this...So save your anger for them as it was they under pressure from oil lobbyists that relaxed all the regualtions that called for regular inspections of the oil rigs out in the gulf. Save your anger for the oil corporations that lobbied for the loosening of regulations to protect those waters..They are the true criminals here
06:41 AM on 03/17/2012
BP has alot to answer for but what alot of people do not understand is there are some that got off scot free. BP is not the only responsible company here. Yet they are the ones being crucified. There were a couple of Oil Rig companies hired to do these jobs and they are just as responsible if not more then BP. BP is just a gas company name behind the real culprits. Research it for yourself and find out who BP had hired to do the drilling in the first place. No one yet has talked about those people having lawsuits against them or how much they should pay for the clean up.
07:59 PM on 03/17/2012
That is good information, "theripper1967". Negotiations for that - is going on right now in New Orleans. In fact, the trial was postponed again - bc of it.

However, Obama gave a WAIVER to his Political Contributors British Petroleum - to not have environmental safeguards on-site - as the means to assist in helping BP with their profit margin - in spite of BP being known for its shoddy operations on other projects that included deaths from BP making short-cuts.

Obama did not "rescind" this POLITICAL FAVOR - when it was known there was a potential for a blow-out. Never were the Governors of the Gulf Coast States warned of any problems.

In fact, if you remember - right before the Oil Rig Explosion - Obama had cut the budget for the US Coast Guard - for three ports = New Orleans, Houston, San Diego.
Kommonman
Blame it on Dyslexic fingers..next question
01:59 PM on 03/18/2012
Perhaps so but the ultimate responsibility lies with BP as they hired those contractors and had the lease rights...It was their responsibility to ensure that everyting was going to plan with the safety procedures designed to keep such accidents from happening...I could also point out the reifnery issues BP has across our nation but thatwould detract from this particular problem...BP hired those contractors so they must foot the bill...If they wish renumeration from the shoddy contractors they hired then they can take it to the courts...But ultimately they are the repsonsible party as they hel the lease and the drilling was done on their behalf
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DANIELISTICALL
HISTORY IS BUT A FABLE AGREED UPON,,NAPOLEON
05:41 AM on 03/17/2012
B/P thinks they fooled anyone?????
ANYONE THINK B/P CLEANED UP ALL THAT OIL SO QUICKLY? THEY DIDN’T ,,,THEY LET IT SINK TO THE BOTTOM
By CAIN BURDEAU and SETH BORENSTEIN, Associated Press Writers Cain Burdeau And Seth Borenstein, Associated Press Writers –
NEW ORLEANS – Far beneath the surface of the Gulf of Mexico, deeper than divers can go, scientists say they are finding oil from the busted BP well on the sea's muddy and mysterious bottom.
Oil at least two inches thick was found about a mile beneath the surface. Under it was a layer of dead shrimp and other small animals, said University of Georgia researcher Samantha Joye, speaking from the helm of a research vessel in the Gulf.
The latest findings show that while the federal government initially proclaimed much of the spilled oil gone, now it's not so clear.
At these depths, the ocean is a cold and dark world. Yet scientists say that even though it may be out of sight, oil found there could do significant harm to the strange creatures that dwell in the depths — tube worms, tiny crustaceans and mollusks, single-cell organisms and Halloween-scary fish with bulging eyes and skeletal frames.
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LawTalkingGuy
Rational human male.
10:12 AM on 03/17/2012
This article is not about the oil spill.

It's important to make sure BP remains responsible for that, but this article is about water pollution caused by farmers, human sewage, and a lack of proper regulation. They are completely unrelated.
08:01 PM on 03/17/2012
same waters, LawTalkingGuy.
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03:25 AM on 03/17/2012
There is a good reason that most of the Gulf does not have clear water like you see around Key West, The Bahamas, and the Carribean. The water in most of Florida, and the other states along the Gulf...such as Alabama, Mississippi, Louisaisana, and Texas is ''murky''...meaning that you can not even see your feet in 4 feet of water. It's pollution people. Don't believe anything else you hear...it's pollution. It's really too bad..all of the Gulf could be like the Cariibean if we would just clean up the Mississippi River and regulate the sewage pumped into the Gulf from all the other States. We've been made to believe the water is murky due to the nature of the water along the coast of The States ( algea, etc)...but that is ..plain and simple...a bunch of BS..It's polution. If you believe otherwise, then you support the problem. We need to clean up The Gulf. The Gulf should be clean and clear
02:04 AM on 03/17/2012
im no greener but if i get charged with a crime i get thrown into jail. how do they get to "review" the lawsuit? and how dare we make the epa do their job.
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LawTalkingGuy
Rational human male.
10:13 AM on 03/17/2012
Because law suits aren't crimes. They're civil suits. Completely different. One is brought by the state against an alleged criminal who they want to go to jail. The other is brought by a private party against another private party they say wronged them and owe them money.

I'm pretty sure that's "high school civics" level law, or maybe "law and order" level law, not law school level law. Did you really not know the difference?
12:49 PM on 03/17/2012
great so now the dead fish will never get justice bc some idiot thinks they teach law in high school. they barely teach the constitution.
01:06 PM on 03/17/2012
The problem you are having is you dont understand i live on the gulf of mexico. if i take my boat out and dumb a bunch of toxic chemicals over board i can be fined or go to jail. so when a government agency says "we'll look into it" it becomes another hypocritical policy. another redundant agency full of useless head nodders
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Joy Zocco
Retired systems analyst
01:43 AM on 03/17/2012
Compost is inexpensive, can reduce landfill usage, can be widely available, and is by far the best fertilizer. Why use harmful chemicals when a natural product would solve a lot of problems?
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LawTalkingGuy
Rational human male.
10:14 AM on 03/17/2012
How much money do you think the big agricorps make from local compost? There's your answer.
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Joy Zocco
Retired systems analyst
12:26 AM on 03/18/2012
I don't know about agricorps selling compost. I do know that when Kmart used to sell it, it cost about $3.00 for a good sized bag. When local towns produce it to sell to citizens, it is inexpensive,

I would have thought that big companies don't waste their time on it because it's a very slow process. It's much easier to set up chemicals and machines and grind it out.
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rosemaree124
01:38 AM on 03/17/2012
Hey, folks, we have only one planet. Shouldn't we err on the side of caution?
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cdmongo
In God We Trust, All Others Please Bring the Data
12:51 AM on 03/17/2012
Wait a minute. The obama’s stuck their big toes into the gulf several hundred mile away in the Florida. The Gulf has to be safe.
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LawTalkingGuy
Rational human male.
10:14 AM on 03/17/2012
Ridiculously ignorant comment.
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cdmongo
In God We Trust, All Others Please Bring the Data
11:39 AM on 03/17/2012
Sorry, just a humorous comment premised on fact. This administration claims the Gulf is safe. Truth be told, it is not. Your response is obviously premised on ignorance. You have no clue.
08:39 PM on 03/17/2012
@ cdmongo - I liked that comment. It was absolutely necessary - especially since The Obamas were in a "bay" - "pretending" it was the Gulf of Mexico.
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Lane Campbell
Say what?
12:47 AM on 03/17/2012
Yup, the so-called "Greens" are at it again. Having hamstrung America's industry, they're now setting their sights on our agriculture. Makes you wonder what their REAL agenda is...
Meanwhile, back to the problem at hand. The nitrate plume flowing from the Mississippi into the Gulf is real. Instead of looking at it as something to be suppressed, perhaps we should try looking at it as an opportunity -- something to be harvested and/or used productively, before it can become a stagnant pool in the Gulf. Think about it. Nitrates are valuable in their own right; if not, why would we pay to put them on fields to fertilize crops? So maybe we should be putting our minds to devising ways to trap, concentrate, and extract it from the river mainstream before it reaches the Gulf. Or, since it obviously encourages algae blooms, could we perhaps again trap, extract or concentrate it in basins where it could feed strains of algae expressly bred to produce biofuels? C'mon people. Instead of backbiting and slapping more Federal bureaucratic overhead on our already stressed economy, let's get creative!
02:31 AM on 03/17/2012
right, fix the simptom, not the problem. Maybe we can figure out how to fix the BP oil forever spill and the Exxon Valdez oil spill (1989) that will never be cleaned up
08:00 AM on 03/17/2012
I know lets create a government program to retrieve the nitrates that the monsantos of the world get paid billions for and the huge agribusinesses use to make billions more and could care less about the effects of their actions. If we can get the government to get the money from the low and poor income people through taxes and it can come up with a way to make money from the polution than a private company like monsanto can take the idea with more subsides and make millions more dollars to add to the company bottom line and not pay taxes on it. Let the FREE market handle it. Brilliant Lane.
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Lane Campbell
Say what?
01:00 AM on 03/19/2012
Who said anything about government? Remember, I called for CREATIVE thinking. That, almost by definition, implies a private-sector solution, driven by someone's insight about how the existing nitrate stream can be diverted to productive, profitable use.
11:13 PM on 03/16/2012
If the environmentalists would just stop eating the farmers could cut back crop production and the runoff would be lessened. At the end of this cycle, we'd all be happier.
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GOODDOC1
"civil war" is an oxymoron
12:48 AM on 03/17/2012
Your comment makes no sense whatsoever, and you know it!
Kommonman
Blame it on Dyslexic fingers..next question
02:14 PM on 03/18/2012
If the corporate supporters of environmental polution were made to sit and live in the toxins then eventually they would die off as the cancers and poisons take their toll and then there would be no need for the big aggro business