Wielding the Stick: Enforceability of Basin Management Action Plans in Florida

Abstract

This paper analyzes the current state of the law in Florida regarding the assignment of reduction requirements in a Basin Managment Action Plan (BMAP) to particular sources, and the authority of the Florida Department of Environmental Protection (DEP) and the water management districts (WMDs) to enforce the BMAP obligations of both point and nonpoint sources. It also discusses the challenges DEP and the WMDs will likely face when attempting to enforce BMAPs. Specific emphasis is placed on the BMAP for the Lower St. Johns River – Main Stem, which was enacted in 2008.