A coalition of environmental groups sued U.S. EPA today over a rule they say will allow the pumping of polluted water from farms and suburbs into the Everglades and other pristine water bodies.

The rule exempts water transfers from Clean Water Act permitting if pumping is not for industrial, municipal or commercial purposes.

Environment America, Environment Florida, Environment New Hampshire and Environment Rhode Island filed the lawsuit in the 1st U.S. Circuit Court of Appeals in Boston. The National Environmental Law Center is representing them.

Christy Leavitt of Environment America said the rule violates the Clean Water Act. "EPA once again listened to the special interests and finalized a rule that puts the environment and public health in danger," Leavitt said in a statement. "We are challenging the rule in court to ensure that our clean waterways stay clean."

EPA finalized its rule last month amid a court battle over the legality of pumping water from canals into the Everglades and Lake Okeechobee. Prior to the final rulemaking, appeals courts for the 1st, 2nd and 11th U.S. Circuits had ruled the water transfers are regulated under the Clean Water Act permit program.

The Environment America lawsuit is the second filed over the rule. Earthjustice filed a lawsuit in the 11th U.S. Circuit Court of Appeals in Atlanta on behalf of the Florida Wildlife Federation last month (E&ENews PM, June 27).

The battle over the permits began with the Miccosukee Tribe and environmental groups filing lawsuits against the South Florida Water Management District over pumping operations along the Everglades in Miami-Dade County and along the south shore of Lake Okeechobee. The district contended it should not be subject to the Clean Water Act provision because the water is moving within the same basin (E&ENews PM, June 1, 2006).

The Miccosukee case went to the Supreme Court in 2004. The high court remanded the case to federal district court, which ruled water transfers require a permit if they move pollution from canals to the receiving water body.

EPA has declined to comment on the lawsuit, citing agency policy (E&ENews PM, June 27).

Click here to read the lawsuit.