Sierra sues UF institute over lawn-fertilizer study

Date:09-22-2011

Sierra Club is suing University of Florida's influential Institute of Food and Agricultural Sciences, accusing it of refusing to release public documents that could explain why IFAS has been giving conflicting advice for ways of using lawn fertilizers to minimize water pollution.

Sierra representatives said Wednesday that for nearly two years the organization has been asking IFAS officials to provide the names of the people who reviewed and approved an institute study that, according to the national environmental group, has undermined IFAS' longstanding recommendations for limiting the type, amount, timing and location of fertilizer on Florida lawns.

Lawn fertilizers commonly contain nitrogen and phosphorus compounds that, if allowed to drain or leach into a river or lake, can cause destructive algae growth.

The 2009 study has been seized upon by many local governments, which have adopted less-restrictive fertilizer ordinances as a result, said Cris Costello, a Sierra Club regional representative. The study could also ultimately affect passage of a state law overriding local laws, she said.

Costello said that IFAS' refusal to provide the requested names suggests the study was not properly reviewed or was reviewed by experts friendly to the fertilizer industry.

"The records we seek will provide the names of the external and internal reviewers and their reviews of several IFAS papers that have been created for and used by the opponents of fertilizer regulations," Costello said.

Terril Nell, director of the IFAS Center for Landscape Conservation and Ecology, said he had not seen the lawsuit and would not comment about its allegations.

He did, however, defend the paper in question, "Urban Water Quality and Fertilizer Ordinances: Avoiding Unintended Consequences: A Review of the Scientific Literature," saying it was based on more than 40 years of scientific research by UF and other schools across the nation.

Nell, one of the paper's authors, said the study includes the names of dozens of researchers from other schools.

"We simply did a literature review," Nell said, adding that the "Unintended Consequences" title refers to what can happen when fertilizers are applied in excess or otherwise incorrectly.

He said conclusions in the "Unintended Consequences" paper are little different than the practices IFAS recommends homeowners follow.

The Sierra lawsuit, filed Tuesday in Broward County, comes as the U.S. Environmental Protection Agency moves to require Florida to implement water-pollution rules that have been staunchly opposed by agricultural interests and other industries.

One environmental group, Florida Clean Water Network, said last week it is preparing to sue EPA because it recently agreed with state officials to lessen protections of some waters, primarily canals, because it would be too expensive to keep them clean enough for such uses as swimming.

Sierra's lawsuit addresses one of the most vexing sources of water pollution: fertilizer chemicals that are washed by rain down gutters into storm drains and drainage canals and, ultimately, into rivers, lakes or coastal waterways.