5D01-2127 Sierra v. St. Johns

State: Florida

Court: Florida Fifth District Court

Docket No: 5D01-2127

Case Date: 04/08/2002

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2002

THE SIERRA CLUB, Appellant, v. Case No. 5D01-2127

ST. JOHNS RIVER WATER MANAGEMENT, etc., et al., Appellees. / Opinion Filed April 12, 2002 Administrative Appeal from the St. Johns River Water Management District. Deborah J. Andrews, Ponte Vedra Beach, and Peter Belmont, St. Petersburg,, for Appellant. Kathryn L. Mennella and Thomas I. Mayton, Jr., of Office of General Counsel, St. Johns River Water Management District, Palatka, for Appellees. PLEUS, J. The issue in this case is whether the Administrative Law Judge ("ALJ") correctly concluded that a rule amendment regarding cumulative impact analysis, adopted by the St. Johns River Water Management District ("the District"), constituted a valid exercise of delegated legislative authority. We review this issue de novo. Florida Board of Medicine

v. Florida Academy of Cosmetic Surgery, Inc., 2002 WL 83679 (Fla. 1st DCA 2002).

The test for such a conclusion is whether the rule amendment enlarges, modifies or contravenes the statute.

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