Stopping the EPA’s Rubber-stamping of Florida Wetlands’ Destruction

The EPA greenlit Florida’s proposal to take over the permitting process when developers want to build on sensitive marshes, cypress forests, ponds, and other wetlands.

Case Overview

On behalf of our clients, Earthjustice filed suit to stop an attempt by the U.S. Environmental Protection Agency to allow Florida to fast-track wetlands permits for construction projects that will degrade and ruin Florida’s natural landscape, all in violation of federal environmental laws. The lawsuit was filed in the U.S. District Court for the District of Columbia.

The agency approved Florida’s proposal to take over the federal program that issues permits when developers and others want to fill sensitive marshes, cypress forests, ponds and other wetlands — Section 404 of the Clean Water Act. In EPA’s rush to push this through, the agency skirted procedural requirements — failing even to make the state program legally effective.

The lawsuit points out that the U.S. Environmental Protection Agency’s approval of Florida’s application to assume jurisdiction over the Clean Water Act permitting program is unlawful because:

  • Florida fails to demonstrate adequate authority to carry out the wetlands permitting program
  • Florida fails to ensure protection of animals and plants under the Endangered Species Act
  • Florida fails to demonstrate it has sufficient funding and staffing to implement and enforce the program.

The state program does not have equivalent permit requirements, enforcement authority, access to courts, public notice, public participation opportunities, and other components that are integral parts of the federal program.

A purple gallinule carefully walks on lily pads in the Everglades in Florida.
A purple gallinule carefully walks on lily pads in the Everglades in Florida. (Diana Robinson / CC BY-NC-ND 2.0)

Case Updates

May 21, 2024 In the News: Law360

D.C. Circ. Won’t Let Fla. Halt Wetlands Permits Decision

Tania Galloni, Managing Attorney, Florida Office: “If Florida wants the program back, it has to comply with federal law. In the meantime, the Corps is more than capable of handling Florida’s 404 permits, as it has for more than 40 years.”

May 20, 2024 In the News: Politico

Appeals court denies Florida request for wetlands permitting stay

Tania Galloni, Managing Attorney, Florida Office: “If [Florida officials] want the program back, they need to fix their mistakes, not dig into them.”

April 26, 2024 In the News: Politico

DEP asks federal appeals court to allow it to issue wetlands permits

Tania Galloni, Managing Attorney, Florida Office: “The bottom line is that the [Army Corps of Engineers] is open for business and the only thing standing in the way of 404 permitting now is Florida’s refusal to transfer applications.”