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In the News: Law360 May 21, 2024

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.”

In the News: Politico May 20, 2024

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.”

In the News: Politico April 26, 2024

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.”

In the News: Law360 April 16, 2024

Florida Lost Its CWA Permitting Power. Now What?

Tania Galloni, Managing Attorney, Florida Office: “The decision is incredibly important because it goes back to the fundamentals, which is that the Endangered Species Act means what it says. The judge was on really solid ground in his ruling. He’s relying on decades of Endangered Species Act case law.”

In the News: Florida Public Radio April 12, 2024

Judge denies Florida’s request to keep processing some wetlands permits, after program was revoked

Christina Reichert, Attorney, Florida Office: “They didn’t do what was required to make sure that there wouldn’t be any substantial harm to the many protected species that are in the state of Florida. Florida has … over 130 listed species in the state; we have immense biodiversity that needs to be protected. And a lot…

In the News: Fort Myers News-Press March 8, 2024

Wetlands permitting battle continues, state expected to appeal federal ruling

Bonnie Malloy, Attorney, Florida Office: “The trigger for (the state) to file an appeal hasn’t happened yet because the court hasn’t rendered a final judgment yet. This is something developers sought because they could get permits quicker than when they go through the (U.S. Army) Corps process, but there were several illegal shortcuts they took…

In the News: Politico February 23, 2024

Permitting ‘Chaos’: Florida DEP to seek stay of judge’s wetlands ruling

Tania Galloni, Managing Attorney, Florida Office: “The judge got it right. There’s a lot of reasons this program is illegal.”

In the News: Florida Phoenix February 22, 2024

Court ruling stops Florida’s sloppy wetlands permitting, saves panthers

Tania Galloni, Managing Attorney, Florida Office: “’It’s hard’ is NOT a reason to not comply with federal law.”

Female panther at the Picayune Strand State Forest in Collier County.
(Tim Donovan / Florida Fish & Wildlife)
Update February 20, 2024

Florida’s Wetlands Win Protections in Court

The ruling halts two massive development projects that would have disturbed the last remaining habitat of the critically endangered Florida panther.

In the News: Inside EPA February 20, 2024

Court’s Vacatur Of Florida 404 Program May Raise Bar For Other States

Christina Reichert, Attorney, Florida Office: “[The ruling] sends a clear signal that Congress meant what it said when it passed the Endangered Species Act. No state can be allowed to take over a federal program as important as the Clean Water Act’s wetlands permitting program by making an end-run around the Endangered Species Act.”

A Florida panther at White Oak Conservation Center, Florida. (Frans Lanting / National Geographic)
Press Release: Victory February 16, 2024

Federal Court Strikes Down EPA Approval of Florida Wetlands Program

Judge finds EPA and USFWS failed to comply with Endangered Species Act

document February 15, 2024

Sec. 404 Florida ESA Ruling

A federal court rules in favor of environmental groups, determining that the U.S. Environmental Protection Agency and the U.S. Fish and Wildlife Service violated federal law when they greenlit Florida’s takeover of the Clean Water Act wetlands permitting program.

document February 28, 2023

Florida Assumption of 404 Permitting: Motion for Summary Judgment

Plaintiff conservation organizations bring this action to protect our Nation’s waters and the endangered species that rely on them. During the Trump Administration, Florida worked hand in glove with developers to achieve developers’ “holy grail”: state assumption over Section 404 of the Clean Water Act — which governs dredging and filling of many sensitive wetlands — in one of the most biodiverse states in the country. Between 2017 and 2020, the State and the U.S. Environmental Protection Agency, U.S. Fish and Wildlife Service, and the U.S. Army Corps of Engineers, worked to make this dream a reality. The Defendants’ actions, however, violated multiple federal laws and must be set aside.

Aerial view of the Big Cypress National Preserve in South Florida on October 13, 2021.
(Saul Martinez for Earthjustice)
Article January 10, 2022

We’re Defending a Rare Florida Wetland From Oil Drilling

We’re in court to force the federal government to protect some of the most important wetlands in America.

Great Egret (Ardea alba) along Sweetwater Strand in Big Cypress Preserve, Florida.
 (Ken Canning / Getty Images)
Update June 23, 2021

The Everglades Are in Danger of Oil Drilling

We’re making sure that federal and state governments keep their commitments to protect Florida’s wetlands.

A purple gallinule carefully walks on lily pads in the Everglades in Florida.
(Diana Robinson / CC BY-NC-ND 2.0)
case April 22, 2021

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

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…

In the News: Sun Sentinel January 15, 2021

Environmentalists challenge EPA change that allows Florida to control wetlands development

Tania Galloni, Managing Attorney, Florida Office, Earthjustice: “EPA is lowering the bar to allow a state, for the first time, to run the federal wetlands program without meeting federal standards. Developers have called this the ‘holy grail’ because it would make it easier, faster and cheaper for them to get permits for big projects with…

document January 14, 2021

Florida Wetlands Permitting Lawsuit

Suit against EPA letting Florida assume federal wetlands permitting