Court Victory for Florida Wetlands Protection

The U.S. Circuit Court of Appeals for the District of Columbia ruled today that permits to build in wetlands should stay in the hands of federal regulators rather than the state of Florida.

The ruling upholds a 2020 decision by U.S. District Judge Randolph Moss who held that the U.S. Environmental Protection Agency and the U.S. Fish and Wildlife Service violated the federal Endangered Species Act when the agencies approved Florida’s wetlands permitting program in 2020.

Earthjustice is representing the Center for Biological Diversity, Defenders of Wildlife, the Sierra Club, the Conservancy of Southwest Florida, the Florida Wildlife Federation, Miami Waterkeeper, and St. Johns Riverkeeper in the case.

“The government tried a reckless scheme to fast-track the destruction of wetlands under Section 404 of the Clean Water Act,” said Earthjustice Senior Attorney Christina I. Reichert, “Today, the appeals court confirmed that the government can’t take shortcuts around our bedrock federal environmental laws.”

“It is a victory to have wetlands destruction permits stay with federal agencies,” said Earthjustice Senior Attorney Bonnie Malloy. “The federal permitting system allows for more public participation, including consultation with Tribes. It also provides more protections for vulnerable species under the Endangered Species Act.”

Florida has the second-most wetlands in America (Alaska is first) and developers have long said turning over permitting under Section 404 of the Clean Water Act to the state was their “Holy Grail” because it would make bulldozing wetlands easier and faster.

“I’m glad the court rejected Florida’s attempt to put industry over our treasured wildlife and wild places,” said Jason Totoiu, a senior attorney at the Center for Biological Diversity. “Florida’s wetlands and wildlife deserve all the protection they can get, especially in the face of continued attempts by the state to roll back environmental protections.”

“We applaud this ruling that secures our most foundational laws and protections as development threatens our wetlands. Wetlands are our ‘liquid gold,’ and they provide value to not only the plants and animals that live in these habitats, but also to all of us by cleansing and storing water,” said Amber Crooks, Senior Environmental Policy Advisor with the Conservancy of Southwest Florida.

“The court’s ruling today emphasizes what we already know: that wetlands are the lifeblood of Florida,” said Elizabeth Fleming, Senior Florida Representative with Defenders of Wildlife. “This decision protects crucial habitat for the world’s only population of the critically endangered Florida panther, as well as many other imperiled, rare and endemic species, like the Florida manatee and wood stork. When agencies follow the law, we all win, wildlife included.”

“This ruling strengthens our fight to protect Florida’s waterways and wildlife from a deeply flawed permitting regime. The court made clear that Florida’s 404 program was deficient — it lacked adequate safeguards, enforcement, and alignment with federal standards,” said Rachel Silverstein, Executive Director of Miami Waterkeeper. “Today’s decision restores critical protections for wetlands, endangered species, and the people who depend on clean water.” 

“Like the district court, the appeals court here properly rejected EPA and the Fish and Wildlife Service’s egregious attempt to short-circuit the ESA’s stringent protections for critically endangered wildlife like the Florida panther. This is a win for Floridians and our iconic wildlife and wild spaces,” said Cris Costello, Organizing Manager of the Sierra Club.

“From panthers to wood storks, Florida’s wildlife needs the rich biodiversity that wetlands provide. This ruling is a win for species on the brink of survival and for all Floridians who value clean water, flood protections, and the wild places that define our state,” said Sarah Gledhill, President and CEO, Florida Wildlife Federation.