TALLAHASSEE, Fla. — A federal judge has denied a motion to dismiss a lawsuit accusing Florida of violating the Endangered Species Act due to sewage discharges into the Indian River Lagoon, which have contributed to manatee deaths.
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In a 30-page ruling this week, U.S. District Judge Carlos Mendoza rejected the Florida Department of Environmental Protection’s (DEP) attempt to dismiss the lawsuit filed by the environmental group Bear Warriors United in 2022. The group argues that the DEP has failed to adequately regulate sewage treatment plants and septic systems, leading to the destruction of seagrass, a critical food source for manatees, in the northern Indian River Lagoon. Manatees have suffered from starvation in recent years as a result.
Judge Mendoza stated that the group’s lawsuit sought steps to curb manatee deaths and concluded that a favorable ruling could reduce harm to the protected species.
“FDEP (the department) is responsible for regulating, permitting, and revoking (septic systems) and wastewater treatment facilities,” Mendoza wrote. He added that the lawsuit alleges that FDEP’s failure to regulate sewage effectively has led to the ongoing harm of manatees, which constitutes an unlawful act under the Endangered Species Act.
The ruling does not resolve the case but allows it to move forward. Both Bear Warriors United and the DEP have filed competing motions for summary judgment, which could lead to a resolution without the need for a trial.
Bear Warriors United contends that the DEP has long been aware of the nitrogen discharges from septic tanks and wastewater plants, which contribute to algae blooms and the destruction of seagrass in the lagoon.
“DEP thus authorizes the destruction of the lagoon’s ability to sustain seagrass and other macroalgae which are essential food sources for the manatees’ survival,” the group’s attorneys wrote.
The DEP, however, disputes these claims, stating in its summary judgment motion that it has taken steps to reduce discharges and restore water quality in the lagoon. “The record shows that DEP has not authorized or entitled any party to cause a violation of water quality standards,” the state argued.
The lawsuit focuses on a stretch of the Indian River Lagoon from the Melbourne Causeway in Brevard County to Turnbull Creek in southern Volusia County, an area heavily impacted by manatee deaths.
Florida recorded a historic 1,100 manatee deaths in 2021, with 358 of those in Brevard County alone. The number of deaths dropped to 555 in 2023, but concerns over the manatee population remain high.
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