Florida pushes Federal court to overturn halted wetlands permitting ruling, citing ‘disastrous consequences’

TALLAHASSEE, FLa. — Florida is urging a federal appeals court to overturn a ruling that halted the state’s authority to issue permits for projects affecting wetlands, warning of “disastrous consequences” if the decision stands.

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Attorneys for the state filed a 74-page brief late Monday with the U.S. Circuit Court of Appeals for the District of Columbia, challenging a February ruling by U.S. District Judge Randolph Moss. The ruling vacated a 2020 decision by the U.S. Environmental Protection Agency (EPA) to transfer wetlands permitting authority to Florida, citing violations of the federal Endangered Species Act by the EPA and the U.S. Fish and Wildlife Service.

The ruling returned the permitting authority to the U.S. Army Corps of Engineers, which had held the responsibility before the 2020 shift. Florida’s brief warned of delays in issuing Section 404 permits under the federal Clean Water Act, stating, “The Corps’ resources dedicated to processing permits in Florida do not compare to those Florida has dedicated to its program.”

The EPA approved the transfer of authority in December 2020, just before the Trump administration ended. Florida became the third state, after Michigan and New Jersey, to assume this responsibility for dredge-and-fill permits.

Environmental groups, led by Earthjustice, challenged the EPA’s decision in 2021. Judge Moss ruled that the Fish and Wildlife Service had failed to properly prepare a biological opinion and incidental take statement, both required when endangered species could be affected. Moss ruled that these documents were flawed, making the EPA’s approval of the transfer unreasonable.

Florida and federal attorneys both filed briefs on Monday disputing Moss’ ruling. They argued that the state’s permitting process included sufficient oversight by the Fish and Wildlife Service and emphasized that Florida had processed thousands of permits, including denials and revisions based on federal recommendations.

The federal government acknowledged the EPA’s failure to consult with the National Marine Fisheries Service before the shift and suggested the U.S. Army Corps of Engineers continue handling permits until the issue is resolved.

Environmental groups have until Nov. 1 to file their response. Florida’s position is backed by business and development groups, which have warned that Moss’ ruling could affect permits for a wide range of projects, including roads, housing, and hospitals.

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