Florida Appeals Ruling on Wetlands Permitting

Florida is urging a federal appeals court to overturn a ruling that reinstated the U.S. Army Corps of Engineers' authority over wetlands permitting, which it argues could have 'disastrous consequences' for the state's environmental management. The state filed a 74-page brief challenging a February ruling by U.S. District Judge Randolph Moss, which vacated a 2020 decision by the EPA to delegate permitting authority to Florida due to violations of the Endangered Species Act. Florida contends that the resources of the Corps are insufficient compared to its dedicated staffing for wetlands permitting, predicting significant delays under the new ruling. The legal battle stems from a lawsuit by environmental groups, including Earthjustice, which argued that the state's program was inadequate to protect endangered species. Florida asserts that the environmental claims advanced in the lawsuit do not demonstrate actual harm, requesting either a review of the decision or its complete reversal. The outcome could impact how wetlands projects are permitted in Florida moving forward.