Florida, EPA appeal court ruling on wetlands permitting authority

A federal appeals court in Washington, D.C. will hear a significant case this May regarding wetland permitting in Florida. The hearing is set for May 5, and both Florida and the U.S. Environmental Protection Agency (EPA) are appealing a judge's decision that they feel was unfair. In 2020, the EPA transferred permitting authority to Florida for wetlands projects. This change allowed Florida to manage permits instead of the U.S. Army Corps of Engineers. However, a federal judge ruled that this action violated the Endangered Species Act, and he restored the permitting authority to the Army Corps. Florida argues that its state agency is better equipped to handle these permits than the federal agency. They claim that delays in permitting are causing problems for various projects in the state. Lawmakers support this view, and there is ongoing federal legislation that seeks to maintain Florida's permitting power. However, conservation groups, represented by the Earthjustice legal organization, dispute this claim. They argue that granting Florida more power in permitting could endanger wildlife in the state, such as the Florida panther and the West Indian manatee. The judge's ruling highlighted issues with the process used by the Fish and Wildlife Service in supporting the transfer of permitting authority to Florida. The judge found that the evaluations conducted did not align with legal requirements and were therefore flawed. Supporters of Florida's authority point out that a technical assistance process allows for federal and state collaboration on permits. Critics, however, believe that this process does not fulfill the necessary requirements to protect endangered species. Both sides continue to prepare for the upcoming court hearing, which promises to draw significant attention due to its implications for environmental protections and state authority.