Endangered Species Act – Florida Panther – Courtesy: Shutterstock – Image by jo Crebbin
A federal court ruling on Thursday found that federal agencies violated the law when they permitted Florida’s right-wing government to take over wetlands permitting under former Republican President Donald Trump. This will restore “essential guardrails provided by the Endangered Species Act,” according to one wildlife advocacy group.
When Florida Gov. Ron DeSantis proposed allowing the state to expedite construction permits for projects on wetlands, the U.S. District Court for the District of Columbia ruled that the U.S. Fish and Wildlife Service (FWS) and the Environmental Protection Agency (EPA) “made an end run around the Endangered Species Act,” according to the Center for Biological Diversity (CBD).
States may assume control of wetlands permitting under Section 404 of the Clean Water Act, provided they can demonstrate that doing so won’t compromise wildlife safeguards.
Groups like Defenders of Wildlife, the Sierra Club, and Miami Waterkeeper joined CBD in suing the EPA shortly after it moved the jurisdiction to Florida in 2020.
In order to prevent Florida from granting state permits for development projects close to the Florida Panther National Wildlife Refuge, where an estimated 120–230 endangered panthers “remain in their last territory on Earth,” CBD and the Sierra Club filed a preliminary injunction request with Earthjustice this past December.
According to the FWS, each year the projects would probably result in the deaths of seven to twenty-six panthers because they would be forced from their natural habitat and put at risk of being hit by cars on surrounding roads. An additional three panthers would suffer other injuries due to the loss of habitat.
Earthjustice attorney Bonnie Malloy stated on Thursday, “We’re talking about the destruction of some of the last remaining habitat for one of the most endangered animals in the world.” “Restoring the Endangered Species Act protections will ensure that these projects get the analysis and review Congress intended to protect threatened and endangered species.”
Rather than just ordering a preliminary injunction, the court decided on the groups’ fundamental argument that the EPA’s transfer of authority would violate federal safeguards for endangered species.
While praising the decision as “a reprieve for critically endangered species like the Florida panther,” Elise Bennett, Florida and Caribbean director at CBD, cautioned that “we’ll never prevent the extinction of our most vulnerable wildlife unless we stop bulldozing the wild places where they live.”
These amazing animals can be saved by the Endangered Species Act, but only if our agencies abide by the legislation. “We will persist in opposing expansive construction projects that destroy the priceless wetlands and interconnected natural areas that are essential for the survival of Florida’s most vulnerable wildlife,” stated Bennett.
The decision was hailed by Florida Phoenix columnist Craig Pittman as “huge news for Florida’s wetlands, because DeSantis’ [Department of Environmental Protection] never said no to a developer.”
“Wetlands are the lifeblood of Florida, providing essential habitat to the world’s only population of the critically endangered Florida panther and many other rare and endemic species, all found within one of the most biologically diverse states in the country,” stated Elizabeth Fleming, senior Florida representative at Defenders of Wildlife.
“Requiring agencies to follow the law is a win for wildlife,” she stated, “protecting habitat and the public alike, as protecting our wetlands also protects drinking water and ecosystems across the state.”
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Born and raised in South Florida, Krystal is a recent graduate from the University of Miami with professional writing experience at the collegiate and national news outlet levels. She’s a foodie who loves all things travel, the beach, & visiting new places throughout Florida.