TALLAHASSEE, Fla. — Amid legal battles unfolding in federal courts regarding the transfer of wetlands-permitting authority from the federal government to the state, a significant development emerged on Monday as a judge decided to halt a lawsuit filed by the Miccosukee Tribe of Indians of Florida.
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U.S. District Judge K. Michael Moore granted a stay requested by attorneys from the U.S. Department of Justice, following a recent ruling by another federal judge asserting that the authority transfer was executed improperly and should be nullified.
This issue has garnered attention from both business and environmental groups due to its implications for permitting processes concerning various development projects impacting wetlands. Typically held by the U.S. Army Corps of Engineers, the permitting authority was shifted to the state in late 2020, shortly before the conclusion of the previous administration.
The Miccosukee Tribe initiated its lawsuit in 2022 against the U.S. Environmental Protection Agency (EPA), contending that the transfer violated the federal Clean Water Act.
Concurrently, a coalition including the Center for Biological Diversity, Defenders of Wildlife, and others filed a separate lawsuit in Washington, D.C., challenging the transfer. Florida has intervened in both cases to support the transfer.
In the Washington, D.C., case, Judge Randolph Moss ruled on Feb. 15 that actions by the EPA and the U.S. Fish and Wildlife Service contravened the federal Endangered Species Act. Moss invalidated the transfer but left certain legal matters unresolved, pending further proceedings.
The state has petitioned for a stay of Moss’ decision, a motion that remains pending as the judge schedules a conference for April 4. Meanwhile, environmental groups have opposed a stay and urged for a final judgment to facilitate potential appeals.
In a recent order, Judge Moore paused the Miccosukee Tribe’s case until April 17, citing the possibility of being unable to provide substantial relief if Moss issues a final judgment in the Washington, D.C., case.
While the Miccosukee Tribe voiced objections to the stay, highlighting distinctions in legal issues, the legal firm Longman, Lewis & Walker noted that progress in these cases may remain stagnant until the April 4 conference in Washington, barring any rulings by Moss.
As the legal maneuvering unfolds, the processing of state 404 permit applications remains on hold, leaving many individuals uncertain about the next steps in navigating these complex regulatory challenges.
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