The Florida Department of Transportation has been able to get permits from the federal government, including for projects in Gov. Ron DeSantis’ “Moving Florida Forward” initiative, as a major legal battle continues over permitting for projects that affect wetlands, a department official said Thursday.
Siding with environmental groups, U.S. District Judge Randolph Moss in February vacated a 2020 decision by the U.S. Environmental Protection Agency that shifted permitting authority from federal officials to the state.
That meant permitting authority returned to the U.S. Army Corps of Engineers, which previously had the authority.
The state Department of Environmental Protection and the federal government have appealed Moss’ ruling to the U.S. Circuit Court of Appeals for the District of Columbia, but the case is expected to remain pending for months.
Attorneys for the Department of Environmental Protection and business groups have contended that the permitting shift and the legal battle will hold up approvals for a wide range of development projects across Florida.
But Jennifer Marshall, director of the Office of Environmental Management at the state Department of Transportation, said Thursday that 23 permits have been issued for her agency’s projects.
Marshall told the Florida Transportation Commission that has included permits linked to the Moving Florida Forward initiative, a priority of DeSantis that includes speeding up planned transportation projects.
Marshall said the Department of Transportation is getting permits within five to eight months and that it is aided by “liaisons” it has with the Army Corps of Engineers.
Members of the Florida Transportation Commission, however, said the legal battle is causing permitting delays for private developments.
“Government to government sometimes has its advantages, and it sounds like the effect of this wasn’t that drastic on DOT, probably a little bit of hiccup. But from the private sector, it’s been very impactful,” said commission member David Genson, who is president of development for the Naples-based Barron Collier Companies.