Wetlands

Florida this week argued a federal appeals court should overturn a ruling about permitting for projects that affect wetlands, contending that “disastrous consequences flow” from the ruling.Attorneys for the state late Monday filed a 74-page brief at the U.S. Circuit Court of Appeals for the District of Columbia in the battle about a 2020 decision by the U.S. Environmental Protection Agency to shift permitting authority to the state.

In a case closely watched by Florida businesses and environmental groups, the Biden administration Monday argued that a dispute about permitting authority for projects that affect wetlands should go back to a federal district judge.Attorneys for the U.S. Department of Justice and other agencies contended in a 66-page appeals-court brief that U.S. District Judge Randolph Moss made errors this year when he vacated a 2020 decision by the U.S. Environmental Protection Agency that shifted permitting authority from federal officials to Florida.

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.

While Florida has sought to speed up the case, an appeals-court battle about permitting authority for projects that affect wetlands likely will not be resolved until late this year — at the soonest.The U.S. Circuit Court of Appeals for the District of Columbia on Tuesday issued an order that gave a schedule for the state, the federal government and environmental groups to file briefs in the case. The earliest briefs will be filed in August, and final briefs will be filed in November.

The Biden administration said Monday it is still deciding whether to appeal a U.S. district judge’s ruling that the federal government improperly shifted permitting authority to Florida for projects that affect wetlands.U.S. Department of Justice attorneys also urged a federal appeals court to reject a request by Florida to expedite handling of the case. While the Justice Department has not decided whether to appeal, Florida in April launched its own appeal of the ruling by U.S. District Judge Randolph Moss.

Florida has asked a federal appeals court for “expedited” consideration of a legal battle about permitting authority for projects that affect wetlands. Attorneys for the state filed a motion last week asking the U.S. Circuit Court of Appeals for the District of Columbia to move quickly in Florida’s appeal of a ruling that vacated a 2020 decision by the U.S. Environmental Protection Agency to shift permitting authority from federal officials to the state.

Rejecting arguments by Florida and business groups, an appeals court Monday refused to put on hold a U.S. district judge’s ruling in a battle about permitting authority for projects that affect wetlands.A three-judge panel of the U.S. Circuit Court of Appeals for the District of Columbia issued an order that said Florida “has not satisfied the stringent requirements for a stay” while an appeal of U.S. District Judge Randolph Moss’ ruling plays out. The order did not provide further explanation.

Environmental groups Monday urged a federal appeals court to reject Florida’s request for a stay of a district judge’s ruling in a battle about permitting authority for projects that affect wetlands. Attorneys from the Earthjustice legal organization filed a 37-page brief at the U.S. Circuit Court of Appeals for the District of Columbia disputing Florida’s arguments that the ruling by U.S. District Judge Randolph Moss should be put on hold while an appeal plays out.

Federal environmental officials have pushed back against arguments by Florida that a legal fight over wetlands-related permitting has put more than 1,000 permit applications into "regulatory limbo."Florida last week asked an appeals court to issue a stay of a district judge’s ruling that rejected a 2020 decision by the federal government to shift permitting authority to the state. The stay request — backed late Thursday by major business groups and companies — argued that the ruling has created permitting “chaos” and should be put on hold while an appeal plays out.

Pointing to what it called “irreparable injuries,” Florida has asked a federal appeals court to put on hold a district judge’s ruling as a legal battle continues to play out about permitting authority for projects that affect wetlands.Attorneys for the state filed a motion late Thursday at the U.S. Circuit Court of Appeals for the District of Columbia seeking a stay of ruling by U.S. District Judge Randolph Moss. Moss’ ruling rejected a 2020 decision by the federal government to shift permitting authority to the state.