Earthjustice files suit on behalf of Conservancy of Southwest Florida and our partners to protect wetlands throughout Florida. The complaint was filed January 14, 2021 in the United States District Court for the District of Columbia.
Read the complaint here.
Read the press release here.
The Conservancy of Southwest Florida has been working to protect our wetlands for over 50 years. Our mission was seeded in 1964 when we worked to stop a proposal that would have destroyed Rookery Bay.
Today, we face continued threats, as Florida is now the third most populous state in the union. Southwest Florida is experiencing much of that growth directly, and is a hotspot of wetland loss in the nation.
Typically development proposals are reviewed and permitted by local, state, and federal levels. With assumption, the federal agency review would largely be removed.
On August 20, 2020, Florida asked the US Environmental Protection Agency to assume the Clean Water Act 404 “dredge and fill” permitting program. This would mean that the Florida Department of Environmental Protection would take over the central federal role in permitting destructive wetland development projects.
Such a transfer will fast-track and expedite development of Florida’s most treasured landscapes.
Removing the federal agency from the process means removing protective laws from consideration. It removes the checks and balances we need in overseeing requests for new developments, new roadways, and new mines.
Though the Army Corps of Engineers - which is the major federal entity currently responsible for wetland permits - certainly does not have a perfect record in denying bad projects, the federal players have produced more positive outcomes than the state agencies.
For example:
Further, Florida has neither the expertise nor the workload capacity to take on the federal responsibilities. This restricted capacity will impact the robustness of review that projects receive.
Florida is home to the one and only Everglades, the historic river of grass, containing vast landscapes filled with plants and animals found nowhere else on earth. In order to protect our waters and native wildlife, environmentally sensitive lands must be protected both within Southwest Florida and further north.
The Conservancy works to advise local and state government officials on priority acquisitions, potential changes to land acquisition programs, and more, as well as advocates for sufficient funding for these important programs.