Wetlands

It returned the permitting authority to the U.S. Army Corps of Engineers.

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 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.

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.

Friends of the Everglades described the law as a "death knell for smart growth in Florida," and warned "it will effectively end citizen challenges to comprehensive plan amendments."

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."

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.

The move comes after a U.S. district judge rejected a 2020 decision by the federal government to shift permitting authority to the state for projects that affect wetlands.

Wetlands have generally kept pace with sea-level rise by building upward and creeping inland a few meters per year. But raised roadbeds, cities, farms and increasing land elevation can leave wetlands with nowhere to go.

Attorneys for 404 permit applicants caught in “regulatory limbo” echoed Florida's request — now denied — to advance permits with no impacts to threatened species.

FIU researchers are experimenting with "floating wetlands" to improve the water quality of Miami's canals.

As court battles continue, supporters of Florida keeping permitting authority for projects that affect wetlands are trying a different tack: Put it in federal law.