Federal Court Rules EPA Violated Law by Approving Florida Wetlands Permit Program

The ruling is a major win for environmental groups that challenged the EPA’s 2020 decision to transfer federal wetland permitting authority to Florida.

District Judge Randolph Moss ruled that Florida no longer has the authority to issue the permits. File photo/Joe Raedle/Getty Images

A Washington federal court judge ruled on Feb. 16 that the Environmental Protection Agency (EPA) and the U.S. Fish and Wildlife Service (USFWS) violated federal law when they granted Florida authority to regulate development in protected wetlands in the state.

In his ruling (pdf), U.S. District Judge Randolph Moss found that the two agencies violated the Endangered Species Act by allowing the state to handle permitting for developers and others seeking to fill sensitive marshes, cypress forests, ponds, and more. They also violated the Act by allowing the state to assume authority in enforcing wetlands protections under the Clean Water Act.