Press Release
By Florida Department of Environmental Protection
04-26-24
| Recently, at the state of Florida’s request, the U.S. District Court for the District of Columbia (D.C.) entered a partial final judgment, allowing the state to appeal the decision that divested the Florida Department of Environmental Protection (DEP) of its authority to issue State 404 Program permits in Florida. Subsequently, the state filed a notice of appeal to have the U.S. Court of Appeals for the D.C. Circuit overturn the lower court’s order. Additionally, following the district court’s denial of Florida’s request for a full stay, the state filed a motion late yesterday with the appellate court seeking a full stay of the judge’s vacatur order to continue processing permit applications while the appeal is being heard. Editor’s note: The action formally transfers permitting authority under CWA Section 404 from the U.S. Army Corps of Engineers (Corps) to the State of Florida for a broad range of water resources within the State. This action allows the State to more effectively and efficiently evaluate and issue permits under the CWA to support the health of Florida’s waters, residents, and economy. Florida’s Section 404 program became effective on December 22, 2020, upon publication of EPA’s approval in the Federal Register. Statement from DEP: The Florida Department Environmental Protection looks forward to making its case on appeal to defend the U.S. Environmental Protection Agency’s approval of Florida’s 404 Permitting Program and overturn the lower court’s legal errors. DEP is also seeking a stay pending the appeal process to limit the disruption to the more than 1,000 State 404 permit applications that were pending. Beyond just large-scale development projects, the court’s decision directly impedes efforts to review and authorize a wide range of 404 permit applications that benefit the environment, the economy and the public. Updates on the status of Florida’s State 404 Program are being routinely posted on this webpage. |
| About the Florida Department of Environmental ProtectionThe Florida Department of Environmental Protection is the state’s principal environmental agency, created to protect, conserve and manage Florida’s environment and natural resources. The department enforces federal and state environmental laws, protects Florida’s air and water quality, cleans up pollution, regulates solid waste management, promotes pollution prevention and acquires environmentally sensitive lands for preservation. The agency also maintains a statewide system of parks, trails and aquatic preserves. Visit the department’s website at FloridaDEP.gov.https://content.govdelivery.com/accounts/FLDEP/bulletins/398dfa4 |
