March 27, 2026·24-5101·Panel Decision·Circuit Judge PAN·By Maria Santos
The United States Court of Appeals for the District of Columbia Circuit vacated and remanded the EPA's approval of Florida's permitting program under the Clean Water Act, citing non-compliance with the Endangered Species Act.
The case involves Florida’s request to assume permitting authority under the Clean Water Act, which was challenged by environmental groups for not complying with the Endangered Species Act.
The court’s reasoning
The court determined that the EPA and FWS did not ensure compliance with the ESA, and the EPA’s approval was based on flawed findings.
The EPA and the FWS enabled Florida and the recipients of its permits to evade the ESA’s exacting procedures for protecting listed species.
What it means going forward
The decision requires the EPA to reassess Florida’s permitting program with proper ESA compliance.
