Florida DEP seeks stay on judicial ruling that removes its authority over wetland permits

On Feb. 15th, 2024, a federal judge ruled that EPA erred in handing off authority over wetlands permitting to the Florida Department of Environmental Protection (DEP).

On Feb. 26th, the DEP filed a motion seeking a partial stay in response to the federal court order divesting DEP of its authority to issue State 404 Program permits in Florida.

Statement from DEP:

The Florida Department of Environmental Protection (DEP) is currently evaluating all legal options in light of the court’s order.

All activity under the State 404 Program is paused until further order of the court, including the more than 1,000 State 404 permit applications that were pending before DEP. As an initial step to limit this disruption, DEP filed a motion seeking a partial stay so Florida may continue to process the applications that would not affect any listed species.

Unless stayed, the court’s ruling will disrupt pending permit applications, including those associated with the restoration of America’s Everglades and critical infrastructure projects for a more resilient Florida.

Updates on the status of Florida’s State 404 Program will be routinely posted on this webpage.