The Trump administration properly accounted for endangered species threats when it gave Florida responsibility for wetlands permits, despite “serious” problems with the state’s approach, the Biden administration said this week.
At issue is a 2020 EPA decision that granted Florida oversight of development projects in federally regulated wetlands in the Sunshine State. This year, the U.S. District Court for the District of Columbia ruled that the Trump administration ran afoul of the Endangered Species Act when it made that decision, returning wetlands permitting to the federal government.
Now, the Biden administration is asking a higher court to reverse the ruling, even as administration officials described Florida’s program as “lacking” in protections for wetlands.
“Since EPA approved Florida’s application in 2020, there have been many problems with Florida’s implementation of the [Clean Water Act] 404 program,” attorneys at the Department of Justice told the U.S. Court of Appeals for the District of Columbia Circuit. “Before the district court’s ruling, EPA had been considering how to address those implementation issues.”
