Appeals court denies Florida request for wetlands permitting stay

By Bruce Ritchie | 05/20/2024 04:22 PM EDT

The Florida Department of Environmental Protection in its April 26 stay request said the judge’s ruling in February creates “irreparable injuries” by placing projects into an “indefinite regulatory limbo.”

A housing development built in Everglades wetlands is seen from the air near Naples, Florida in October 2019.

A housing development built in Everglades wetlands is seen from the air near Naples, Florida, in October 2019. Robert F. Bukaty/AP

TALLAHASSEE, Florida — An appeals court in Washington on Monday rejected Florida’s request to delay a judge’s order from February stripping the state of its federal wetlands permitting authority.

A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit wrote in an order Monday only that Florida had not “satisfied the stringent requirements for a stay pending appeal.”

The judges did not address the merits of the case. The Florida Department of Environmental Protection in its April 26 stay request said the judge’s ruling in February creates “irreparable injuries” by placing projects into an “indefinite regulatory limbo.”

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A DEP spokesperson did not immediately respond Monday to a request for comment. Federal agencies told the appeals court that they were not taking a position on the request.

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