TALLAHASSEE, Florida — A panel of federal judges heard oral arguments in Atlanta on Tuesday regarding whether Florida’s Department of Environmental Protection can be held responsible for manatee deaths in the Indian River Lagoon.
The appeal stems from a decision last year, when a district judge ruled that FDEP’s wastewater regulations caused the deaths of manatees in the Indian River Lagoon and violated the Endangered Species Act.
Jeffrey Harris, an attorney representing FDEP Secretary Alexis Lambert, said the department recognizes pollution in the lagoon is an issue and is actively working to fix it. Yet Harris argued the link between the department’s permitting and manatee deaths isn’t close enough for FDEP to be held liable for the deaths.
“We just don’t think you can take all of these diffuse harms and add them up into an ESA violation,” he said.
