Florida DEP says it can’t block use of septic tanks to protect manatees

By Bruce Ritchie | 05/07/2025 12:23 PM EDT

The Department of Environmental Protection responded after U.S. District Judge Carlos Mendoza in Orlando ruled last month that the state is responsible for manatee deaths in the northern Indian River Lagoon.

Manatees gather near the warm-water outflows of a power plant in Riviera Beach, Florida.

Manatees gather in January near the warm-water outflows of a Florida Power & Light power plant in Riviera Beach, Florida, where the company operates the free Manatee Lagoon attraction. Rebecca Blackwell/AP

TALLAHASSEE, Florida — Department of Environmental Protection lawyers told a federal judge Tuesday that the state agency can’t enforce a ban on septic tanks to protect manatees — even if it the court requires one.

Details: DEP responded to a request by Bear Warriors United after U.S. District Judge Carlos Mendoza in Orlando ruled last month that the state is responsible for manatee deaths in the northern Indian River Lagoon.

The environmental group asked Mendoza to issue a moratorium on new developments with septic tanks in the region. But DEP responded Tuesday that it has no power to block residential or commercial developments.

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“That authority is left to local zoning boards,” DEP wrote.

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