WASHINGTON— The U.S. Circuit Court of Appeals for the District of Columbia ruled today that permits to build in Florida wetlands should stay in the hands of federal regulators rather than the state.

The ruling upholds a 2020 decision by U.S. District Judge Randolph Moss that the Environmental Protection Agency and the U.S. Fish and Wildlife Service violated the Endangered Species Act when the agencies approved Florida’s wetlands permitting program in 2020.

Earthjustice is representing the Center for Biological Diversity, Defenders of Wildlife, the Sierra Club, the Conservancy of Southwest Florida, the Florida Wildlife Federation, Miami Waterkeeper, and St. Johns Riverkeeper in the case.

“Florida tried a reckless scheme to fast-track the destruction of wetlands under Section 404 of the Clean Water Act,” said Tania Galloni, Earthjustice managing attorney for Florida. “Today, the appeals court confirmed that states can’t take shortcuts around federal environmental law.”

“I’m glad the court rejected Florida’s attempt to put industry over our treasured wildlife and wild places,” said Jason Totoiu, a senior attorney at the Center for Biological Diversity. “Florida’s wetlands and wildlife deserve all the protection they can get, especially in the face of continued attempts by the state to roll back environmental protections.”

“We applaud this ruling that secures our most foundational laws and protections as development threatens our wetlands. Wetlands are our ‘liquid gold,’ and they provide value to not only the plants and animals that live in these habitats, but also to all of us by cleansing and storing water,” said Amber Crooks, senior environmental policy advisor at the Conservancy of Southwest Florida.

“The court’s ruling today emphasizes what we already know: that wetlands are the lifeblood of Florida,” said Elizabeth Fleming, senior Florida representative at Defenders of Wildlife. “This decision protects crucial habitat for the world’s only population of the critically endangered Florida panther, as well as many other imperiled, rare and endemic species, like the Florida manatee and wood stork. When agencies follow the law, we all win, wildlife included.”

“This ruling strengthens our fight to protect Florida’s waterways and wildlife from a deeply flawed permitting regime. The court made clear that Florida’s 404 program was deficient — it lacked adequate safeguards, enforcement, and alignment with federal standards,” said Rachel Silverstein, executive director of Miami Waterkeeper. "Today’s decision restores critical protections for wetlands, endangered species, and the people who depend on clean water.”

"From panthers to wood storks, Florida’s wildlife needs the rich biodiversity that wetlands provide. This ruling is a win for species on the brink of survival and for all Floridians who value clean water, flood protections, and the wild places that define our state,” said Sarah Gledhill, president and CEO of Florida Wildlife Federation.