Florida Loses Wetlands Permitting Case Again

Appeals court rules federal agencies must retain control over wetland destruction permits.

Mar. 31, 2026 at 9:07am

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In a major victory for environmental advocates, a U.S. Circuit Court of Appeals has ruled that Florida cannot take over the permitting process for wetland destruction under the Clean Water Act. The state had sought to assume control of this process, but the court found that the federal government must retain authority over these decisions to protect endangered species and their habitats.

Why it matters

This ruling is a significant setback for Florida's efforts to weaken environmental protections and fast-track wetland destruction for development. Wetlands play a crucial role in Florida's ecosystems, providing habitat for endangered species, filtering water, and protecting against flooding. Environmental groups have been fighting for years to keep wetland permitting under federal oversight.

The details

The appeals court upheld a previous district court ruling that the U.S. Environmental Protection Agency and U.S. Fish and Wildlife Service violated the law when they approved Florida's wetland permitting program in 2020. The state has under 90 days to appeal the decision, which could potentially reach the Supreme Court.

  • The appeals court ruling was issued on March 27, 2026.
  • Florida has been trying for years to assume control of wetland permitting under the Clean Water Act.

The players

Earthjustice

A non-profit environmental law organization representing several conservation groups in the case against Florida's wetland permitting program.

Florida Department of Environmental Protection (DEP)

The state agency that had sought to take over wetland permitting authority from the federal government.

U.S. Environmental Protection Agency (EPA)

The federal agency that originally approved Florida's wetland permitting program in 2020, a decision that was later overturned.

U.S. Fish and Wildlife Service

The federal agency that works to protect endangered species, whose authority was upheld in the court's ruling.

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What they’re saying

“The appeals court confirmed that the government can't take shortcuts around our bedrock federal environmental laws.”

— Christina Reichert, Attorney, Earthjustice

“This is great news for Florida's wetlands and the species that live in them.”

— Amber Crooks, Senior Policy Manager, Conservancy of Southwest Florida

“I'm glad the court sided with endangered wildlife instead of industry greed by keeping wetland permitting power at the federal level where it belongs.”

— Jason Totoiu, Attorney, Center for Biological Diversity

What’s next

The Florida Department of Environmental Protection has under 90 days to decide whether to appeal the decision to the Supreme Court.

The takeaway

This ruling is a major victory for environmental advocates in Florida, who have been fighting for years to maintain federal oversight of wetland protection. It highlights the ongoing tension between development interests and conservation efforts in the state, and the importance of the Endangered Species Act in safeguarding sensitive habitats.