The Biden administration appeal ON 404 PERMITTING
The Biden administration is appealing a U . S . district judge ’ s ruling that rejected a move by the federal government to shift permitting authority to Florida for projects that affect wetlands . U . S . Department of Justice attorneys on Wednesday filed a notice that is a first step in appealing the ruling at the U . S . Circuit Court of Appeals for the District of Columbia . Florida also has filed a separate appeal of the ruling by U . S . District Judge Randolph Moss . Meanwhile , environmental groups that challenged the shift in permitting authority filed a notice of appeal this week . The groups , represented by the Earthjustice legal organization , are appealing parts of Moss ’ ruling that dismissed issues in the case . The lawsuit has been closely watched by business and environmental groups , as it affects permitting for a wide range of construction projects . The U . S . Environmental Protection Agency approved the transfer of the permitting authority to Florida in December 2020 , about a month before former President Donald Trump ’ s administration ended . The move made Florida only the third state , after Michigan
and New Jersey , to receive the permitting authority . Earthjustice filed the lawsuit in 2021 against the federal government on behalf of 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 . The state later intervened to defend the transfer . In a February ruling , Moss found that actions by the U . S . Environmental Protection Agency and the U . S . Fish and Wildlife Service in approving the shift violated the federal Endangered Species Act , and he vacated the transfer . In April , Moss issued a final judgment that cleared the way for appeals . In a June 3 court document , Justice Department attorneys said the federal government anticipated filing a notice of appeal to “ protect its right to appeal ” but indicated that might not be a final decision about challenging Moss ’ ruling .
6 DITCHMEN • JUNE 2024