Feds Still Weighing Wetlands Case Appeal
By Jim Saunders
TALLAHASSEE — The Biden administration said Monday it is still deciding whether to appeal a U . S . district judge ’ s ruling that the federal government improperly shifted permitting authority to Florida for projects that affect wetlands .
U . S . Department of Justice attorneys also urged a federal appeals court to reject a request by Florida to expedite handling of the case . While the Justice Department has not decided whether to appeal , Florida in April launched its own appeal of the ruling by U . S . District Judge Randolph Moss .
In a court filing , Justice Department attorneys said U . S . Solicitor General Elizabeth Prelogar is responsible for deciding whether to challenge Moss ’ ruling at the U . S . Circuit Court of Appeals for the District of Columbia and “ has not yet decided whether to authorize an appeal in this case .” The Justice Department faces a June 11 deadline to submit a notice of appeal — but even that might not determine whether federal officials go through with an appeal , the filing indicated .
“ While the United States anticipates filing a notice of appeal on June 11 to protect its right to appeal , the solicitor general ’ s decision-making process may continue past that date ,” Justice Department attorneys wrote .
Pushing back against Florida ’ s request for expedited handling of the case , the Justice Department attorneys added , “ Florida should not be permitted to short-circuit a decision-making process whose prudential and institutional value has long been recognized .”
The case 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 ,
20 DITCHMEN • MAY 2024