Court Rejects Stay in Wetlands Fight
TALLAHASSEE — Rejecting arguments by Florida and business groups , an appeals court Monday refused to put on hold a U . S . district judge ’ s ruling in a battle about permitting authority for projects that affect wetlands .
A three-judge panel of the U . S . Circuit Court of Appeals for the District of Columbia issued an order that said Florida “ has not satisfied the stringent requirements for a stay ” while an appeal of U . S . District Judge Randolph Moss ’ ruling plays out . The order did not provide further explanation .
The case , which is closely watched by business and environmental groups , stems from a 2020 decision by the federal government to shift permitting authority to the state for projects that affect wetlands . Moss in February ruled 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 .
Moss vacated the approval of the transfer of authority and in April issued a final judgment that cleared the way for Florida to appeal . Also , the state asked for a stay of Moss ’ ruling while the appeal moves forward .
In a motion seeking the stay , Florida pointed to what it called “ irreparable injuries ” if Moss ’ ruling was not put on hold .
4 DITCHMEN • MAY 2024