By STAFF REPORTS
The U.S. Court of Appeals for the Eleventh Circuit on October 8 vacated the judgment and injunction in Bear Warriors United v. Florida Department of Environmental Protection, creating a path toward lifting the court-imposed septic moratorium affecting Brevard County.
The lawsuit alleged that DEP’s wastewater regulatory program damaged manatee habitat in the North Indian River Lagoon in violation of the Endangered Species Act. The district court’s decision relied on a federal definition of “harm” that included habitat degradation causing actual injury or death to wildlife. That definition was rescinded while the appeal was pending.
The appeals court returned the case to the district court to evaluate the effect of the regulatory change. The ruling sets aside the existing injunction but leaves the lawsuit unresolved. Look for updates from the Specifier as we continue to monitor this situation.
