U.S. EPA to Decide On Wetland Destruction Proposal in December
By: Conservancy Of Swfl
Tags: Politics, Wetlands, Wildlife, Florida

By Amber Crooks, Environmental Policy Manager

Florida is the nations’ third most populous state and includes some of the fastest-growing regions in all the nation. As Florida and its residents grapple with a never-ending onslaught of growth and development, protection for Florida’s natural resources should be strengthened, not further weakened.

This week, a critical decision will be made that will impact the future of Florida.

What Is Proposed

A key component in the ability to appropriately protect environmental resources, and balance growth and development, lies in the hands of the U.S. Environmental Protection Agency (EPA).

Unfortunately, the agency is primed to decide whether or not to grant the Florida Department of Environmental Protection (FDEP) permitting authority of Clean Water Act Section 404 program by December 17, 2020.

If approved, the program would have an effective date of January 19, 2021.

Why Wetlands Are Vitally Important

Florida’s wetlands are vital to maintaining our unique ecosystems. Wetlands store excess water after heavy rainfall and serve as protective buffers against intense storms. Wetlands naturally restore water quality and treat the agricultural and stormwater runoff which fuels toxic algae blooms. A myriad of rare and protected plants and animals reside in Florida wetlands.

What Is At Stake Under Assumption

Under the status quo, where the development proposals are considered by local, state, and federal levels, Florida has already seen extreme growth pressure. If EPA gives the OK, FDEP will take over the central federal role in permitting destructive wetland development projects. This will fast-track and expedite the development of Florida’s most treasured landscapes.

Removing the federal agency from the process means removing protective laws from consideration. It removes the checks and balances we need in overseeing requests for new communities, new roadways, and new mines.

It would also remove tools that have advanced wetland preservation in our area, such as the National Environmental Policy Act (NEPA). For example, in 2011, at the same time that FDEP was issuing permits for over 10,000 acres of proposed mines in Lee and Collier counties, the federal wetland agency utilized NEPA to pump the brakes on these environmentally damaging proposals.

Under assumption, not only will many federal protective laws, like NEPA, fall away, but citizens and the environmental community will have a tougher burden to bear when challenging bad permitting decisions, essentially making 404 assumption an early holiday gift for private developers in our state.

What Other States Are Doing

The last time the EPA considered such a proposal was nearly 30 years ago. To date, only Michigan and New Jersey have assumed the Clean Water Act “dredge and fill” permit program, and to much cost, controversy, and trouble.

Florida is third in the nation for the number of protected species, as our state is a unique and biodiverse place. Florida has over 130 listed species that are teetering on the edge of extinction. This, as compared to Michigan with its 26 listed species and New Jersey with its 16 species. This is important, as transfer of the program to the state would also impact the way that development’s impacts on wildlife are evaluated by the agencies.

Assumption Has Not Been Sufficiently Evaluated

In the rush to pave the way for 404 assumption, the agencies have pushed forward a barebones review of how the proposal will impact listed species, resolving to move forward now but ask questions later. They have concluded that extinction will not occur, but have not actually evaluated the impacts of future development permits.

Under the current system, Southwest Florida has the most endangered species reviews in the entire state of Florida, due in part to the presence of our rare species, but also due to growth pressures in our region.

Figure from FDEP’s “ESA Biological Assessment for Clean Water Act 404 Assumption by the State of Florida” dated August 2020

The 404 assumption process will undoubtedly negatively impact our wildlife, as well as our sensitive wetlands, water quality, and water resources.

Florida Cannot Afford Assumption

Despite having the third most endangered species in the nation, and despite being a state with more wetlands than any other in the continental United States, the FDEP has continued to assert that the state will be able to take on these hefty burdens without any additional funding. And now, due to the COVID-19 pandemic, the state of Florida finds itself with a shortfall in excess of $5 billion dollars.

Our Commitment

The Conservancy is dedicated to continuing to fight this proposal and working to safeguard our wetlands. Stay tuned for more information about this critical issue.