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Court Ruling Protects Endangered Species in Florida Keys

(National Wildlife Federation)

A U.S. Circuit Court of Appeals ruled to uphold an injunction on April 1st, protecting endangered species and their habitat in the Florida Keys.  The Federal Emergency Management Agency (FEMA) was denied their appeal to overturn an injunction brought against them by the Florida Wildlife Federation, National Wildlife Federation, and Defenders of Wildlife.  Manley Fuller, president of the Florida Wildlife Federation said, "This decision is a big step in assuring this [Florida's] wildlife legacy is passed on to future generations."

The case, which began in 1990, was over FEMA's decision to issue flood insurance for new development in the Florida Keys.  After a court ruling in 1994, FEMA was forced to consult the U.S. Fish and Wildlife Service (FWS) on the Endangered Species Act.  FWS issued the opinion that the intended development threatened Florida Key deer and several other endangered species.  FEMA was instructed to create and propose alternate strategies that wouldn't place Florida's wildlife in harm's way, but in 2005 a court ruled that these proposals were insufficient and the injunction was put in place.  Three years later, FEMA's appeal has been denied and the injunction upheld.

"It has taken 18 years to achieve this victory for wildlife," said John Kostyack, executive director for wildlife conservation and global warming at the National Wildlife Federation.  "Looking beyond the Florida Keys, its sets the precedent that our federal agencies must look before they leap when their actions impact endangered species."

Habitat loss is a major factor in wildlife species declines, and the stress could become too much to bear when combined with impending upheaval from our changing climate.  "For species like the Key Deer, global warming will bring a new host of threats like more intense storms and rising sea levels," said Kostyack. "We need to begin implementing solutions to ensure a healthy future for both people and wildlife in the face of a changing climate."