US Circuit Court of Appeals nixes Florida’s request for a stay in a wetlands permitting fight

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.