UPDATE ON FLORIDA'S ASSUMPTION OF THE FEDERAL 404 PERMITTING PROGRAM

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A federal court order was issued just before midnight on Feb. 15, 2024, divesting, at least for now, DEP of its authority to issue State 404 Program permits in Florida. Consequently, all activity under the State 404 Program is paused until further order of the court. DEP is currently evaluating any and all legal options in light of the court’s order. As an initial step to limit this disruption, DEP filed a motion seeking a partial stay so Florida may continue to process the applications that would not affect any listed species.  Unless stayed, the court’s ruling will disrupt pending permit applications, including those associated with the restoration of America’s Everglades and critical infrastructure projects for a more resilient Florida.

- Updated Feb. 27, 2024

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The following class description will remain in place until it is ultimately decided  whether the…