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Urge Congress to Protect Wetlands

Congress is trying to reinstate Florida’s ability to issue “dredge and fill” permits, which was previously struck down by the courts for failing to protect wetlands and wildlife. 

Section 404 is the Clean Water Act’s wetland protection tool—it requires a permit before dredged or fill material can be discharged into regulated waters and wetlands. In the face of rapid development in Florida, Section 404 is one of the strongest tools we have to stop destructive projects before they damage our wildlife habitat forever.

In 2020, the Environmental Protection Agency (EPA) approved Florida’s request to assume authority over Section 404 permitting. FWF, along with other conservation organizations, filed a lawsuit arguing that the program failed to adequately evaluate the impact on Florida’s waters and wildlife. In February 2024, a federal judge ruled that this approval was unlawful, stating that it violated the Endangered Species Act and Administrative Procedure Act. This returned federal authority, a strong win for wetland and species protections.

Despite the court decision, Congress is considering approving a policy rider in Section 469 of the unrelated House Interior/EPA Appropriations Bill, which would make Florida’s control over Section 404 permits permanent—effectively overriding the court’s ruling and returning authority to the state without addressing the program’s flaws. 

Why is this a dangerous mistake? This move threatens to: 

  • Eliminate federal oversight with the associated public input and consultation requirements, leaving the state agency (FDEP) solely responsible for approving potentially harmful projects.
  • Weaken protections for wetlands and endangered species, making it easier to damage vital habitats.
  • Undermine the courts, ignoring a federal judge’s ruling that Florida’s program was unlawful because it failed to properly consider endangered species.

Restoring Florida’s unlawful 404 program through a backdoor policy would not only put wetlands and wildlife at risk—it would also undermine the rule of law by ignoring a federal court’s ruling. 

Tell your Congressional Representative: protect our wetlands. Do not allow Florida’s unlawful assumption of Section 404 permitting become law. Our wildlife and the habitat they depend on can’t afford weaker protections.