ELR Citation: 54 ELR 20133
No(s). 6:22-cv-2048-CEM-LHP (M.D. Fla. Sep 18, 2024) (Mendoza, J.)

A district court denied the Florida Department of Environmental Protection's (FDEP's) motion to dismiss a lawsuit concerning its alleged failure to appropriately regulate sewage discharge into a northern part of the Indian River Lagoon. A nonprofit group argued FDEP's insufficient regulation led to the disappearance of food sources for the threatened West Indian manatee, thus constituting an unlawful "take" in violation of the ESA. FDEP moved to dismiss for lack of subject matter jurisdiction and failure to state a claim. The court found the alleged injury—harm to manatees—was fairly traceable to FDEP's conduct—failure to use its authority to regulate sewage—and that the Department's conduct could be the proximate cause of the alleged violation. It denied FDEP's motion to dismiss.