ELR Citation: 55 ELR 20125
No(s). 25-12873 (11th Cir. Sep 4, 2025)

The Eleventh Circuit, 2-1, granted the federal government's motion to stay a district court's preliminary injunction in a lawsuit concerning construction and operation of a mass immigrant detention and deportation camp in the Florida Everglades. Environmental groups had argued construction and operation of the project without environmental review violated NEPA, and sought to enjoin the state of Florida and the federal government from developing or using the site as a detention camp until the government complies. The district court granted a preliminary injunction, barring Florida and the federal government from engaging in additional construction and ordering the removal of fencing, lighting, and utilities that were installed to support it. The government moved to stay the injunction pending appeal. The appellate court found the government was likely to succeed on the merits of its appeal because no federal dollars had been expended on construction or use of the facility so it did not constitute a "major federal action," that the government showed it would suffer irreparable harm absent a stay, and that the injuries to the government and the public were critical, immediate, and concrete and favored a stay. It stayed further merit proceedings until resolution of the appeal.