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Keywords

injunctioncomplianceendangered species act
injunctionendangered species act

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Florida Key Deer v. Paulison, 522 F.3d 1133, 66 ERC 1225, 21 Fla. L. Weekly Fed. C 515

Facts

In 1984, the FWS determined that FEMA's administration of the NFIP jeopardized the Florida Key deer and other endangered species. After a series of consultations and legal actions, the Wildlife Organizations filed suit in 1990, leading to a 1994 ruling requiring FEMA to consult with the FWS. Following further consultations and findings that the NFIP continued to jeopardize listed species, the Wildlife Organizations challenged the adequacy of FEMA's compliance with the ESA, resulting in the district court's rulings in 2005.

In 1984, the FWS determined that FEMA's administration of the NFIP jeopardized the Florida Key deer and other endangered species.

Issue

Did FEMA comply with the consultation requirements of the Endangered Species Act in its administration of the National Flood Insurance Program, and was the injunction against issuing flood insurance for new developments justified?

Did FEMA comply with the consultation requirements of the Endangered Species Act in its administration of the National Flood Insurance Program, and was the injunction against issuing flood insurance for new developments justified?

Rule

Under section 7 of the Endangered Species Act, federal agencies must consult with the FWS to ensure their actions do not jeopardize endangered species or their habitats. This includes a requirement for agencies to consider the effects of their actions and to adopt reasonable and prudent alternatives proposed by the FWS.

Under section 7 of the Endangered Species Act, federal agencies must consult with the FWS to ensure their actions do not jeopardize endangered species or their habitats.

Analysis

The court found that FEMA had discretion in its administration of the NFIP and that its actions were a relevant cause of development threatening listed species. It ruled that FEMA's reliance on the FWS's recommendations without independent analysis was arbitrary and capricious, thus failing to meet ESA obligations. The court emphasized that FEMA's failure to adequately consult and consider the impacts of its actions warranted the injunction.

The court found that FEMA had discretion in its administration of the NFIP and that its actions were a relevant cause of development threatening listed species.

Conclusion

The court affirmed the district court's decision, holding that FEMA had not satisfied its obligations under the ESA and that the injunction prohibiting flood insurance for new developments in suitable habitats was justified.

The court affirmed the district court's decision, holding that FEMA had not satisfied its obligations under the ESA and that the injunction prohibiting flood insurance for new developments in suitable habitats was justified.

Who won?

The conservation groups prevailed because the court found that FEMA had failed to comply with the ESA's consultation requirements, which endangered listed species.

The conservation groups prevailed because the court found that FEMA had failed to comply with the ESA's consultation requirements, which endangered listed species.

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