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Keywords

plaintiffinjunctionendangered species act
endangered species act

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Florida Key Deer v. Stickney, 864 F.Supp. 1222, 39 ERC 1641

Facts

The plaintiffs, wildlife preservation groups, sought to compel FEMA to comply with the Endangered Species Act (ESA) by consulting with the U.S. Fish and Wildlife Service (USFWS) regarding the impact of the NFIP on the endangered Key deer in Monroe County, Florida. The Key deer population, which had previously declined to as few as 26 individuals, had seen some recovery but was still threatened by habitat destruction and human-related mortality. The NFIP, administered by FEMA, was alleged to encourage new development that further endangered the Key deer by impacting their habitat.

The endangered Florida Key deer is a geographically isolated subspecies of the Virginia white-tailed deer known to occur only on the islands of the Lower Keys within Monroe County, Florida.

Issue

Did FEMA violate the Endangered Species Act by failing to consult with the U.S. Fish and Wildlife Service regarding the impact of the National Flood Insurance Program on the endangered Key deer?

Did FEMA violate the Endangered Species Act by failing to consult with the U.S. Fish and Wildlife Service regarding the impact of the National Flood Insurance Program on the endangered Key deer?

Rule

Under Section 7(a)(2) of the Endangered Species Act, federal agencies must consult with the USFWS to ensure that their actions are not likely to jeopardize the continued existence of any endangered species.

Under Section 7(a)(2) of the Endangered Species Act, federal agencies must consult with the USFWS to ensure that their actions are not likely to jeopardize the continued existence of any endangered species.

Analysis

The court found that FEMA's failure to consult with the USFWS constituted a violation of the ESA, as the NFIP's administration was likely to impact the Key deer. The plaintiffs demonstrated standing by showing that they suffered injury due to the decline of the Key deer population, which was exacerbated by new development encouraged by the NFIP. The court emphasized that the procedural requirements of the ESA are designed to protect the interests of endangered species and that FEMA's actions had not complied with these requirements.

The court found that FEMA's failure to consult with the USFWS constituted a violation of the ESA, as the NFIP's administration was likely to impact the Key deer.

Conclusion

The court held that FEMA violated the Endangered Species Act and issued an injunction requiring FEMA to consult with the USFWS regarding the impact of the NFIP on the endangered Key deer.

Ordered accordingly.

Who won?

The wildlife preservation groups prevailed in the case because the court found that FEMA had violated the ESA by failing to consult with the USFWS, which was necessary to protect the endangered Key deer.

The wildlife preservation groups prevailed in the case because the court found that FEMA had violated the ESA by failing to consult with the USFWS.

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