May 2024 FloridAgriculture e-Newsletter
On February 15, 2024, the U.S. District Court for the District of Columbia issued an order that nullified the U.S. Environmental Protection Agency’s (EPA) approval of Florida’s application to take over permitting authority from the U.S. Army Corps of Engineers (USACE) under Section 404 of the Clean Water Act (CWA) within the state. The court’s decision was based on allegations that the federal defendants violated the Administrative Procedure Act (APA) and the Endangered Species Act (ESA) during the approval process, which occurred in the final days of the Trump administration.
Under the ESA, any action that might harm endangered species requires consultation with the U.S. Fish and Wildlife Service (FWS) to ensure the action does not jeopardize the species’ existence. When Florida assumed the 404-permitting program, there was no clear process for ESA consultation. To address this, the EPA and FWS conducted a programmatic consultation resulting in a biological opinion (BiOp) and incidental take statement (ITS) meant to protect future permittees from ESA liability.
However, the court found this process deficient, particularly because it lacked species-specific analysis and numerical take limits as well as determined that the technical assistance process proposed by the defendants was not a lawful substitute for ESA procedures. Consequently, the court ordered the vacating of EPA’s approval of Florida’s assumption application, effectively reverting permitting authority to USACE until further resolution.
The ruling would affect pending and future permits, significantly impacting Florida’s environmental regulation landscape. The court acknowledged potential disruption but emphasized the importance of complying with ESA requirements. It was uncertain how state and federal agencies would respond, but the decision underscores the complexity and sensitivity of environmental permitting processes, especially concerning endangered species protection.
On February 26, shortly after the Court ruled to vacate Florida’s permitting authority, the Florida Department of Environmental Protection (FDEP) filed a motion for a partial stay, which would allow for the state to process the 1,500 permits without an ESA designation. Of those permits, around 90% would be allowed if the stay was granted and could move forward through FDEP. The preceding judge called for a conference regarding the issue on April 4th in Washington D.C., and on April 12th, Judge Randolph Moss issued an order to deny FDEP’s motion for a stay. As a result, Florida quickly launched an appeal to challenge the decision by U.S. District Judge Moss at the U.S. Circuit Court of Appeals for the District of Columbia. It is uncertain whether FDEP will regain authority to issue 404 permits again, but in the meantime, all pending and future 404 permits will be processed by USACE.
On April 2, the U.S. Environmental Protection Agency (EPA) announced changes to the pesticide labeling requirements of chlorpyrifos, diazinon, and malathion. Additionally, the EPA committed to issuing Endangered Species Protection Bulletins that set geographic limitations for these organophosphate insecticides, which will be available on Bulletins Live! Two.

Sharma and the Wilkersons’ combined expertise has developed a better understanding of what works for corn. Their partnership exemplifies
For the last decade, FFBF has been receiving complaints from our active membership in the Panhandle and surrounding counties about substantial crop losses due to deer depredation. These losses are a direct result from urban encroachment, forcing wildlife onto rural agricultural landscapes, poor management practices by the Florida Fish and Wildlife Conservation Commission (FWC), as well as strict rules implemented by FWC that disallow harvest rates and practices that help to manage a healthy and harmonious population of deer within the landscape.
Dallas Hull grew up in New Smyrna Beach where she was involved in her local 4-H and FFA programs. Her father was a Volusia County Fair Association Director during Hull’s childhood, which led to her involvement showing livestock at the county fair. She has always been around agriculture in some facet, and over the last few years, has truly grown into a strong advocate and leader in her county.
Taste of Volusia is a 

Matt and Blaire Fisher grew up in Florida’s Panhandle. Blaire grew up in Jackson County and Matt in Washington County, and the couple currently reside in Matt’s hometown of Chipley. Together, they have two sons; Brett and Brody.
By J. Scott Angle
Part of the future was in the room. Scores of blue-jacketed