Latest news with #FloridaDepartmentofEnvironmentalProtection


CBS News
30-07-2025
- Politics
- CBS News
Florida agency asks court to overturn judge's decisions on protecting manatees in northern Indian River Lagoon
Describing the case as having "exceptional importance," the Florida Department of Environmental Protection this week argued a federal appeals court should overturn decisions that required the agency to take a series of steps to protect manatees in the northern Indian River Lagoon. The department filed a 56-page brief and an accompanying motion to "expedite" the case at the 11th U.S. Circuit Court of Appeals. It is fighting a ruling by U.S. District Judge Carlos Mendoza that the department violated the federal Endangered Species Act and an order that included a moratorium on constructing and installing septic systems around the northern Indian River Lagoon, which is primarily in Brevard County. The brief disputes that the department, which in recent years gained permitting authority over septic systems, has violated the Endangered Species Act. Also, the brief contends the Florida Fish and Wildlife Conservation Commission — not the Department of Environmental Protection — is constitutionally responsible for wildlife-related issues. "This case is of exceptional importance because the district court's injunction compels the wrong agency to create new government programs and commandeers that same agency to enforce federal law," the brief said. The environmental group Bear Warriors United in 2022 filed the lawsuit against the department, after Florida had a record 1,100 manatee deaths in 2021, with the largest number, 358, in Brevard County. The lawsuit argued, in part, that sewage discharges into the lagoon led to the demise of seagrass, a key food source for manatees, and resulted in starvation deaths and other harm to the animals. Mendoza in April ruled the department violated the Endangered Species Act and followed in May with the order that included a moratorium on new septic tanks in the area and other measures, such as requiring the establishment of biomedical-assessment and supplemental-feeding programs for manatees in the area. Septic tanks discharge nitrogen that can cause harmful algae blooms in waterways. Also, Mendoza directed the state to seek what is known as an "incidental take" permit from the U.S. Fish and Wildlife Service. That process would include the state developing a conservation plan, which could provide "permanent protection and management of habitat for the species," according to information about such permits on the federal agency's website. The Department of Environmental Protection appealed to the Atlanta-based appellate court and unsuccessfully sought a stay that would have at least temporarily put Mendoza's order on hold. It followed on Monday with the 56-page brief. The brief raised a series of issues, including contending that Bear Warriors United did not have legal standing to pursue the case. "Plaintiff's theory of causation turns on a lengthy, convoluted and speculative chain of events in which DEP (the Department of Environmental Protection) issues permits for septic tanks, the tanks are installed and used by third parties, those septic tanks release excessive pollutants into the lagoon, the pollutants combine with preexisting legacy pollutants to harm manatees' food sources, the manatees are injured or killed from emaciation, and plaintiff's members then see the injured manatees and face injury to their recreational or business interests," the department's attorneys wrote. "This chain of causation far exceeds that of other ESA (Endangered Species Act) cases in which plaintiffs were found to have standing." Also, the brief contended that factors other than septic-tank discharges contributed to pollution in the waterway. "According to the allegations in the complaint (the lawsuit), significant amounts of nitrogen-containing untreated sewage have also been released within the past eight years as a result of Hurricanes Ian, Irma, and others and from damaged sewer lines," the brief said. "In each case, DEP took appropriate enforcement action against the municipalities responsible for those releases." But in ruling this spring, Mendoza said that under the agency's regulations, it would take at least a decade for conditions in the northern Indian River Lagoon to start to recover. "This is due to the previously and currently permitted discharge of legacy pollutants via wastewater into the north IRL (Indian River Lagoon)," Mendoza wrote. "These legacy pollutants caused the death of seagrasses — the manatee's natural forage — and the proliferation of harmful macroalgae. Legacy pollutants, as their name suggests, persist in the environment and cause harmful effects long after they have entered the system." Mendoza added, "What all this means is that FDEP would have to reduce nutrients entering the IRL to a low enough level and for a long enough time for nutrients to cycle out of the system to allow seagrasses to return at significant levels. Conversely, if FDEP does not reduce nutrient levels, there will continue (to) be harmful algal blooms and, in turn, no seagrass recovery and more manatee takings." After the 1,100 manatee deaths in 2021, the state had 800 manatee deaths in 2022, before the number dropped to 555 in 2023 and 565 in 2024, according to Florida Fish and Wildlife Conservation Commission data. As of July 18, 477 deaths had been reported this year, with the largest number, 95, in Brevard County. Manatees are classified by the federal government as a threatened species.

Miami Herald
21-06-2025
- General
- Miami Herald
Can you bury a body in the yard of your home? What Florida law says
For people who want to keep a loved one close to home, is it legal to have a backyard burial? Here's what Florida law says about humans and pets: Is burying a human in a home yard legal in Florida? There's no state law that prohibits burying a loved one on your property, according to Florida's Division of Funeral, Cemetery and Consumer Services. Florida statute lets families establish cemeteries of less than two acres that do not sell burial spaces or burial merchandise, according to Florida statute. KNOW MORE: Can you scatter human ashes anywhere you want in Florida? The law may surprise you What to know about home burials But before you start plotting the yard space and inviting the family to gather, take note: Cities may have local restrictions. 'Local ordinances and rules should be consulted to determine if this type of burial is permitted,' Florida's Division of Funeral, Cemetery and Consumer Services says. 'Before burying a body on private land or establishing a family cemetery, be sure to check local zoning rules,' adds Check your homeowner association rules, too. After all, some communities don't even allow pickup trucks in the driveway after 6 p.m., nevermind dead bodies pushing up the daisies. In addition, a licensed funeral director may be required to be present at the burial, the state's division of funeral services says. And a burial-transit permit may also be required in accordance with Florida Statutes 382.006. 'A funeral director who first assumes custody of a dead body or fetus must obtain a burial-transit permit before final disposition and within five days after death,' according to the statute. Two things to keep in mind: Your home destination should 'provide adequate access to allow for family members to visit the burial spaces,' according to the Florida division, but especially, 'the future sale of the property should also be considered as purchasers may be leery of buying property where human remains have been buried.' Can you bury your pet in your backyard? How you bury a deceased animal is regulated by the state. The Florida statutes says: 'Any owner, custodian, or person in charge of domestic animals, upon the death of such animals due to disease, shall dispose of the carcasses of such animals by burning or burying at least 2 feet below the surface of the ground.' Nothing in the statute prohibits turning over the animal's body to 'rendering companies licensed to do business' in Florida. Also, according to the state, 'it is unlawful to dispose of the carcass of any domestic animal by dumping such carcass on any public road or right-of-way, or in any place where such carcass can be devoured by beast or bird.' The Florida Department of Environmental Protection has a guidance document detailing how to properly 'dispose' of your pet. Among the details: In addition to the burial at least two feet below the ground's surface, the body should be above the water table. The Broward Bark blog adds that you should wrap the animal's body in plastic or a blanket but suggests you ought to turn to professionals like a veterinary or animal hospital service for the burial chore. 'It is not recommended to bury your dog in your backyard in Broward County, or any other location,' Broward Bark writes. 'In most places, it is illegal to bury dogs in residential areas, and it can also pose a health risk to other animals and humans. Instead of burying your dog in your backyard, you can have them cremated or buried at a pet cemetery.'
Yahoo
11-06-2025
- Politics
- Yahoo
Worker who leaked plans to build golf courses in Florida parks files whistleblower suit
TALLAHASSEE, Fla. (AP) — A former worker who leaked information about plans by Republican Gov. Ron DeSantis' administration to build golf courses and hotels in Florida state parks has filed a whistleblower lawsuit. James Gaddis alleges that the Florida Department of Environmental Protection retaliated against him for sharing details of the proposals, which caused bipartisan outrage and sparked protests. Ultimately the plans were scuttled. A spokesperson for the department declined to comment, saying the agency does not do so with pending litigation. Gaddis, who was a consultant in DEP's Office of Park Planning, says he was directed to draw up 'secret maps' to build golf courses, hotels and pickleball courts in nine parks. Park staffers were ordered not to talk to any colleagues about the proposals, which in Gaddis' view amounted to destroying 'globally significant' environments. The experience felt like 'mapping out a future crime scene,' according to the lawsuit, which was filed in Leon County. Gaddis copied documents onto a flash drive and shared it with an unnamed intermediary, the lawsuit says, and the next day the Tampa Bay Times wrote about the plans. Gaddis says he was called into a meeting by a supervisor and asked if he shared the documents, which he admitted to. He was put on administrative leave and later fired, and the suit says that amounted to disparate treatment and retaliation. The complaint seeks damages of at least $100,000. The Republican-dominated state Legislature has since passed a bill banning development in state parks, and DeSantis signed it into law. Gaddis started an online fundraiser to help cover expenses, with an initial goal of $10,000. As of June 11, it had brought in more than $258,000. ___ Kate Payne is a corps member for The Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.


Toronto Star
11-06-2025
- Politics
- Toronto Star
Worker who leaked plans to build golf courses in Florida parks files whistleblower suit
TALLAHASSEE, Fla. (AP) — A former worker who leaked information about plans by Republican Gov. Ron DeSantis' administration to build golf courses and hotels in Florida state parks has filed a whistleblower lawsuit. James Gaddis alleges that the Florida Department of Environmental Protection retaliated against him for sharing details of the proposals, which caused bipartisan outrage and sparked protests. Ultimately the plans were scuttled. A spokesperson for the department declined to comment, saying the agency does not do so with pending litigation. ARTICLE CONTINUES BELOW Gaddis, who was a consultant in DEP's Office of Park Planning, says he was directed to draw up 'secret maps' to build golf courses, hotels and pickleball courts in nine parks. Park staffers were ordered not to talk to any colleagues about the proposals, which in Gaddis' view amounted to destroying 'globally significant' environments. The experience felt like 'mapping out a future crime scene,' according to the lawsuit, which was filed in Leon County. Gaddis copied documents onto a flash drive and shared it with an unnamed intermediary, the lawsuit says, and the next day the Tampa Bay Times wrote about the plans. Gaddis says he was called into a meeting by a supervisor and asked if he shared the documents, which he admitted to. He was put on administrative leave and later fired, and the suit says that amounted to disparate treatment and retaliation. The complaint seeks damages of at least $100,000. The Republican-dominated state Legislature has since passed a bill banning development in state parks, and DeSantis signed it into law. Gaddis started an online fundraiser to help cover expenses, with an initial goal of $10,000. As of June 11, it had brought in more than $258,000. ___ Kate Payne is a corps member for The Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.


Winnipeg Free Press
11-06-2025
- Politics
- Winnipeg Free Press
Worker who leaked plans to build golf courses in Florida parks files whistleblower suit
TALLAHASSEE, Fla. (AP) — A former worker who leaked information about plans by Republican Gov. Ron DeSantis' administration to build golf courses and hotels in Florida state parks has filed a whistleblower lawsuit. James Gaddis alleges that the Florida Department of Environmental Protection retaliated against him for sharing details of the proposals, which caused bipartisan outrage and sparked protests. Ultimately the plans were scuttled. A spokesperson for the department declined to comment, saying the agency does not do so with pending litigation. Gaddis, who was a consultant in DEP's Office of Park Planning, says he was directed to draw up 'secret maps' to build golf courses, hotels and pickleball courts in nine parks. Park staffers were ordered not to talk to any colleagues about the proposals, which in Gaddis' view amounted to destroying 'globally significant' environments. The experience felt like 'mapping out a future crime scene,' according to the lawsuit, which was filed in Leon County. Gaddis copied documents onto a flash drive and shared it with an unnamed intermediary, the lawsuit says, and the next day the Tampa Bay Times wrote about the plans. Gaddis says he was called into a meeting by a supervisor and asked if he shared the documents, which he admitted to. He was put on administrative leave and later fired, and the suit says that amounted to disparate treatment and retaliation. The complaint seeks damages of at least $100,000. The Republican-dominated state Legislature has since passed a bill banning development in state parks, and DeSantis signed it into law. Gaddis started an online fundraiser to help cover expenses, with an initial goal of $10,000. As of June 11, it had brought in more than $258,000. ___ Kate Payne is a corps member for The Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.