The headline said it all: “Florida Department of Environmental Protection says it’s not responsible for manatee protection.”
The story detailed legal filings in which the DEP (“Don’t Expect Protection”) “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 is challenging a ruling by U.S. District Judge Carlos Mendoza, who found it in violation of the federal Endangered Species Act and issued an order that, among other things, required the DEP to seek an "incidental take" permit from the U.S. Fish and Wildlife Service, which would require the state to devise a manatee protection plan. The judge also put a moratorium on new septic tanks in the northern Indian River Lagoon.
The DEP’s challenge alleges, among other things, that the Florida Fish and Wildlife Conservation Commission is constitutionally responsible for wildlife-related issues, not the DEP.
To quote the DEP’s brief: “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.
We’ll leave it to the lawyers to parse this claim, but suffice to say: So it goes in Florida, where a key government agency is made aware of a grievous environmental problem, and doesn’t rush to help — but rushes to offload responsibility elsewhere.
Why do we fight for change? Because as stories like this make clear — change is grievously needed.
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