A federal judge has ruled that a lawsuit against the Florida Department of Environmental Protection (FDEP), alleging its failure to adequately regulate wastewater discharges contributed to manatee deaths in the Indian River Lagoon, will proceed to trial.
U.S. District Judge Carlos Mendoza rejected the state’s attempt to dismiss the lawsuit, filed in 2022 by the environmental group Bear Warriors United. The lawsuit claims the FDEP’s inadequate regulation of sewage treatment plants and septic systems has led to excessive nitrogen discharges into the lagoon, fueling harmful algal blooms that have decimated seagrass beds crucial to manatee survival.
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The Indian River Lagoon suffered a devastating loss of seagrass, a primary food source for manatees, leading to a record number of manatee deaths in 2021, with many attributed to starvation. While manatee deaths have decreased in subsequent years, the lawsuit argues that the FDEP’s regulatory regime continues to pose an “ongoing risk” to the threatened species.
Judge Mendoza acknowledged the link between wastewater discharges, seagrass loss, and manatee deaths, but stated that a trial is necessary to determine whether the FDEP’s actions constitute an ongoing violation of the Endangered Species Act.
“The only remaining issue of fact for the jury is whether there is an ongoing risk of manatee takings under FDEP’s regulatory regime,” Mendoza wrote in his order.
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Bear Warriors United argues that the FDEP has been aware of the harmful effects of nitrogen discharges for decades and has failed to take sufficient action to protect the lagoon and its manatee population.
The state, however, maintains that it has taken steps to address the issue and disputes that its actions violate the Endangered Species Act. They argue that the FDEP has worked diligently to restore the impaired water body and that their actions are not the proximate cause of harm to manatees.
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The lawsuit focuses on the northern stretch of the Indian River Lagoon, from the Melbourne Causeway in Brevard County to Turnbull Creek in southern Volusia County, an area that experienced significant seagrass loss and manatee deaths.
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