Huge Win for Everglades Restoration
By Ed Dean
After a 4-year battle, the 11th Circuit Court of Appeals ruled in favor of the U.S. Army Corps of Engineers (“Corps”), affirming its approval of the Everglades Agricultural Area (“EAA”) Reservoir and Stormwater Treatment Area Project (“EAA Reservoir Project”).
“Environmental and civic groups, state and local governments, and advocates for Everglades restoration celebrated a major legal victory in federal court. This decision rejects the sugar industry’s attempt to delay or undermine the progress of Everglades restoration,” a statement from the Everglades Foundation said.
The challenge began in 2021 when the Okeelanta Corporation, United States Sugar Corporation, and the Sugar Cane Growers Cooperative of Florida, argued that the Corps violated the “Savings Clause” of the Water Resources Development Act of 2000 (“WRDA 2000”). This clause ensures Everglades restoration projects do not eliminate or transfer existing water supplies unless comparable sources are made available. The sugar industry contended that the EAA Reservoir Project should replace all water lost to it due to operational changes made in 2008 to the Lake Okeechobee regulation schedule—changes made to address public safety concerns unrelated to Everglades restoration.
The Everglades Foundation (EF) say the court decision confirms that the sugar industry’s interpretation of the Savings Clause—which would have required the Corps to offset all water supply reductions since 2000—is inconsistent with the law. The court affirmed that the clause applies only to water lost as a direct result of implementing Comprehensive Everglades Restoration Plan (“CERP”) projects, not to unrelated operational changes such as those made to protect public safety after Hurricane Katrina.
Environmental and conservation organizations point out that the EAA Reservoir Project is a cornerstone of CERP, designed to store and deliver freshwater to the Everglades and Florida Bay while reducing harmful discharges to coastal estuaries.
These groups have said that if the sugar industry’s claims had prevailed, the primary function of the EAA Reservoir could have been altered to prioritize agricultural water supply, undermining its environmental benefits and threatening the progress of Everglades restoration.
Environmental groups warned that this outcome would have jeopardized decades of restoration efforts, potentially diverting billions of dollars away from critical projects while leaving little water for the environment. “Today’s decision ensures that the EAA Reservoir will fulfill its intended purpose—restoring water flows to the Everglades and protecting Florida’s coastal communities,” said Lisa Interlandi, Policy Director of the Everglades Law Center.
There were many coalitions involved with the suit. The Everglades Amici, represented by the Everglades Law Center, played a vital role in defending this case. This coalition includes 11 environmental, civic, and governmental organizations – Captains for Clean Water, the Everglades Foundation, the Sanibel Captiva Conservation Foundation, the Sanibel-Captiva Islands Chamber of Commerce, the City of Stuart, The City of Sanibel, The City of Lake Worth Beach, Islamorada, Village of Islands, the Islamorada Chamber of Commerce, The Florida Keys Fishing Guides Association, and Florida Bay Forever. Their Amicus Curiae brief highlighted the environmental harm caused by current water management practices and the critical role of the EAA Reservoir Project in reversing these impacts.
Looking ahead, the Everglades Foundation say this ruling clears the way for the Corps to continue its work on the EAA Reservoir Project and other CERP initiatives without being encumbered by unfounded claims. It also sets a critical precedent, ensuring that future restoration projects can proceed without being derailed by demands to guarantee water supplies for private interests against unrelated losses.
For decades, the Everglades ecosystem has suffered from disrupted water flows, harming wildlife, communities, and Florida’s iconic landscapes. This victory is a pivotal step toward reversing these impacts and achieving the long-term vision of a restored Everglades.
