Florida’s Wetlands: A Legacy Undone by Ignorance

Here in Florida, every governmental agency and insurance company has long relied on The Florida Wetlands Delineation Manual, authored by Dr. John D. Tobe, to determine the landward extent of wetlands. This methodology was the standard in 2003 when I began my work with the Florida Department of Agriculture and Consumer Services, and it remained in use even after the Supreme Court’s Sackett v. EPA decision.

That is, until the “Deadly 7” plaintiffs found a D.C. District Judge who not only sided with them but seemed to revel in their ignorance of environmental wetland science — ignorance that WEL has repeatedly exposed in our blog posts from February through May 2024.

Now, the consequences are becoming clear.

According to E&E News by POLITICO, the EPA plans to dramatically reduce wetland protections. This rollback threatens the integrity of Florida’s ecosystems and undermines decades of sound science and policy.

EPA plans to dramatically reduce wetland protection - E&E News by POLITICO

It’s worth remembering that Michigan and New Jersey were delegated Clean Water Act Section 404 dredge-and-fill authority in 1994 and 2004, respectively. These states continue to authorize wetland activities under their own programs, and crucially, isolated wetlands in both states remain protected.

Florida could have followed a similar path — preserving its wetlands and the wildlife as well as the water quality they support — if not for the reckless momentum of the Deadly 7’s legal campaign.

WEL will continue to advocate for the restoration of wetland protections and the recognition of riparian rights that are foundational to Florida’s environmental and economic health.