Florida Marine Contractors v. Williams
United States District Court for the Middle District of Florida
378 F. Supp. 2d 1353 (2005)
- Written by Deanna Curl, JD
Facts
To protect marine mammals from manmade threats, including protecting manatees that had been run down by motorboats in unregulated waters, Congress passed the Marine Mammal Protection Act (MMPA) in 1972. A group of landowners, marine contractors, and an industry association for marine contractors (the boating groups) (plaintiffs) sought state permits to construct docks on Florida’s inland waterways. State authorities forwarded the applications to the Army Corps of Engineers (the corps), which determined that the permits posed a threat to Florida manatees, a protected species under the Endangered Species Act (ESA), and consulted with the United States Fish and Wildlife Service (the service). The service determined that the permits were prohibited by the MMPA because recreational motorboats using the docks would cause incidental takings of Florida manatees and have a more-than-negligible impact on the manatees. The service determined that the permits therefore did not fall within an exception to the MMPA’s moratorium on incidental-taking permits. The boating groups challenged the service’s determination, arguing that the service lacked the authority to deny the dock permits because the MMPA did not apply to takings caused by recreational activities on inland state waters.
Rule of Law
Issue
Holding and Reasoning (Moody, J.)
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