From Bear Warriors United
In a powerful legal milestone for environmental protection and wildlife, Bear Warriors United has won its federal lawsuit against the Florida Department of Environmental Protection (FDEP). The U.S. District Court for the Middle District of Florida ruled the FDEP violated the Endangered Species Act and must now take corrective action.
Judge Carlos E. Mendoza granted injunctive relief and directed the State of Florida to apply for an Incidental Take Permit—essentially federal permission to “take” (kill or harm) manatees incidental to otherwise lawful activity—forcing the state to publicly acknowledge its role in the ongoing manatee die-off in the North Indian River Lagoon due to the State’s over-permitting and underenforcement of both treated and untreated wastewater sewer discharges into the lagoon.
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“This is a true David vs. Goliath victory,” said Katrina Shadix, Executive Director of Bear Warriors United. “We fought for the manatees—and we won.”
This ruling is a not only a milestone for manatee welfare but the foundation for returning the Indian River Lagoon to a healthy and thriving ecosystem.
The Case: A Fight for Survival in the Indian River Lagoon
Bear Warriors United sued the FDEP in 2022. The organization alleged that the state violated the Endangered Species Act by failing to remediate the effects of regulated sewage runoff into the Indian River Lagoon. This pollution caused the catastrophic collapse of seagrass, the primary food source for manatees, and led to widespread starvation and death. In Judge Mendoza’s ruling, he agreed with and cited the opinion of expert witness, Dr. Peter Barile, that “extensive nutrient loading and pollution to the North IRL is continuing to result in significant habitat modification and/or reduction that would harm manatees by destroying seagrasses- their primary food source.
Bear Warriors United presented evidence showing how decades of unchecked development and pollution have devastated the manatee population. The lawsuit is the first of its kind to successfully hold FDEP accountable under the Endangered Species Act.
By requesting Incidental Take Permits, Bear Warriors United has now forced the state to acknowledge that its actions and negligence continue to result in the illegal killing of a federally protected species.
A National Precedent
This ruling sets a national precedent: no state agency is above the Endangered Species Act, even when it comes to regulating itself. The decision signals a turning point for environmental enforcement in Florida and across the country.
“Florida’s manatees can’t speak for themselves—but Bear Warriors United just roared on their behalf,” said Katrina Shadix. “This case is about stewardship of all that is cherished in the IRL; healthy water, healthy seagrass, healthy manatees and healthy people. It is only when the diverse agencies and peoples responsible for all these components collaborate that this health will be ensured. This case is a massive step forward to realizing that goal.”
Bear Warriors United is a grassroots nonprofit organization dedicated to the protection of Florida’s wildlife through advocacy, education, and litigation. With a mission to hold polluters and policymakers accountable, the group stands at the forefront of environmental justice in Florida.
