Court: Foes of manatee rules may fight them

Environmentalists say they will also use the decision to challenge rules they oppose.

©Associated Press
January 17, 2003

TALLAHASSEE -- Critics of manatee and sea turtle regulations can file administrative challenges, the state Supreme Court ruled Thursday, rejecting an argument by environmental groups that such challenges could not be made.

But the losers aren't too upset.

That's because the unanimous decision means Save the Manatee Club, the Florida Wildlife Federation and others in the environmental community will also be able to challenge rules made by the Florida Fish and Wildlife Conservation Commission.

"We thought we'd be defending them . . . and now I think it's more likely that we're going to be challenging them," said David Guest, a lawyer for Earthjustice Legal Defense Fund who represented Save the Manatee Club and the Florida Wildlife Federation.

The groups and some of their officers went to court in 1998 arguing that regulations adopted by the fish and wildlife board weren't subject to administrative challenges. The trial judge agreed with them but the 1st District Court of Appeal overturned that decision and the groups appealed to Florida's high court.

The crux of the legal issue was whether the authority of the fish and wildlife board to protect endangered marine species was granted by the state Constitution or by lawmakers.

If constitutional, as the environmental groups argued, critics could not resort to the administrative challenge process set up by the Legislature to give people and organizations a way to challenge most state regulations.

In most ways, the seven-member conservation board is a constitutional entity with constitutional powers.

But the protection of manatees, sea turtles and sturgeon is an exception because the state Department of Environmental Protection also is responsible for regulation of endangered marine species, Justice Charles Wells wrote for the court.

Gary Perko, an attorney for the Marine Industries Association of Florida said his client was pleased with the ruling. "The only thing it really means is that interested people will be able to participate in the administrative process when any rules are adopted that affect endangered species," he said.

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