ELR Citation: 53 ELR 20190
No(s). 23-CV-20495-PAS (S.D. Fla. Dec 11, 2023) (Seitz, J.)

A district court granted in part summary judgment for environmental groups in a challenge to a National Park Service (NPS) agreement with Miami-Dade County to facilitate development of a waterpark, hotel, and retail area near the Miami Zoo. The groups argued NPS violated NEPA and the ESA by failing to undertake requisite environmental review and consultation before entering into the agreement, and sought to have it vacated. The court found that prior to execution of the agreement, the groups and FWS put NPS on notice that the development could adversely affect listed species and their habitat, yet NPS failed to consult with FWS prior to executing the agreement. Finding this to be a clear ESA §7(a)(2) violation, the court vacated and set aside the agreement.