Today, Everglades Law Center, on behalf of the National Audubon Society (Audubon), filed a reply brief related to our request for a preliminary injunction in our challenge of the Kingston Project.
Just before the end of the year, on December 23, 2025, Audubon filed a motion seeking a preliminary injunction to temporarily stay the effectiveness of the issued permit while our litigation is pending. Our motion also requested a hearing to fully brief the court on the critical need for injunctive relief.
The developer began construction in late 2025 in the southernmost portion of the project site, an area directly adjacent to and upstream of Corkscrew Swamp Sanctuary. A preliminary injunction would halt this construction during the course of the case. While not a permanent block of the project, this would prevent irreparable harm to the Sanctuary and the region’s ecosystems and wildlife while our case moves forward.
As of March 2026, ELC and Audubon are waiting for a ruling on our preliminary injunction motion.
Construction continues on the Kingston site, risking irreparable harm to the Sanctuary and the region. Regardless of the outcome of the preliminary injunction motion, we will continue fighting to protect and preserve South Florida’s ecosystems.
The lawsuit was filed against defendants the U.S. Army Corps of Engineers (the “Corps”) and the U.S. Fish and Wildlife Service (the “Service”) in the federal U.S. District Court for the Middle District of Florida against defendants the U.S. Army Corps of Engineers (the “Corps”) and the U.S. Fish and Wildlife Service (the “Service”). The lawsuit challenged the Project’s Clean Water Act (CWA) Section 404 permit, alleged numerous violations of federal environmental statutes, including the National Environmental Policy Act (NEPA), the Endangered Species Act (ESA), and the CWA. These violations occurred during the federal agencies’ review of the developer’s permit application, a process that requires a rigorous examination of a project’s impacts on the environment, including waters, wetlands, and threatened and endangered species.
For more information, see the timeline of important legal filings below:
- August 1, 2025; Audubon’s Complaint raising claims under the Clean Water Act (CWA), National Environmental Policy Act (NEPA), and Endangered Species Act, pursuant to the federal Administrative Procedure Act (APA)
- August 29, 2025; Audubon’s 60-day Notice Letter giving notice of claims under the Endangered Species Act (ESA)
- November 18, 2025; Audubon’s Amended Complaint adding claim pursuant to the ESA
- December 23, 2025; Audubon’s Motion for Preliminary Injunction (the PI Motion)
- January 16, 2026; The court issues an order granting the Kingston Project’s developer, CAM7-SUB, LLC (a division of the Cameratta Companies), leave to intervene in the case. The developer had filed a motion seeking to intervene on January 9, 2026.
- January 20, 2026; Federal Defendants’ Response in opposition to Audubon’s PI Motion
- January 23, 2026; The Association of Florida Community Developers’ Amicus Brief in support of Defendants’ Opposition to Audubon’s PI Motion
- January 30, 2026; Developer’s Response in opposition to Audubon’s PI MotionFebruary 6, 2026; Audubon’s Reply in support of its PI Motion