Yesterday, environmental and civic groups, state and local governments, and advocates for Everglades restoration celebrated a major legal victory in federal court. The 11th Circuit Court of Appeals ruled in favor of the U.S. Army Corps of Engineers (“Corps”), affirming its approval of the Everglades Agricultural Area (“EAA”) Reservoir and Stormwater Treatment Area Project (“EAA Reservoir Project”). This decision rejects the sugar industry’s attempt to delay or undermine the progress of Everglades restoration.
The challenge, initiated in 2021 by Okeelanta Corporation, United States Sugar Corporation, and the Sugar Cane Growers Cooperative of Florida, argued that the Corps violated the “Savings Clause” of the Water Resources Development Act of 2000 (“WRDA 2000”). This clause ensures Everglades restoration projects do not eliminate or transfer existing water supplies unless comparable sources are made available. The sugar industry contended that the EAA Reservoir Project should replace all water lost to it due to operational changes made in 2008 to the Lake Okeechobee regulation schedule—changes made to address public safety concerns unrelated to Everglades restoration.
Significance of the Ruling
This decision confirms that the sugar industry’s interpretation of the Savings Clause—which would have required the Corps to offset all water supply reductions since 2000—is inconsistent with the law. The court affirmed that the clause applies only to water lost as a direct result of implementing Comprehensive Everglades Restoration Plan (“CERP”) projects, not to unrelated operational changes such as those made to protect public safety after Hurricane Katrina.
The Stakes for Everglades Restoration
The EAA Reservoir Project is a cornerstone of CERP, designed to store and deliver freshwater to the Everglades and Florida Bay while reducing harmful discharges to coastal estuaries. If the sugar industry’s claims had prevailed, the primary function of the EAA Reservoir could have been altered to prioritize agricultural water supply, undermining its environmental benefits and threatening the progress of Everglades restoration.
Environmental groups warned that this outcome would have jeopardized decades of restoration efforts, potentially diverting billions of dollars away from critical projects while leaving little water for the environment. “Today’s decision ensures that the EAA Reservoir will fulfill its intended purpose—restoring water flows to the Everglades and protecting Florida’s coastal communities,” said Lisa Interlandi, Policy Director of the Everglades Law Center.
Broad Coalition Stands Behind Everglades Restoration
The Everglades Amici, represented by the Everglades Law Center, played a vital role in defending this case. This coalition includes 11 environmental, civic, and governmental organizations – Captains for Clean Water, the Everglades Foundation, the Sanibel Captiva Conservation Foundation, the Sanibel-Captiva Islands Chamber of Commerce, the City of Stuart, The City of Sanibel, The City of Lake Worth Beach, Islamorada, Village of Islands, Islamorada Chamber of Commerce, The Florida Keys Fishing Guides Association, and Florida Bay Forever. Their Amicus Curiae brief highlighted the environmental harm caused by current water management practices and the critical role of the EAA Reservoir Project in reversing these impacts.
“The court’s decision reaffirms the intent of Congress in passing WRDA 2000,” said Ansley Samson of the Everglades Law Center. “The Savings Clause was never meant to serve as an insurance policy for the sugar industry at the expense of Everglades restoration.”
Looking Ahead
This ruling clears the way for the Corps to continue its work on the EAA Reservoir Project and other CERP initiatives without being encumbered by unfounded claims. It also sets a critical precedent, ensuring that future restoration projects can proceed without being derailed by demands to guarantee water supplies for private interests against unrelated losses.
For decades, the Everglades ecosystem has suffered from disrupted water flows, harming wildlife, communities, and Florida’s iconic landscapes. This victory is a pivotal step toward reversing these impacts and achieving the long-term vision of a restored Everglades.
For more information, please contact:
- Lisa Interlandi – lisa@evergladeslaw.org
- Ansley Samson – ansley@evergladeslaw.org
The Everglades Law Center is a not-for-profit organization dedicated to advocating, negotiating, and litigating to protect and restore the South Florida ecosystem.
From Our Clients
“Justice for Everglades restoration has been realized. The appellate court has further legitimized the importance of the EAA Reservoir to the restoration of America’s Everglades. The scientific and legal process has been found to be sound and accurate. On top of this tremendous result, the court determined the sugar industry’s lawsuit to be both meritless and “strange.” We agree. The EAA Reservoir will send clean freshwater south to benefit the public’s resources that drive our economy. The Everglades Foundation is grateful for the unwavering support of Florida’s bipartisan congressional delegation who fight each year to secure funding for the Everglades.” – Eric Eikenberg, Chief Executive Officer, The Everglades Foundation
The Sanibel-Captiva Conservation Foundation
“This is a huge win for America’s Everglades and our coastal estuaries that are dependent on the EAA Reservoir to provide restorative flows to the River of Grass and meaningful relief from damaging flows from Lake Okeechobee.
Our coastal estuaries have experienced real, measurable, harm from the high-volume releases from the lake. Over the past two and half decades, the Caloosahatchee estuary and our coastal ecosystems have endured substantial impacts to seagrasses and oyster habitats and the fisheries that depend on them. These losses have also had a direct impact on our local economy. The EAA Reservoir is essential for reducing those damaging discharges to the Caloosahatchee and St. Lucie estuaries and moving that water south where it is desperately needed. This ruling will allow the Corps, the State of Florida, and other state and federal agencies to complete this project and provide the essential relief that our coastal communities are depending on. ” – James Evans, CEO, Sanibel-Captiva Conservation Foundation
Sanibel and Captiva Chamber of Commerce
“Our members and businesses depend on clean water and a healthy environment. This ruling ensures that the benefits of Everglades restoration will support sustainable tourism and resilient communities.” – John Lai, President & CEO, Sanibel and Captiva Chamber of Commerce
“The appellate court just rejected Big Sugar’s absurd claim that growing sugarcane in the middle of the Everglades is somehow more important than protecting the Everglades and South Florida from toxic discharges. This ruling clears the way to complete and operate the Everglades Reservoir as it was intended—to protect the coasts of Florida from damaging discharges by cleaning Lake Okeechobee water and sending it south to rehydrate the Everglades and Florida Bay.” – Capt. Daniel Andrews, Executive Director & Co-Founder, Captains For Clean Water
Islamorada Chamber of Commerce
“The Islamorada Chamber of Commerce is thrilled with the court’s decision. The Everglades are our backyard, and this ruling is truly wonderful news for the Florida Keys. Restoring clean freshwater flow is not only vital to our environment, but also to the economy that sustains our community.” – Judy Hull, Executive Director, Islamorada Chamber of Commerce
Florida Keys Fishing Guides Association
“The court’s decision is a victory for the Everglades and the Florida Keys fishing community. It ensures the EAA Reservoir Project will restore vital water flows, protecting our fisheries, the health of Florida Bay, and the future of our industry.” – Captain Ted Wilson, Commodore, Florida Keys Fishing Guides Association
Islamorada, Village of Islands
“Everglades restoration is vital to the sustainability of Islamorada’s environment and economy. This decision ensures that restoration projects will benefit communities and ecosystems as intended.” – Mayor Sharon Mahoney, Islamorada, Village of Islands