Endangered Species Law & Policy

According to Ryan McCarthy with KeysNet (June 27, 2012), the County Commission in Monroe County, Florida has agreed to take responsibility for reviewing permits for new development within the county to ascertain whether such development is likely to affect species listed as threatened or endangered under the federal Endangered Species Act.  The County took this action to avoid suspension of the National Flood Insurance Program (NFIP) there by the Federal Emergency Management Agency (FEMA).  Monroe County was the locus of the first lawsuit under the Endangered Species Act (ESA) brought against FEMA for failure to consult with federal wildlife agency officials regarding the impacts of the NFIP on listed species.  All federal agencies are required to consult with federal wildlife agency officials under section 7(a)(2) of the ESA whenever they authorize, fund, or carry out activities that may affect listed species.  A number of courts have since held that FEMA's implementation of the NFIP is subject to the requirements imposed under section 7(a)(2) though FEMA has refused to proactively comply with those requirements.