A critical legal battle initiated by sugar companies against the Army Corps of Engineers reached its conclusion in March, with the 11th Circuit Court issuing a unanimous ruling in favor of the Corps.
The case began in 2021 when sugar industry interests filed a legal challenge, arguing that Everglades restoration efforts must fully protect agricultural water supplies at levels dating back to December 2000 (also known as the “Savings Clause”), regardless of the cause of any water reduction. Their position was that unless these historic supply levels were guaranteed, projects like the EAA Reservoir and Stormwater Treatment Area should not move forward.
However, the 11th Circuit found that the Corps did not violate the Savings Clause when it approved and authorized the Everglades Agricultural Area (EAA) Project. This ruling reinforces the original goal of the Comprehensive Everglades Restoration Plan (CERP), which seeks to restore natural water flows and expand available water for both people and the environment.
The ruling is a significant victory for Everglades restoration efforts. If the sugar industry’s argument had prevailed, it could have redefined the purpose of the EAA Reservoir, shifting its focus away from Everglades restoration and toward maintaining agricultural water supplies, potentially jeopardizing freshwater flows to Florida Bay and prolonging harmful discharges to coastal estuaries.
Environmental and civic groups, including fishing guides, municipalities, chambers of commerce, and conservation nonprofits, stepped up in support of the EAA Reservoir project, filing “friend of the court” briefs in this case. The 11th Circuit’s unanimous decision ensures that restoration efforts can continue with the support of those who depend on a healthy Everglades ecosystem, both economically and ecologically. The case underscores the importance of what happens in the courtroom, as legal decisions directly impact the future of Everglades restoration.
This article was published in the State of the Everglades Report/Spring 2025 edition
