GAI Supports FL Clients Affected by Environmental Permitting Decision

GAI environmental professional DJ Silverberg, MS, SPWS, GTA offers insight and support for Florida clients whose work is affected by an evolving regulatory landscape.

A February 15, 2024, decision by the U.S. District Court in Washington, D.C. has effectively placed a hold on project work in the state of Florida that requires wetlands environmental permitting under the Florida State 404 Program. The court decision arises from a case alleging that the U.S. Environmental Protection Agency (EPA) and U.S. Fish and Wildlife Service (FWS) improperly transferred responsibility for administration of the 404 permitting process to the Florida Department of Environmental Protection (FDEP). The FDEP is currently pursuing options to stay or reverse the February 15 decision. Read more

How Are Projects Affected, and How Can GAI Help?

Currently, previously issued Florida State 404 permits remain valid, and the permittee may continue to work under that authorization; however, all project applications that are currently still in the process of receiving Florida State 404 permitting approval are on hold indefinitely as the situation evolves.

GAI will continue to provide our affected clients with information regarding the Florida State 404 Program as soon as it becomes available and will continue to assist these clients in navigating current and evolving regulatory requirements. Under the February 15, 2024, decision, administration of 404 permitting for Florida work would be performed at the federal level by the U.S. Army Corps of Engineers (USACE). The USACE posted a notice on its website on February 29, 2024, acknowledging that it was preparing to once again process all 404 applications in Florida following the court’s decision. GAI is working with both the FDEP and the USACE to find workable and timely solutions to the processing of pending and new 404 applications for Florida work.

Contact GAI Environmental Manager DJ Silverberg, MS, SPWS, GTA, 321.319.3077, for more information about GAI environmental services that help conserve wildlife and the environment while being sensitive to project needs. Message GAI and start the conversation about how our multidiscipline professionals can meet your unique project needs.


DJ SilverbergDJ Silverberg, MS, SPWS, GTA is a Professional Wetland Scientist who has conducted ecological consulting studies since 1987. He performs preliminary land use assessments, wetland delineations, and listed species evaluations for sites throughout Florida, as well as wetland jurisdictional delineations for local, state, and federal regulatory programs.

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