A federal appeals court paused litigation Wednesday brought by environmental groups over Florida’s Alligator Alcatraz, the hastily assembled Everglades detention site where the Trump administration aims to incarcerate and deport thousands of undocumented migrants.
The U.S. Eleventh Circuit Court of Appeals granted a request sought by the Trump administration, which argued its attorneys were furloughed during the government shutdown.
The environmental groups sued in June to stop the facility, contending that it was rushed to completion without public comment or environmental review. Such a review is necessary under federal laws such as the Endangered Species Act and the National Environmental Policy Act, which requires environmental impact statements on major federal actions.
Friends of the Everglades, the Center for Biological Diversity and Earthjustice filed the lawsuit in the U.S. District Court for the Southern District of Florida, and the Miccosukee Tribe later joined. The U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, the Florida Division of Emergency Management and Miami-Dade County, which owns the property, were named as defendants. The agencies did not respond to requests for comment.
The environmental groups said court proceedings have continued in many cases across the country involving the federal government, despite the shutdown.
“We have a very clear case of significant environmental violations and harm that is occurring every day, and we definitely have no outlet in the court right now until the shutdown is over,” said Elise Bennett, Florida and Caribbean director at the Center for Biological Diversity. “We’ve seen across the country there are cases that they continue to litigate because it suits them.”
Judge Kathleen Williams ordered a winding down of operations at the site in August after the environmental groups and tribe raised concerns about its impact on the Everglades, where a multi-billion-dollar federal and state restoration effort is underway. The groups said, for instance, that more than 800,000 square feet of new paving had been added at the site without any stormwater treatment system to prevent pollutants from flowing into the fragile river of grass.
Operations at the facility were allowed to continue in September, after the appeals court in Atlanta put Williams’ order on hold pending the outcome of an appeal.
The government agencies have attempted to downplay the federal role in the facility, as a state-run site would face a less stringent environmental review. Nonetheless, the state received $608 million in reimbursement funds earlier this month from the Federal Emergency Management Agency for building and running mass detention centers, including Alligator Alcatraz.
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Amy Green
Reporter, Florida
Amy Green covers the environment and climate change from Orlando, Florida. She is a mid-career journalist and author whose extensive reporting on the Everglades is featured in the book MOVING WATER, published by Johns Hopkins University Press, and podcast DRAINED, available wherever you get your podcasts. Amy’s work has been recognized with many awards, including a prestigious Edward R. Murrow Award and Public Media Journalists Association award.
