Everglades Detention Facility Halted, New Airlines into Vero, and more
- IRNA
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- 10 min read
August 30, 2025 Weekly Newsletter
Federal Court Halts Everglades Detention Facility: Environmental Law Wins the Day
A federal judge has issued a preliminary injunction halting operations at a controversial immigration detention facility in Florida's Big Cypress National Preserve, "Alligator Alcatraz," delivering a big victory for environmental advocates and reinforcing that federal projects of any kind must comply with environmental protection laws.
U.S. District Judge Kathleen M. Williams ruled that the facility, built in eight days at a remote airstrip within the Everglades ecosystem, violated the National Environmental Policy Act (NEPA) by proceeding without any environmental review. The 82-page decision dismantled the government's arguments that the project fell outside federal environmental law requirements.
The case hinged on whether this constituted a "major federal action" triggering NEPA review. Despite claims that Florida operated the facility independently, Judge Williams found extensive federal control through three key factors: a $600 million federal grant program created specifically for the project, agreements that deputized state officers as federal immigration agents (under section 287(g)), and operational control by ICE over detention standards, transportation, population, and release decisions.
The government mounted significant procedural challenges, first arguing that immigration law stripped federal courts of jurisdiction over detention decisions. Judge Williams distinguished between protected immigration discretion and mandatory environmental compliance, finding that NEPA requirements apply universally to federal actions regardless of their immigration purpose.
A venue challenge claiming the Miami federal court lacked jurisdiction also failed, both because Florida waived the objection by litigating on the merits first, and because substantial harm and coordination occurred within the Southern District of Florida.
The court applied the standard test for preliminary injunctions, finding all factors favored the environmental plaintiffs:
Likelihood of Success: The complete absence of environmental review for a clear federal action created a textbook NEPA violation. Unlike cases involving inadequate review, here "there was no process" at all.
Irreparable Harm: Expert testimony documented ongoing damage to endangered species habitat, water quality threats, and cultural harm to the Miccosukee Tribe, whose traditional lands were affected. Environmental damage cannot be remedied with monetary compensation.
Balance of Equities: While acknowledging immigration enforcement as a legitimate government interest, the court found defendants provided "little to no evidence" why this particular location was uniquely necessary for that mission.
Public Interest: The court determined that environmental law compliance and ecosystem protection served the broader public interest.
This ruling reinforces established environmental law principles. It demonstrates that federal agencies cannot circumvent environmental review through state partnerships when maintaining operational control and funding. The decision shows that NEPA's procedural requirements apply universally to federal actions, regardless of the nature or priority of the project.
The case underscores that NEPA compliance is mandatory for all major federal-state projects. And rather than ordering immediate closure, Judge Williams crafted a 60-day wind-down timeline, prohibiting new construction and detainee admissions while requiring removal of temporary infrastructure. This approach balances environmental protection with operational realities and makes the ruling more likely to survive appeal.
The state of Florida has indicated it will appeal to the Eleventh Circuit Court of Appeals in Atlanta. The government will likely seek an emergency stay to pause the injunction during the appellate process. (Thus allowing the detention center to continue operation until the court cases are settled.)
This case demonstrates how environmental law can require agencies to consider ecological impacts even for urgent federal priorities. Regardless of one's views on the administration's immigration policy, the ruling reinforces that federal agencies must follow established legal procedures designed to protect natural resources, and that is worth celebrating.
We congratulate our colleagues at Friends of the Everglades for their successful and meaningful work here and if you are interested in supporting their legal defense fund, you can click here.
An update late in the week in TCPalm: Florida emergency director says zero humans will be detained at Alligator Alcatraz.
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JetBlue's Arrival at Vero Beach:
Growth Outpacing Planning?
JetBlue's surprise announcement of daily service to Boston and New York starting December 2025 at Vero Beach Regional Airport highlights both opportunities and planning challenges facing the community. The airline contacted airport officials just days before announcing the service, leaving little time for proactive community planning.
While the airport is conducting a 24-month master planning process, there's currently no visible public participation component, despite official claims that the plan will "incorporate input from the community." This timing mismatch means JetBlue's service—which will double the airport's airline capacity—is proceeding without the community guidance that comprehensive planning typically provides.
Airport Director Todd Scher acknowledged being "blindsided" by the announcement, noting capacity limitations that now must be resolved quickly. The rush contrasts sharply with Breeze Airways' arrival in 2023, which involved months of advance planning.
The addition of JetBlue will push annual passenger numbers above 100,000, triggering a reduction in state transportation grants from 80% to 50%—a significant financial impact not anticipated in current budgets. Meanwhile, the airport faces immediate infrastructure pressures, with terminal renovations already underway to handle Breeze's growing popularity.
Increased jet traffic from larger aircraft will bring noise and traffic impacts that neighboring communities haven't had time to prepare for or discuss. Other small airports facing similar rapid growth have sometimes experienced community friction when expansion proceeded without adequate public engagement.
Communities like Mason City, Iowa, and others have found success when airport growth follows comprehensive planning that includes community input and environmental mitigation strategies. However, airports that react to airline announcements rather than proactively planning often struggle with infrastructure costs and community relations.
While JetBlue's service offers obvious benefits (more flight options, potential economic stimulus, and enhanced connectivity,) the rushed timeline raises questions about sustainable growth management. The community now faces the challenge of quickly addressing infrastructure needs, funding changes, and community concerns that comprehensive advance planning might have anticipated.
Success will largely depend on how effectively local officials can balance rapid aviation growth with the environmental quality and community character that make Vero Beach attractive to both airlines and residents.
IRC approves Anchoring Limitation Areas (Hometown News) - Indian River County commissioners unanimously approved the addition of new Anchoring Limitation Areas to the county's land development regulations in Vero Beach and Indian River Shores, restricting how long boats can anchor in designated areas.
Mosquito populations are flourishing, and entomologists are combatting the problem (TCPalm) -Drought and low water levels are hindering source reduction efforts for Florida's mosquito control districts, causing mosquito populations to flourish statewide despite entomologists' use of aerial spraying, larvicide, and a sentinel chicken program to combat them. Video here.
Algae blooms are smothering seagrass beds in the Indian River Lagoon (TCPalm) - Nutrient runoff and rising water temperatures are causing a thick, smelly, and potentially irritating algae known as Dapis pleousa or lyngbya to blanket and attach to seagrass beds in the Indian River Lagoon.
Oyster Shells Become Million-Gallon Water Filters -- Mat Making at Walking Tree Brewery (Vero Minute) - Volunteers at Walking Tree Brewery in Vero Beach created oyster shell mats to serve as living water filters, which will be placed on local docks as part of the Indian River County's Living Docks Initiative to help restore the health of the Indian River Lagoon.
A seawall for the ages – or at least the rest of the century (Vero News) - A homeowner in Vero Beach is building a new house with the highest seawall in the Vero Isles neighborhood, seemingly to protect the property from future sea level rise, which is predicted to continue increasing in the coming decades.
Same old: Heady again throws hat in council race, necessitating election (Vero News) - The late entry of former councilman Brian Heady into the Vero Beach City Council race will necessitate an election that will cost taxpayers an estimated $32,000, preventing what would have been the city's first uncontested council election in 30 years.
When "No" Isn't Enough: How Corporations Move the Goalposts
What happens when a community speaks with one voice and tells a powerful developer or corporation "no"? You would think that would be the end of the story. But as a recent fight in Fernandina Beach, shows, for special interests, a local defeat is often just an invitation to change the rules of the game.
Residents of the historic coastal town overwhelmingly rejected a plan by Rayonier Advanced Materials (RYAM) to build a bioethanol plant near their downtown, citing fears of catastrophic explosions. They organized, replaced their pro-plant mayor in an election, and successfully convinced their city commission to deny the project permit based on local land-use laws. The people had won.
But RYAM didn’t accept the loss. Instead, it launched a multi-front assault to override the community’s decision. The company first sued the city to force the project through. Simultaneously, its lobbyists worked in secret with a state senator in Tallahassee to slip two sentences into a massive bill. This language, written by the company itself, would have retroactively changed state law to nullify Fernandina Beach’s legal reasoning for the denial, effectively making RYAM the winner of its own lawsuit.
When confronted, the lawmaker sponsoring the provision feigned ignorance of the local controversy, a classic example of providing political cover for a corporate favor.
Thanks to intense citizen outcry, the state-level maneuver failed. But the company continues to pressure the small town with multiple lawsuits, including a potential $7 million claim. The Fernandina Beach story is a reminder of a modern political reality: when the public wins a fair fight, powerful interests don't just walk away. They often use their money and influence to bend the system, rewrite the laws, and ensure that no matter what the people say, the corporation gets to say "yes."
That's why your support and heeding our calls to action are so important. We have a system where your voice matters, your vote matters. If you don't tell our representatives where you stand, they may run roughshod over something you care deeply about. So take this warning for what it is, for what might be coming for Vero Beach, Sebastian, Fellsmere or our towns our county.
If you are interested in a deeper dive on this issue, there is a podcast available here on Jason Garcia's substack.
Florida director of state lands resigns months after predecessor (Tampa Bay Times) - This one bears watching. Is FDEP doing alright? Interim director Andrew Fleener of the Florida Department of Environmental Protection's state lands division has resigned, becoming the second director to step down this year amid controversies surrounding proposed land deals, including the trading of a wildlife preserve and the prioritized purchase of a small, expensive waterfront property in Destin.
'Attack on home rule': Florida SB 180 law limits local growth planning (TCPalm) - Florida's new "Emergencies" act, Senate Bill 180, limits the ability of local governments to control development and set stricter building codes in the aftermath of hurricanes, a move intended to expedite rebuilding but which critics argue undermines local authority and prevents communities from building back stronger.
City of Alachua joins statewide planning lawsuit on the premise that locals know best (even when they disagree) (WUFT) - The City of Alachua joined a growing lawsuit against Florida’s new “Emergencies” law, arguing it undermines local control over development by allowing statewide restrictions and developer challenges after hurricanes, despite bipartisan concerns about its impact on home rule and environmental protections.
How Close Are Manatees to Extinction? (The Atlantic) - Environmental advocates and scientists are concerned that a proposed reinterpretation of the Endangered Species Act's "harm" definition to exclude habitat destruction could accelerate extinctions for dozens of species, including the manatee, which faced a record die-off in 2021 due to the loss of seagrass in the Indian River Lagoon from pollution.
Fragments of old sea mine discovered at Anglers Cove Beach (Vero News) - Fragments of a Hertz Horn Sea Mine dating back to the early 1900s, believed to have been uncovered by rough surf from Hurricane Erin, were found on Anglers Cove Beach in Indian River County and safely removed by a bomb disposal team from Patrick Space Force Base.
Blue-green algae bloom, fish kill monitored in this community (WPTV) - City officials in Port St. Lucie are monitoring a fish kill and a blue-green algae bloom in the Sawgrass Lakes stormwater management tract, which the Florida Fish and Wildlife Conservation Commission believes is likely caused by low dissolved oxygen levels due to factors such as summer temperatures and stagnant water.
Florida Flesh-Eating Bacteria Cases Rise to 23
Florida health officials have confirmed five deaths and 23 cases of Vibrio vulnificus infections statewide as of August 28, 2025, with the most recent fatality occurring in Bay County. The deadly "flesh-eating" bacterium poses a serious threat along Florida's warm coastal waters, with deaths reported in Bay, Broward, Hillsborough, and St. Johns counties.
Vibrio vulnificus is a naturally occurring bacteria in warm, brackish seawater that can cause severe, life-threatening infections. The bacterium can invade the bloodstream, causing illness with fever, chills, decreased blood pressure and blistering skin lesions. Bloodstream infections prove fatal about 50 percent of the time.
People get infected through two primary routes: when open cuts or wounds are exposed to contaminated warm saltwater, or by eating raw shellfish, particularly oysters. Individuals who are immunocompromised, including those with chronic liver disease, kidney disease, or weakened immune systems, face much higher risk of severe complications.
Health officials emphasize that "water and wounds do not mix" and strongly advise against entering water with fresh cuts or scrapes. For shellfish safety, never eat raw oysters and always cook shellfish thoroughly by boiling until shells open and continuing for five more minutes, or steaming until shells open and cooking nine more minutes longer. Wear protective gloves when handling raw shellfish.
If Vibrio vulnificus infection is suspected, immediate medical treatment is critical because early antibiotic intervention significantly improves survival rates. While this year's case numbers are down from 2024's hurricane-related spike of 82 cases and 19 deaths, the bacteria remains a serious public health concern for Florida beachgoers and seafood consumers.
Protected seas help kelp forests bounce back from heatwaves (ScienceDaily) - Research using four decades of satellite data reveals that kelp forests within Marine Protected Areas, especially those with fishing restrictions, recover more quickly after severe marine heatwaves.
The Colorado River Is This Tribe's 'Lifeblood,' Now They Want To Give It the Same Legal Rights as a Person (Inside Climate News) - The Colorado River Indian Tribes (CRIT) is working to establish legal personhood for the Colorado River, a move that would grant it legal rights and protections and reflect its cultural significance as the tribe's "lifeblood."
How can we make nature's wellbeing impossible to ignore? For Natalie Kyriacou, it is the defining challenge (Mongabay) - In an interview, author Natalie Kyriacou discusses her new book, Nature's Last Dance, which uses humor and human-centered stories to argue that nature is essential to society and that collective action is the key to its survival.
Plastic Talks Held Hostage by Petrochemical Lobby (Inter Press Service) - Recent talks in Geneva for a global plastic treaty failed to reach an agreement due to the overwhelming influence of fossil fuel and chemical industry lobbyists who outnumbered the combined diplomatic delegations of all 27 European Union nations and pushed against proposals to restrict plastic production, instead advocating for better recycling as the primary solution.
The Woman Holding Chinese Mining Giants Accountable (Inside Climate News) - According to Katie Surma, a Chinese human rights lawyer is holding Chinese mining giants accountable for the environmental damage they cause overseas by using a nuanced legal approach that leverages China’s own green promises to the world.
Why wind farms attract so much misinformation and conspiracy theory (The Conversation) - Conspiracy theories and misinformation about wind farms are often a product of a worldview resistant to societal change and the complexities of the energy transition, rather than a result of factual disputes.
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