This is not a drill.
We’re witnessing a full-on assault on our nation’s most important environmental laws — and the Everglades are on the front lines.
Our lawsuit against the boondoggle known as “Alligator Alcatraz” is testing the durability of those laws, starting with the National Environmental Policy Act. Thursday’s decision from an appeals court in Atlanta shows how much is at stake.
In a 2-1 decision, the court paused an Aug. 21 preliminary injunction that had halted the arrival of new detainees and ordered a dismantling of the mass detention center within 60 days. The majority opinion was most striking for what it didn’t address: evidence of harm that has already unfolded in the Everglades.
This case is far from over — and we’re emboldened to fight on. The case now moves to the appeal phase, and we will work tirelessly to defend the preliminary injunction there. The dissenting opinion offers hope for our ultimate success.
The dissent points to the environmental threat posed by 20 acres of new asphalt, high-intensity lighting, and other threats in the middle of our nation’s first national preserve, Big Cypress. It chastises the majority for ignoring the environmental harms, even as they cited the vague claims about the need for this facility. The dissent also points out that “state action was sufficiently federalized to trigger NEPA requirements.”
A newly drawn panel of judges will hear the next phase of the case. The facts are on our side. Our legal team, led by Coffey Burlington and Earthjustice, is sharp and determined. Our fellow plaintiffs, Center for Biological Diversity and the Miccosukee Tribe, are standing strong.
We got this far because of you. Our case has inspired people across the country and demonstrated that government officials can be held accountable for violations of law. It also serves as a powerful reminder that environmental laws stand on equal footing with other laws in our country.
We invite you to stand with us in this next, crucial phase by supporting the Everglades Defense Fund.
