Legal Research

The U. S. Court of Appeals for the Eleventh Circuit has ruled that FEMA is bound by an injunction prohibiting it from issuing national flood insurance for new developments in the Florida Keys until it satisfies the requirements of the Endangered Species Act to "insure" that its actions are not likely to jeopardize the continued existence of endangered species or their habitat.  In a decision sure to be applauded by environmentalists, the Court ruled that the Endangered Species Act does apply to FEMA's administration of the National Flood Insurance Program.  The lawsuit was first filed in 1990, after it was determined that FEMA's actions in issuing national flood insurance had the potential to drive the Florida Key Deer to extinction.  Read an account of the decision in the Tuesday, April 15 issue of The U.S. Law Week