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Tropical Audubon Society, together with co-petitioners, achieved a significant legal victory on Feb. 18 safeguarding Everglades waters, wildlife habitat and restoration efforts.
After months of litigation, TAS negotiated a settlement agreement in its challenge to a Florida Department of Environmental Protection (DEP) draft permit that would have authorized thousands of acres of rock mining directly adjacent to critical Everglades restoration projects.
As a result, the DEP’s approval of more than 8,000 acres of proposed mining operations in the Everglades Agricultural Area (EAA) — presented by the applicant as a “water resource project”— have been significantly scaled back to better protect threatened wetlands, wildlife corridors and the integrity of ongoing Everglades restoration.
Tropical Audubon Society (TAS) was joined by its co-petitioners José Francisco Barros and Brian Rapoza, and represented by the Everglades Law Center, Richard Grosso PA, Hartsell Ozery PA, and Douglas MacLaughlin. TAS litigation challenged the DEP’s May 2025 proposed decision to issue a permit to authorize a rock mining project that included designs that would allow the conveyance of Everglades waters into and out of the resulting mined rock pits.
The settlement significantly narrows the scope of what was approved in the DEP’s original draft permit (issued to Phillips Heavy Inc., an easement holder for the landowners, U.S. Sugar Corporation and the Okeelanta Corporation), and substantially reduces the risk of offsite impacts. The scope of the permit is now clearly limited to the first phase of mining and associated construction — 2,242 acres, including 1,337 acres of mined pits.
Furthermore, it does not authorize an 8,600-acre regional water storage project connected to the Everglades, as was originally proposed.
Co-petitioners Barros and Rapoza have decades of birding experience in the EAA, and separately serve as president and vice president of TAS, respectively.
“The applicant sought to push this project through before analyzing how it would affect the Everglades ecosystem,” said Barros, who has documented wildlife in the area for more than three decades. “That ‘build first, analyze later’ approach is not how projects intended to benefit the Everglades should be evaluated.”
“If a project is going to move water to or from the Everglades, the impacts of that operation on water quality and habitat need to be demonstrated up front,” he continued.
“I’m pleased with the outcome because the settlement is structured to ensure that before any discharge, pumping or system connection occurs, additional permits and additional scrutiny will be required.
As proposed, the mega-industrial, 40-year mining operation would be positioned immediately north of the multi-billion-dollar A-2 Reservoir and A-2 Stormwater Treatment Area — two cornerstone projects of the Comprehensive Everglades Restoration Plan.
“Their proposal was dressed up as a water resource project, but the permit would have authorized 8,600 acres of large-scale mining,” said TAS executive director Lauren Jonaitis.
“There was a lot at stake. The project could have eroded decades of restoration progress and destroyed wildlife habitat with no tangible proven benefit to the public.”
The settlement affirms that:
● DEP did not approve operation of a water resource project at this location.
● DEP did not make findings of reasonable assurances regarding offsite hydrologic or water quality impacts of a water resource project at this location.
● The applicant has not yet demonstrated that connecting this project to the Everglades
would avoid harm.
“This case demonstrated that there are unresolved questions about groundwater effects, water movement, and long-term system impacts. Those questions remain open and must be addressed before operation as a water resource project proceeds,” said ELC general counsel Ansley Samson.
The settlement makes clear that additional regulatory approvals will be required before any part of this project is connected to the Everglades. Those approvals will involve:
● Analysis of hydrologic impacts;
● Analysis of water quality impacts, and
● Public notice and opportunity to challenge.
This ensures that the water resource aspects of the project receive full review before implementation.
“Restoration must mean restoration. If this project can really deliver benefits without harming our environment, it needs to be proven through careful review,” Barros said. “It can’t just be taken on faith. This settlement makes sure that crucial analysis can’t be skipped.”
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