BREVARD COUNTY, Fla. – A divided federal appeals court is upholding a judge’s order that blocks the construction of new septic tanks in parts of the Indian River Lagoon, a move designed to protect Florida’s manatee population.
The ruling from the 11th U.S. Circuit Court of Appeals follows a 2022 lawsuit filed by the environmental group Bear Warriors United. The group argued that wastewater pollution, including runoff and leaky septic systems, has led to a dramatic decline in seagrass, the primary food source for manatees.
“A lot of agricultural runoff, stormwater runoff, and leaky septic systems or septic tanks can also have a reoccurrence for another harmful algae bloom if we’re not careful,” said Dr. Beth Brady, a research associate with Save the Manatee Club.
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The court’s decision stems from an earlier ruling by U.S. District Judge Carlos Mendoza, who found that the Florida Department of Environmental Protection (FDEP) violated the federal Endangered Species Act. Mendoza’s injunction temporarily bans the issuance of septic system permits in the northern Indian River Lagoon, which stretches through Brevard and Volusia counties.
The moratorium takes effect July 17. In addition to halting new septic construction, the order requires the state to launch a biomedical assessment program and begin supplemental feeding for manatees in the region.
The court’s decision comes after years of manatee deaths, many tied to water pollution and the loss of seagrass, which is their main food source. This new order is not just about septic tanks. It also requires the state to monitor the manatees’ health and even step in to feed them when needed.
According to the Florida Fish and Wildlife Conservation Commission, a record 1,100 manatees died in 2021, with 358 of those deaths in Brevard County. As of mid-June this year, 414 manatee deaths have been reported statewide, including 85 in Brevard, more than any other Florida county.
In court filings, FDEP argued the moratorium could interfere with residential development and burden property owners not named in the lawsuit. But the appeals court rejected that argument, with the majority saying there’s a clear link between current wastewater regulations and ongoing manatee harm.
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Meanwhile, Mendoza ordered the state to begin the process of securing what’s known as an “incidental take” permit from the U.S. Fish and Wildlife Service, a step that would include creating a long-term conservation plan.
Florida’s manatees remain federally listed as a threatened species. Environmental advocates hope this ruling will lead to stronger protections not just for manatees, but for the entire Indian River Lagoon ecosystem.
News 6 will continue following developments as the state works with federal agencies on a permanent solution.