Yesterday, environmental and civic groups, state and local governments, and advocates for Everglades restoration celebrated a major legal victory in federal court. The 11th Circuit Court of Appeals ruled in favor of the U.S. Army Corps of Engineers, affirming its approval of the Everglades Agricultural Area (EAA) Reservoir and Stormwater Treatment Area Project. 

This decision rejects the sugar industry’s attempt to delay or undermine the progress of Everglades restoration. 

“This is a huge win for America’s Everglades and our coastal estuaries that are dependent on the EAA reservoir to provide restorative flows to the River of Grass and meaningful relief from damaging flows from Lake Okeechobee,” said SCCF CEO James Evans at a partner press conference today. “This ruling will allow the Corps, the State of Florida, and other state and federal agencies, to complete this project and provide the essential relief that our coastal communities are depending on.”

When three sugar companies initiated a challenge against the Corps’ intended completion of the EAA Reservoir in 2021 — the Okeelanta Corporation, United States Sugar Corporation, and the Sugar Cane Growers Cooperative of Florida — SCCF partnered with 11 other organizations in signing an Amicus Curiae brief filed by the Everglades Law Center in support of the Corps. 

Partners included Captains for Clean Water, The Everglades Foundation, Florida Bay Forever, the City of Lake Worth Beach, the City of Sanibel, the City of Stuart, Islamorada, Village of the Islands, the Sanibel Captiva Chamber of Commerce, Florida Keys Fishing Guides Association, and the Islamorada Chamber of Commerce.

The 10,000-plus-acre EAA Reservoir and 6,500-acre associated stormwater treatment area will store and clean excess Lake Okeechobee water before sending it south to the Everglades and Florida Bay. This means less harmful Lake O releases coming to the coasts, which means less chance of fueling harmful algal blooms that harm our ecosystems, our communities, and our economies.

“The EAA Reservoir is essential for reducing damaging discharges to the Caloosahatchee and St. Lucie estuaries and moving that water south where it is desperately needed,” Evans said. 

More About the Lawsuit

The sugar industry’s challenge claimed that the EAA Reservoir and Stormwater Treatment Area Project violated the “Savings Clause” of the Water Resources Development Act of 2000 (WRDA 2000). This clause ensures Everglades restoration projects do not eliminate or transfer existing water supplies unless comparable sources are made available. 

The sugar industry contended that the EAA Reservoir Project should replace all water lost to it due to operational changes made in 2008 to the Lake Okeechobee regulation schedule — changes made to address public safety concerns unrelated to Everglades restoration.

The March 25 decision confirms that the sugar industry’s interpretation of the Savings Clause — which would have required the Corps to offset all water supply reductions since 2000 — is inconsistent with the law. The court affirmed that the clause applies only to water lost as a direct result of implementing Comprehensive Everglades Restoration Plan (CERP) projects, not to unrelated operational changes such as those made to protect public safety after Hurricane Katrina.

“The Savings Clause was never meant to serve as an insurance policy for the sugar industry at the expense of Everglades restoration,” said Ansley Samson of the Everglades Law Center.

If the sugar industry’s claims had prevailed, the primary function of the EAA Reservoir could have been altered to prioritize agricultural water supply, undermining its environmental benefits and threatening the progress of Everglades restoration.

Environmental groups warned that this outcome would have jeopardized decades of restoration efforts, potentially diverting billions of dollars away from critical projects while leaving little water for the environment. 

The court’s decision “ensures that the EAA Reservoir will fulfill its intended purpose — restoring water flows to the Everglades and protecting Florida’s coastal communities,” said Lisa Interlandi, Policy Director of the Everglades Law Center.

Broad Coalition Stands Behind Everglades Restoration

The Everglades Amici, represented by the Everglades Law Center and signed by the partners listed above, played a vital role in defending this case. Their Amicus Curiae brief highlighted the environmental harm caused by current water management practices and the critical role of the EAA Reservoir Project in reversing these impacts.

A few comments from our partners:

• “Justice for Everglades restoration has been realized. The appellate court has further legitimized the importance of the EAA Reservoir to the restoration of America’s Everglades. The scientific and legal process has been found to be sound and accurate…The Everglades Foundation is grateful for the unwavering support of Florida’s bipartisan congressional delegation who fight each year to secure funding for the Everglades.” — Eric Eikenberg, CEO, The Everglades Foundation
• “The appellate court just rejected Big Sugar’s absurd claim that growing sugarcane in the middle of the Everglades is somehow more important than protecting the Everglades and South Florida from toxic discharges. This ruling clears the way to complete and operate the Everglades Reservoir as it was intended.” — Captain Daniel Andrews, Executive Director and Co-Founder, Captains for Clean Water
• “Our members and businesses depend on clean water and a healthy environment. This ruling ensures that the benefits of Everglades restoration will support sustainable tourism and resilient communities.” — John Lai, President & CEO, Sanibel and Captiva Chamber of Commerce

Looking Ahead

This ruling clears the way for the Corps to continue its work on the EAA Reservoir Project and other CERP initiatives without being encumbered by unfounded claims. It also sets a critical precedent, ensuring that future restoration projects can proceed without being derailed by demands to guarantee water supplies for private interests against unrelated losses.

For decades, the Everglades ecosystem has suffered from disrupted water flows, harming wildlife, communities, and Florida’s iconic landscapes. This victory is a pivotal step toward reversing these impacts and achieving the long-term vision of a restored Everglades.

This article is an adaptation of a press release by the Everglades Law Center. For more information, please contact Ansley Samson at ansley@evergladeslaw.org.