Timeline of Section 404 of the Clean Water Act

April 2, 2026

We have great news to share! The Conservancy of Southwest Florida and our partners won in court again to protect our wetlands and the wildlife that live in them. This is a fight we have been engaged in since 2018, working to uphold stringent Clean Water Act protections for when development, roads, or mines are proposed on our precious wetlands. Our wetlands are liquid gold – filtering pollutants, providing habitat and a space for flood waters to be stored.

After our initial court victory for February 2024, the state of Florida appealed the decision. However, on March 27th, 2026 the court again affirmed that we were right – the agencies violated the Endangered Species Act when they allowed the state’s botched wetland permitting program to go forward.

Hear from Nicole Johnson, Director of Environmental Policy, on this topic.

The Conservancy of Southwest Florida will remain vigilant on this issue, for the wetlands, the wildlife, and our quality of life.

Earth Justice is leading this case and representing the Center for Biological Diversity, Defenders of Wildlife, Sierra Club, Conservancy of Southwest Florida, Florida Wildlife Federation, Miami Waterkeeper, and St. Johns Riverkeeper.

Timeline of Resources

State Assumption of 404 Program 2020

Comment Letter – November 2020

404 Complaint – January 2021

Earthjustice Sues on Behalf of Conservation Groups – January 2021

Call the Whole Thing Off – September 2021

Florida Should Let Feds Handle Wetlands Permitting – June 2022

Conservancy and Partners Head to DC – December 2023

Federal Court Strikes Down EPA Approval of Florida Wetlands Program – February 2024

Landmark Victory for Florida’s Future – February 2024

Court Victory for Florida Wetlands Protection – March 2026

The Ruling – 2026

For Media Inquiries

Christina I. Reichert, Earthjustice, creichert@earthjustice.org

Bonnie Malloy, Earthjustice, bmalloy@earthjustice.org

Amber Crooks, Conservancy of Southwest Florida, amberc@conservancy.org, (239) 776-5601

Cris Costello, Sierra Club, cris.costello@sierraclub.org, (941) 914-0421

Jay Petrequin, Defenders of Wildlife, jpetrequin@defenders.org, (202) 772-0243

Jason Totoiu, Center for Biological Diversity, jtotoiu@biologicaldiversity.org, (727) 490-9190

Morgan McClure, Florida Wildlife Federation, morgan@fwfonline.org, (863) 286-9095

Mariana Aziz Pico, Miami Waterkeeper, mariana.aziz@miamiwaterkeeper.org, (305) 905-0856

Lisa Rinaman, St. Johns Riverkeeper, lisa@stjohnsriverkeeper.org, (904) 256-7591

Earthjustice is the premier nonprofit environmental law organization. We wield the power of law and the strength of partnership to protect people’s health, to preserve magnificent places and wildlife, to advance clean energy, and to combat climate change. We are here because the earth needs a good lawyer. Conservancy of Southwest Florida is an environmental conservation nonprofit located in Naples, FL. Our mission is to protect Southwest Florida’s water, land, wildlife, and future through environmental policy, environmental education, wildlife rehabilitation, and science research.