The Eleventh Circuit remanded the Bear Warriors United lawsuit against the Florida Department of Environmental Protection to the district court on Oct. 8, 2026, after the U.S. Fish and Wildlife Service rescinded the definition of "harm" under the Endangered Species Act.
Bear Warriors United had sued the Florida Department of Environmental Protection, alleging that the state’s wastewater regulations in the North Indian River Lagoon caused habitat loss that harmed manatees, a protected species under the ESA. The district court had agreed, issuing a permanent injunction against the department, but the appeal was pending when the federal rule changed.
Until the July 14, 2026 rule, the Fish and Wildlife Service defined "harm" to include any act that killed or injured wildlife or significantly impaired essential behaviors such as breeding or feeding. The district court had relied on that definition to conclude that wastewater discharges violated the ESA.
When the FWS rescinded that definition, the Eleventh Circuit noted that the case’s legal foundation had shifted. The court vacated the judgment and injunction and remanded the case for the district court to determine the impact of the new rule.
Florida DEP’s chief, Mariah D’Souza, said the department would "reassess the compliance requirements" under the new definition, while Bear Warriors president Raj Patel warned that the organization would "continue to pursue enforcement" if the court found a violation.
The district court will now review the case in early 2027, determining whether the revised definition alters the earlier injunction. The outcome will influence how Florida’s wastewater regulations are applied to protected marine habitats.