Florida Key Deer v. Brown
United States District Court for the Southern District of Florida
386 F. Supp. 2d 1281 (2005)
Wildlife conservation groups (plaintiffs) sued federal officials overseeing FEMA and the Fish and Wildlife Service (defendants), seeking to compel Endangered Species Act consultation over FEMA's administration of federal flood insurance in the Florida Keys; after a court-ordered consultation, the Fish and Wildlife Service found that FEMA's flood-insurance program was jeopardizing eight endangered and threatened species by enabling habitat-destroying residential and commercial construction. The plaintiffs moved for a permanent injunction barring FEMA from issuing new flood insurance for development in the affected habitats, and the defendants argued that private developers' interests represented the public interest and that FEMA lacked discretion to limit insurance availability.
Whether a plaintiff seeking a permanent injunction under the Endangered Species Act need show only success on the merits and a substantial threat of irreparable injury if the injunction is not granted.