In its March 2000 decision, Loggerhead Turtle v. County Council of Volusia County, Florida, the Federal District Court for the Middle District of Florida refused to grant the plaintiff turtles an injunction under the Endangered Species Act of 1973, and did grant partial summary judgment to the defendant county. This ruling was based on the court's finding that the fighting ordinance in question was not responsible for causing harm to endangered sea turtles. The court reached this holding based on the conclusion that the County was not responsible for enforcement of the Endangered Species Act, and that the terms of the ordinance were aimed at preventing, not causing, harm. This Note advocates that the court should have recognized the plaintiff's assertion that the County's passage of a lighting ordinance constituted an "implied permit" for all activities in compliance with the ordinance such that the County could be held liable if such activities were deemed to be in violation of the Endangered Species Act, and that the District Court erred in finding that there was no available remedy which the court could issue.
Sean W. Kerwin,
Loggerhead Turtle v. County Council Of Volusia County, Florida: Implied Permitting As A Justiciable Cause Of Action,
Ocean & Coastal L.J.
Available at: http://digitalcommons.mainelaw.maine.edu/oclj/vol6/iss1/9