NWF v. Paulison (Key Deer) (FEMA Consultations)

Court

U.S. District Court for the Southern District of Florida

NAHB Involvement

Amicus

The National Wildlife Federation sought an injunction to force FEMA to stop issuing flood insurance for residential development projects in Monroe County, Fla.

FEMA opposed the proposed injunction, and on May 26, 2005, NAHB filed an amicus brief supporting FEMA and against the requested injunction that would halt the issuance of flood insurance. However, on Sept. 9, 2005, the Miami federal court issued an injunction to prevent the issuance of flood insurance in “suitable” habitat for endangered species. FEMA appealed to the Eleventh Circuit Court of Appeals, and NAHB filed an amicus brief supporting FEMA on Feb. 22, 2006. 

On April 1, 2008, the Eleventh Circuit ruled that under the ESA, FEMA has a duty to consult with the FWS over the impacts of the issuing flood insurance in Monroe County, Fla. Because FEMA did not seek Supreme Court review, NAHB's participation in this matter is complete.