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Friends of the Everglades, Inc. v. Noem

No. 1:25-cv-22896 District · Active
Agency procedural violation Appointments Clause Environmental impact assessment requirement Extent of power standard H1B visa National Environmental Policy Act (NEPA) Native American historic access rights Officer of the United States temporary restraining order conditions of confinement preliminary injunction sealed filings

Legal Issues

Agency procedural violationAppointments ClauseEnvironmental impact assessment requirementExtent of power standardH1B visaNational Environmental Policy Act (NEPA)Native American historic access rightsOfficer of the United Statestemporary restraining orderconditions of confinementpreliminary injunctionsealed filings

BrynoDC Coverage 3 videos

The Law · How the Case Works

Overview

Overview

The Trump administration built an ICE detention facility in Florida's Everglades, on 96% wetlands adjacent to Big Cypress National Preserve and habitat for the endangered Florida panther, without conducting any environmental review whatsoever. The district court issued a preliminary injunction in August 2025 finding the construction violated federal environmental law; the Eleventh Circuit reversed in April 2026, lifting the injunction and letting the facility operate while the appeal proceeds. The central question is whether immigration emergency powers allow the executive to skip the environmental review process Congress built to prevent exactly this kind of development on protected land.

The Issue

Issue

Whether the executive's immigration emergency powers authorize construction of an ICE detention facility in the Everglades without compliance with federal environmental review requirements under NEPA and the Endangered Species Act.

The Rules

Rule

The National Environmental Policy Act requires federal agencies to prepare environmental impact statements before major actions significantly affecting the environment; the Endangered Species Act requires consultation before actions affecting endangered species or critical habitat, unless emergency powers explicitly exempt the action from these requirements.

The Application

Analysis

The government constructed a detention facility on 96% wetlands adjacent to Big Cypress National Preserve and Florida panther habitat without any environmental review, invoking immigration emergency powers. The district court found this violated federal environmental law, but the Eleventh Circuit reversed, suggesting emergency immigration powers may override environmental compliance obligations.

The Conclusion

Conclusion

The facility currently operates following the Eleventh Circuit's April 2026 reversal of the preliminary injunction, though the underlying environmental law claims remain pending on appeal.

Court -
FiledJun 27, 2025
Judge Kathleen M. Williams 44
CL Statusactive
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Docket

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Federal Court TMR-41bb0d2f Aug 27, 2026
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