I am proudly co-leading a bill that restores Florida's permitting independence... To put the power back in the hands of Floridians, I co-led the "Restore Florida Water Independence Act of 2026," to bring permitting authority back to our communities
I will restore Florida's permitting independence by bringing permitting authority back to Florida communities.
Occurrences
Evidence
the EPA’s approval of Florida’s permitting application must be vacated
I co-led the “Restore Florida Water Independence Act of 2026,” to bring permitting authority back to our communities
To put the power back in the hands of Floridians, I co-led the “Restore Florida Water Independence Act of 2026,” to bring permitting authority back to our communities—because Florida knows Florida’s waters best.
EPA’s approval of Florida’s permitting application must be vacated at least because that approval relied on the problematic ITS... and because the EPA approved the application without the benefit of consultation with the NMFS.
Those serious deficiencies cannot be addressed with further explanation on remand, and it is unclear whether the program’s approval can be rehabilitated. Thus, the normal remedy of vacatur is warranted. For the foregoing reasons, we affirm the judgment of the district court.
A federal court order was issued just before midnight on Feb. 15, 2024, divesting DEP of its authority to issue State 404 Program permits in Florida. Consequently, all activity under the State 404 Program is paused until further order of a court.
EPA has determined that the State of Florida has the necessary authority to operate a CWA Section 404 program... Therefore, EPA has taken final action to approve Florida's assumption of the program.
Florida's program assumption will be applicable December 22, 2020.
State assumption of the 404 program provides a streamlined permitting procedure within which both federal and state requirements are addressed by state permits... and affords the state greater control over its natural resources while complying with federal law.
Latest Action: House - 04/20/2024 Referred to the House Committee on Transportation and Infrastructure. This bill has the status Introduced.
This bill has the status Introduced... The program of the State of Florida, as described in the notice of the Environmental Protection Agency entitled “EPA's Approval of Florida's Clean Water Act Section 404 Assumption Request”... including the Programmatic Biological Opinion with Incidental Take Statement associated with the program.
Assessments
Florida's State 404 permitting authority remains paused/vacated after the 2024 federal court order and the D.C. Circuit's March 27, 2026 affirmance. Mast did materially attempt to advance the promise by co-leading the Restore Florida Water Independence Act of 2026, but the evidence shows legislative effort only, not enactment or restored state/local permitting authority by July 1, 2026. Under the adjudication rule, a serious but unsuccessful legislative attempt is a failed delivery with effort credit.
Mast has made a serious, concrete legislative effort by co-leading the Restore Florida Water Independence Act of 2026, but the promise was not actually fulfilled. The cited court decision indicates Florida's permitting approval was vacated and the permitting authority he sought to restore was still blocked, so the outcome was not delivered as of the evidence provided.