Florida Key Deer v. Paulison

BARKETT, Circuit Judge:

The Federal Emergency Management Agency (“FEMA”) and the U.S. Fish and Wildlife Service (“FWS”) appeal from an adverse summary judgment and grant of injunctive relief. The district court found that FEMA and the FWS failed to comply with section 7 of the Endangered Species Act, with regard to FEMA’s administration of the National Flood Insurance Program in the Florida Keys. 1 FEMA and the FWS maintain that section 7(a)(2) of the Endangered Species Act does not apply to FEMA’s provision of flood insurance and that FEMA has, in any event, fully complied with section 7. We…