MIAMI, Fla. — A panel of appeals court judges heard arguments Tuesday about the future of Alligator Alcatraz, the immigration detention facility in the Everglades.
The arguments hinge on whether a federal environmental law applies to the state-run facility. The three-judge panel is deciding whether to uphold or toss a lower court’s order from last year to wind down operations at Alligator Alcatraz to prevent harm to the environment.
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Friends of the Everglades, the Center for Biological Diversity and the Miccosukee Tribe are suing the state and federal governments under the National Environmental Policy Act, or NEPA. The law requires an environmental impact assessment before a federal construction project breaks ground.
"NEPA requires public input. So it's too little, too late to do an environmental assessment," Eve Samples said after Tuesday's hearing.
Attorneys for the state of Florida and the U.S. Department of Homeland Security argue that NEPA does not apply because it is a federal law.
They say Alligator Alcatraz is on state land, is run by the state and is funded by the state. The attorneys would not speak publicly after the hearing.
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Last August, a district court ordered the governments to wind down operations at the detention facility while the case proceeds. The court of appeals paused that order in September, allowing Alligator Alcatraz to keep operating.
Tuesday’s arguments focused on whether to keep that pause in place or reinstate the order until the case is resolved.
The judges posed a question to attorneys on both sides: If Florida wanted to do something else with the land that Alligator Alcatraz sits on tomorrow, could they? Both sides answered yes to that question, but lawyers for the environmental groups argued that is beyond the point.
"Nothing in the record suggested that the state had an interest in this property that was broad or general. They specifically invoked an immigration emergency that specifically authorized them to enter into agreements with the federal government, and that's what they did here. And that's why we think NEPA applies, because that's a federal action," said Tania Galloni, an attorney for Earthjustice who is representing the environmental group.
There is no timeframe for when the judges will issue an opinion on the arguments.
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