Volusia County, Florida: beach driving and lighting, Endangered Species Act suit with sea turtles as named plaintiffs
- The record does not name which of my species, waters, soils or forests were harmed.
On 8 June 1995 plaintiffs including loggerhead and green sea turtles sued Volusia County under the Endangered Species Act over beach driving and beachfront lighting. The Eleventh Circuit reversed and remanded on 3 August 1998.
The appeal concerned the district court's dismissal of the suit over beach driving and beachfront lighting in Volusia County.
Status As of the latest dated item on record (3 August 1998), the Eleventh Circuit reversed and remanded; the outcome after remand is not on record.
What happened
On 8 June 1995 plaintiffs including loggerhead and green sea turtles sued Volusia County, Florida, under the Endangered Species Act (ESA) over beach driving and beachfront lighting. The individual plaintiffs named in the sources reviewed are Shirley Reynolds and Rita Alexander.
The district court (896 F. Supp. 1170, 1 August 1995) enjoined driving on the beach but not the lighting, and later dismissed the suit. The Eleventh Circuit (148 F.3d 1231, 3 August 1998) reversed and remanded.
Volusia County's habitat conservation plan page reports that the county holds an incidental take permit; that report is not independently verified.
- 1995Plaintiffs including loggerhead and green sea turtles sue Volusia County under the ESA (8 June); the district court enjoins driving but not lighting (1 August, 896 F. Supp. 1170)
- 1998The Eleventh Circuit reverses and remands (3 August, 148 F.3d 1231)
How it looked
Shown
Recorded
- District court (896 F. Supp. 1170, 1 August 1995): driving on the beach enjoined, lighting not enjoined; the suit was later dismissed.
- Eleventh Circuit (148 F.3d 1231, 3 August 1998): reversed and remanded.
In court and with insurers
Lawsuits and rulings
- 1995-06-08–DismissedLoggerhead Turtle v. County Council of Volusia County: district court proceedingsUS district court (896 F. Supp. 1170) · Civil · Shirley Reynolds and Rita Alexander, with loggerhead and green sea turtles as named plaintiffs → Volusia County
The plaintiffs sued under the ESA over beach driving and beachfront lighting. On 1 August 1995 the district court enjoined driving, not lighting, and later dismissed the suit. US Court of Appeals for the Eleventh Circuit (copy on ecojurisprudence.org)
- 1998-08-03Overturned on appealLoggerhead Turtle v. County Council of Volusia County: Eleventh Circuit appealUS Court of Appeals for the Eleventh Circuit (148 F.3d 1231) · Appeal · Shirley Reynolds and Rita Alexander, with loggerhead and green sea turtles as named plaintiffs → Volusia County
On 3 August 1998 the Eleventh Circuit reversed the district court and remanded. The sources reviewed do not give the outcome after remand. US Court of Appeals for the Eleventh Circuit (copy on ecojurisprudence.org)
Insurers
What we don't know
Nature
- Not measured Harm to nature: The record holds no measurement of harm to nature.
Record
- None on record None on record: money (damages, costs or fines) connected to the suit, in the sources reviewed.
- Insufficient Unconfirmed: Volusia County holds an incidental take permit (current permit TE811813-12, 2020–2030), per the county's habitat conservation plan page.
Did the harm stop?
The Eleventh Circuit reversed and remanded in 1998. The sources reviewed do not report whether beach driving and beachfront lighting were later restricted, apart from the reported incidental take permit.
Who paid?
No damages, costs or fines are on record in the sources reviewed.
Sources
Government and regulators
Courts
- Loggerhead Turtle v. County Council of Volusia County, US Court of Appeals, Eleventh Circuit (148 F.3d 1231), PDF copyUS Court of Appeals for the Eleventh Circuit (copy on ecojurisprudence.org) · 1998-08-03
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