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Cases / Law, regulation and treaties · United States · 1995–1998

Volusia County, Florida: beach driving and lighting, Endangered Species Act suit with sea turtles as named plaintiffs

Nature's voice · report
No measurement of the harm done to me here is on record.
Did nature suffer? Not measured.
Not on record
  • The record does not name which of my species, waters, soils or forests were harmed.
What the record lacks: 1 none on record · 1 insufficient · 1 not measured See the gaps

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.

Reversed and remanded, 3 August 1998Eleventh Circuit decision (148 F.3d 1231)
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?
Plaintiffs including loggerhead and green sea turtles sued Volusia County under the ESA over beach driving and beachfront lighting. The district court enjoined driving but not lighting and later dismissed; the Eleventh Circuit reversed and remanded. US Court of Appeals for the Eleventh Circuit (copy on ecojurisprudence.org)
Where?
Beaches of Volusia County, Florida, United States. US Court of Appeals for the Eleventh Circuit (copy on ecojurisprudence.org)
When?
Suit filed 8 June 1995; district court order 1 August 1995; Eleventh Circuit decision 3 August 1998. US Court of Appeals for the Eleventh Circuit (copy on ecojurisprudence.org)
Who?
Gained
None on record
Lost
None on record
Harmed
None on record
Why?
The plaintiffs challenged beach driving and beachfront lighting under the ESA. US Court of Appeals for the Eleventh Circuit (copy on ecojurisprudence.org)
How?
An ESA suit brought by named individuals together with loggerhead and green sea turtles as plaintiffs, followed by an appeal to the Eleventh Circuit. US Court of Appeals for the Eleventh Circuit (copy on ecojurisprudence.org)
5 of 6 questions answered from the record · open: who

What happened

The record, in order.

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.

  1. 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)
  2. 1998The Eleventh Circuit reverses and remands (3 August, 148 F.3d 1231)

How it looked

What was shown, beside what was recorded.

Shown

    Recorded

    In court and with insurers

    Every proceeding and every insurer decision on record.

    Lawsuits and rulings

    1. 1995-06-08–Dismissed
      Loggerhead Turtle v. County Council of Volusia County: district court proceedings
      US 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)

    2. 1998-08-03Overturned on appeal
      Loggerhead Turtle v. County Council of Volusia County: Eleventh Circuit appeal
      US 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

    No insurer decision on record.

    What we don't know

    Undisclosed, unproven, untried: recorded as data.

    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

    Voices on record: — Company or project✓ Government and regulators✓ Courts— Press and investigations— Communities and civil society— Researchers

    Courts

    1. Loggerhead Turtle v. County Council of Volusia County, US Court of Appeals, Eleventh Circuit (148 F.3d 1231), PDF copy
      US Court of Appeals for the Eleventh Circuit (copy on ecojurisprudence.org) · 1998-08-03

    Connected cases

    Related matters, and cases linked to this one through the same organisations, with the role each played in both.