Both the state and federal defendants appealed the injunction and obtained a stay while the appeal was pending. Recently, the 11th Circuit vacated the lower court’s injunction and remanded the case back to Williams for further proceedings. The ruling says in part:
Florida, not federal, officials constructed the facility. They control the land and “entirely” built the facility at state expense. The only federal action the environmentalists can identify is the decision not to conduct an environmental review. And that decision alone, as all parties agree, is not final agency action. See Pub. Citizen v. U.S. Trade Representative, 5 F.3d 549, 552 (D.C. Cir. 1993) (“[A]n agency’s failure to prepare an [environmental impact statement], by itself, is not sufficient to trigger [Administrative Procedure Act] review in the absence of identifiable substantive agency action.”). …
