• Outdoors Outdoors

Tech entrepreneur sues Florida county, federal agencies to build house in endangered species habitat

Instead of avoiding the project or paying the fees, the entrepreneur is now suing to both avoid the fees and end the Florida scrub jay's protections.

A Florida scrub jay perches on a bush with green foliage and tall trees in the background under a clear blue sky.

Photo Credit: iStock

One tech entrepreneur who relocated to Florida is drawing ire after challenging endangered species protections that are preventing him from building a new house.

What's happening? 

As reported by the Orlando Sentinel, the Florida scrub jay, the state's only endemic bird, may lose its federal protections after one young entrepreneur, Michael Colosi, sued to end the endangered bird's legal protections. Colosi's legal filings and media materials did not identify the tech company his lawyers said he founded. 

Colosi, who said he had recently moved to Charlotte County, Florida, from New Jersey, was reportedly angered by government officials when he was notified that he'd have to pay to disturb Florida scrub jay habitat when building a new property.

Specifically, he said he was told that he'd need to pay fees of at least $118,000 to disturb five acres of the threatened bird's habitat.

Instead of avoiding the project, or simply paying the fees, Colosi is now suing to both avoid the fees and end the Florida scrub jay's protections.

Why is this important?

While the lawsuit is clearly focused on one specific animal, the outcome could affect how our government treats animals that are vulnerable, threatened, or endangered. 

Attorney Aaron Bloom of Earthjustice, who is working with other environmental groups to fight the suit, told the Florida Phoenix that "This is a dangerous argument they are making. Dangerous not just to the Florida scrub jay, but to a lot of endangered species."

Colosi's lawsuit argues two primary points. Firstly, that the fees proposed by the county for habitat impact on the five-acre plot were both "arbitrary" and excessive. 

Secondly, and more importantly, Colosi's team argues that the Florida scrub jay should not be protected by the federal Endangered Species Act because they're only found in Florida. The Florida panther is an example of another animal that is in the Florida scrub jays' exact position.

Beyond impacting other species' protections, the Florida scrub jay itself is in danger, with one University of South Florida professor, Mark Walters, notably writing the book "Florida Scrub-jay: Field Notes on a Vanishing Bird."

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What's being done about the lawsuit?

The Pacific Legal Foundation is working with Colosi to eliminate the birds' legal protections. Now several agencies, policymakers, and Charlotte County itself are facing legal attacks as the lawsuit moves forward. 

It's not certain how the lawsuit will be settled, but it is clear that Florida scrub jays are in trouble, even before this lawsuit.

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