Bear Warriors United, Inc. v. Secretary, FL Dept. of Environmental Protection
| BEAR WARRIORS UNITED, INC. |
| SECRETARY, FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION |
| PACIFIC LEGAL FOUNDATION, PROPERTY AND ENVIRONMENT RESEARCH CENTER, SAVE CRYSTAL RIVER, FLORIDA HOME BUILDERS ASSOCIATION, FLORIDA ONSITE WASTEWATER ASSOCIATION, NATIONAL ONSITE WASTEWATER RECYCLING ASSOCIATION, HOPE BABCOCK, PAUL BOUDREAUX, CHRISTOPHE COURCHESNE, HOLLY DOREMUS, OLIVER HOUCK, MICHELLE NOWLIN, PATRICK PARENTEAU, ZYGMUNT PLATER, DANIEL ROHLF, WILLIAM J. SNAPE, III, DELCIANNA WINDERS, Esq., CENTER FOR BIOLOGICAL DIVERSITY, FLORIDA SPRINGS COUNCIL, INDIAN RIVERKEEPER, KISSIMMEE RIVERKEEPER, MATANZAS RIVERKEEPER, MIAMI RIVERKEEPER, SAVE THE MANATEE CLUB, SIERRA CLUB and WATERKEEPERS FLORIDA |
| DEFENDERS OF WILDLIFE and KATHLEEN S. SADOWSKI |
| 25-11821 |
| May 29, 2025 |
| U.S. Court of Appeals, Eleventh Circuit |
| Environmental Matters |
Docket Report
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| Filing 68 Received paper copies of Appellee in 25-11612 brief [3 copies ] for Appellee Bear Warriors United, Inc. in 25-11612. [25-11612, 25-11821] [Entered: 11/18/2025 02:03 PM] |
| Filing 67 Received paper copies of Appellant in 25-11821 brief [5 copies ] for Appellant Secretary, Florida Department of Environmental Protection in 25-11821. [25-11612, 25-11821] [Entered: 11/17/2025 02:47 PM] |
| Filing 66 Received paper copies of Appellee in 25-11612 Supplemental appendix (All in 1 box) [5 copies of 4 volumes] and Brief, [5 copies] for Appellee Bear Warriors United, Inc. in 25-11612. [25-11612, 25-11821] [Entered: 11/13/2025 11:18 AM] |
| Filing 65 Received paper copies of Amici Curiae in 25-11612 brief [3 copies ] for Amici Curiae Florida Home Builders Assocation, Florida Onsite Wastewater Association, Florida Springs Council, Kissimmee Riverkeeper, Matanzas Riverkeeper, Miami Riverkeeper and National Onsite Wastewater Recycling Association in 25-11612. [25-11612, 25-11821] [Entered: 11/12/2025 12:42 PM] |
| Filing 64 Received paper copies of Appellant in 25-11612 brief [5 copies ] and reply brief, [5 copies] and appendix [5] copies [4] volumes for Appellant Secretary, Florida Department of Environmental Protection in 25-11612. [25-11612, 25-11821] [Entered: 11/12/2025 10:58 AM] |
| Filing 63 Received paper copies of Amici Curiae in 25-11821 brief [3 copies ] for Amici Curiae Florida Home Builders Association, Florida Onsite Wastewater Association and National Onsite Wastewater Recycling Association in 25-11821. [25-11612, 25-11821] [Entered: 11/10/2025 10:36 AM] |
| Filing 62 Assigned to tentative calendar number 11 in Jacksonville during the week of March 9, 2026. You must file three additional identical paper copies of the brief and appendix, which conform to all formatting requirements, e.g., a cover page for briefs, in Atlanta, within seven days of the date of this notice (see 11th Cir. R. 31-3 & 11th Cir. R. 30-1(d)), and FRAP 32 and the accompanying circuit rules. [25-11612, 25-11821] [Entered: 11/07/2025 01:34 PM] |
| Filing 61 MOTION to file amicus brief filed by Kathleen S. Sadowski in 25-11612, 25-11821.[61] [25-11612, 25-11821] [Entered: 10/28/2025 02:58 PM] |
| Filing 59 Reply Brief filed by Appellant Secretary, Florida Department of Environmental Protection. [25-11821] (ECF: Jeffrey Harris) [Entered: 10/17/2025 02:10 PM] |
| Filing 60 Notice that no action will be taken on the motion to file an amicus brief submitted by Kathleen S. Sadowski because it doesn't comply with this Court's rules on Certificates of Interested Persons and Corporate Disclosure Statements. It doesn't contain a Certificate of Interested Persons. See 11th Cir. R. 26.1-1. [25-11612, 25-11821] [Entered: 10/20/2025 08:37 AM] |
| Filing 58 Corrected Amicus Brief filed by Amici Curiae Law Professors in 25-11612 & 25-11821. [25-11612, 25-11821] [Entered: 10/14/2025 02:22 PM] |
Filing 57
ORDER: The Motion for Leave to File Corrected Brief of Amici Curiae Law Professors in Support of Plaintiff-Appellee is GRANTED. [ # 10576067-2 ] [ # 56 ] JP [25-11612, 25-11821] [Entered: 10/14/2025 01:52 PM]
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| Filing 56 MOTION to correct or amend brief filed by Hope Babcock, Paul Boudreaux, Christophe Courchesne, Holly Doremus, Oliver Houck, Michelle Nowlin, Patrick Parenteau, Zygmunt Plater, Daniel Rohlf, William J. Snape, III and Ms. Delcianna Winders, Esq.. Opposing Counsel takes no Position. [56] [25-11821] (ECF: Alyssa Huffman) [Entered: 10/09/2025 02:57 PM] |
| Filing 55 Notice of deficient motion filed by Alyssa Huffman. The motion to file a corrected amicus brief must be filed as a motion, not as a corrected brief. Additionally, the motion must be filed in both 25-11612 and 25-11821. The default should be remedied within 7 days from this date. [Entered: 10/09/2025 02:08 PM] |
| Filing 54 ***Docketed in Error***Corrected Amicus Brief filed by Amici Curiae Hope Babcock, Paul Boudreaux, Christophe Courchesne, Holly Doremus, Oliver Houck, Michelle Nowlin, Patrick Parenteau, Zygmunt Plater, Daniel Rohlf, William J. Snape, III and Ms. Delcianna Winders, Esq.. [25-11821] (ECF: Alyssa Huffman) [Entered: 10/09/2025 02:03 PM] |
| Filing 53 Notice that no action will be taken on the "Supplemental Amicus Submission" received from Kathleen S. Sadowski because she is not a party to these appeals. [25-11612, 25-11821] [Entered: 10/06/2025 09:56 AM] |
| Filing 52 Certificate of Interested Persons and Corporate Disclosure Statement filed by Attorney Victoria Molyneaux for Amicus Curiae Defenders of Wildlife. On the same day the CIP is served, any filer represented by counsel must also complete the court's web-based stock ticker symbol certificate at the link here http://www.ca11.uscourts.gov/web-based-cip or on the court's website. See 11th Cir. R. 26.1-1(b). [25-11821] (ECF: Victoria Molyneaux) [Entered: 10/03/2025 07:36 PM] |
| Filing 51 Certificate of Interested Persons and Corporate Disclosure Statement filed by Attorney Caroline Anne Flynn for Amici Curiae Center for Biological Diversity, Florida Springs Council, Indian Riverkeeper, Kissimmee Riverkeeper, Matanzas Riverkeeper, Miami Riverkeeper, Save the Manatee Club, Sierra Club and Waterkeepers Florida. On the same day the CIP is served, any filer represented by counsel must also complete the court's web-based stock ticker symbol certificate at the link here http://www.ca11.uscourts.gov/web-based-cip or on the court's website. See 11th Cir. R. 26.1-1(b). [25-11821] (ECF: Caroline Flynn) [Entered: 10/03/2025 04:26 PM] |
| Filing 50 Notice that no action will be taken on the amicus brief submitted by Kathleen S. Sadowski because she has not filed a motion to file an amicus brief. [25-11612, 25-11821] [Entered: 10/03/2025 12:44 PM] |
| Filing 49 Amicus Brief as of right or by consent of the parties filed by Caroline A. Flynn for Center for Biological Diversity, Florida Springs Council, Indian Riverkeeper, Kissimmee Waterkeeper, Matanzas Riverkeeper, Miami Waterkeeper, Save the Manatee Club, Sierra Club, Waterkeepers Florida. [25-11821] (ECF: Caroline Flynn) [Entered: 10/03/2025 11:53 AM] |
| Filing 48 APPEARANCE of Counsel Form filed by Ragan Whitlock for Center for Biological Diversity, Florida Springs Council, Indian Riverkeeper, Kissimmee Waterkeeper, Matanzas Riverkeeper, Miami Waterkeeper, Save the Manatee Club, Sierra Club, Waterkeepers Related cases? Yes. [25-11821] (ECF: Ragan Whitlock) [Entered: 10/03/2025 10:50 AM] |
| Filing 47 APPEARANCE of Counsel Form filed by Caroline A. Flynn for Center for Biological Diversity, Florida Springs Council, Indian Riverkeeper, Kissimmee Waterkeeper, Matanzas Riverkeeper, Miami Waterkeeper, Save the Manatee Club, Sierra Club, Waterkeepers Florida Related cases? Yes. [25-11821] (ECF: Caroline Flynn) [Entered: 10/03/2025 09:48 AM] |
| Filing 46 APPEARANCE of Counsel Form filed by Rachael Curran for Amici Hope Babcock; Paul Boudreaux; Christophe Courchesne; Holly Doremus; Oliver Houck; Michelle Nowlin; Patrick Parenteau; Zygmunt Plater; Daniel Rohlf; William J. Snape, III; and Delcianna Winders Related cases? Yes. [25-11821] (ECF: Alyssa Huffman) [Entered: 10/03/2025 09:16 AM] |
| Filing 45 APPEARANCE of Counsel Form filed by Jaclyn Lopez for Amici Hope Babcock; Paul Boudreaux; Christophe Courchesne; Holly Doremus; Oliver Houck; Michelle Nowlin; Patrick Parenteau; Zygmunt Plater; Daniel Rohlf; William J. Snape, III; and Delcianna Winders Related cases? Yes. [25-11821] (ECF: Alyssa Huffman) [Entered: 10/03/2025 09:13 AM] |
| Filing 44 Notice of deficient Appearance of Counsel forms filed by Alyssa Huffman. The Appearance of Counsel forms for Jaclyn Lopez and Rachael Curran must be separately docketed. Please remedy the default within 3 days from this date. [25-11612, 25-11821] [Entered: 10/03/2025 08:15 AM] |
| Filing 43 ***See corrected brief filed on October 14, 2025***Amicus Brief as of right or by consent of the parties filed by Alyssa Huffman for Amici Hope Babcock; Paul Boudreaux; Christophe Courchesne; Holly Doremus; Oliver Houck; Michelle Nowlin; Patrick Parenteau; Zygmunt Plater; Daniel Rohlf; William J. Snape, III; and Delcianna Winders. [25-11821]--[Edited 10/14/2025 by JC] (ECF: Alyssa Huffman) [Entered: 10/02/2025 04:03 PM] |
| Filing 42 APPEARANCE of Counsel Form filed by Alyssa Huffman, Jaclyn Lopez, and Rachael Curran for Amici Hope Babcock; Paul Boudreaux; Christophe Courchesne; Holly Doremus; Oliver Houck; Michelle Nowlin; Patrick Parenteau; Zygmunt Plater; Daniel Rohlf; William J. Snape, III; and Delcianna Winders Related cases? Yes. [25-11821] (ECF: Alyssa Huffman) [Entered: 10/02/2025 04:00 PM] |
| Filing 41 Supplemental Appendix [4 VOLUMES] filed by Appellee Bear Warriors United, Inc.. [25-11821] (ECF: Jessica Blome) [Entered: 10/02/2025 01:07 PM] |
| Filing 40 NOTICE OF CERTIFICATE OF INTERESTED PERSONS (CIP) DEFICIENCY issued to Jeffrey Jennings for Pacific Legal Foundation and Save Crystal River in 25-11612, 25-11821. You have failed to complete the Web-Based CIP on the Court's website. Please remedy the default within 14 days from this date. [25-11612, 25-11821] [Entered: 10/02/2025 09:34 AM] |
| Filing 39 Notice of deficient Appearance of Counsel forms filed by Victoria Molyneaux and Sierra B. Weaver for Defenders of Wildlife. The Appearance of Counsel forms must also be filed in appeal no. 25-11612. [Entered: 10/02/2025 09:24 AM] |
| Filing 38 Appellee's Brief filed by Appellee Bear Warriors United, Inc.. [25-11821] (ECF: Jessica Blome) [Entered: 09/26/2025 05:15 PM] |
| Filing 37 APPEARANCE of Counsel Form filed by Sierra B. Weaver for Defenders of Wildlife. Related cases? Yes. [25-11821] (ECF: Sierra Weaver) [Entered: 09/26/2025 03:44 PM] |
| Filing 36 APPEARANCE of Counsel Form filed by Victoria Molyneaux for Defenders of Wildlife. Related cases? Yes. [25-11821] (ECF: Victoria Molyneaux) [Entered: 09/26/2025 03:25 PM] |
| Filing 35 Notice of deficient Appearance of Counsel form filed by Victoria Molyneaux and Sierra B. Weaver for Defenders of Wildlife. The appearance forms must be separately docketed. Please remedy the default within 3 days from this date. [Entered: 09/26/2025 03:21 PM] |
| Filing 34 ***Docketed in Error***APPEARANCE of Counsel Form filed by Victoria Molyneaux for Defenders of Wildlife and Sierra B. Weaver for Defenders of Wildlife. Related cases? Yes. [25-11821]--[Edited 09/26/2025 by JC] (ECF: Victoria Molyneaux) [Entered: 09/26/2025 02:11 PM] |
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Filing 33
ORDER: The motion to appear pro hac vice filed by Victoria Molyneaux is GRANTED by clerk. [32]. [25-11612, 25-11821] [Entered: 09/25/2025 01:49 PM]
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| Filing 32 MOTION to appear pro hac vice filed by Attorney Victoria Molyneaux for Defenders of Wildlife in 25-11612 and 25-11821. [32] [25-11612, 25-11821] [Entered: 09/25/2025 01:47 PM] |
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Filing 31
ORDER: The motion to appear pro hac vice filed by Sierra B. Weaver is GRANTED by clerk in 25-11612 and 25-11821. [ # 10564614-2 ] [25-11612, 25-11821] [Entered: 09/25/2025 01:32 PM]
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| Filing 30 MOTION to appear pro hac vice filed by Attorney Sierra B. Weaver for Defenders of Wildlife. [30] [Entered: 09/25/2025 01:30 PM] |
| Filing 29 Amicus Brief filed by Amici Curiae Florida Home Builders Assocation, Florida Onsite Wastewater Association and National Onsite Wastewater Recycling Association in 25-11612 and 25-11821. [25-11612, 25-11821] [Entered: 08/26/2025 09:58 AM] |
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Filing 28
ORDER: The Motion of the Florida Home Builders Association, Florida Onsite Wastewater Association, and National Onsite Wastewater Recycling Association for Leave to File Brief as Amici Curiae Supporting Defendant-Appellant and Reversal is GRANTED. [ # 10526570-2 ] RSR [25-11612, 25-11821] [Entered: 08/26/2025 09:49 AM]
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Filing 27
ORDER: Appellants Unopposed Motion to Expedite Argument and Set Briefing Schedule is GRANTED. Appellees response brief is due on or before September 26, 2025. Appellants reply brief is due on or before October 17, 2025. The Clerk is DIRECTED to place these consolidated appeals on the next available oral argument calendar with a vacancy after the completion of briefing. [ # 10521321-2 ] [ # 10521321-3 ] EJK [25-11612, 25-11821] [Entered: 08/13/2025 10:41 AM]
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| Filing 26 APPEARANCE of Counsel Form filed by Erica Peterson for Movant Amici Curiae Florida Home Builders Association, Florida Onsite Wastewater Association, National Onsite Wastewater Recycling Association Related cases? Yes. [25-11821] (ECF: Erica Peterson) [Entered: 08/10/2025 06:22 PM] |
| Filing 25 APPEARANCE of Counsel Form filed by Karma B. Brown for Movant Amici Curiae Florida Home Builders Association, Florida Onsite Wastewater Association, National Onsite Wastewater Recycling Association Related cases? Yes. [25-11821] (ECF: Karma Brown) [Entered: 08/10/2025 06:17 PM] |
| Filing 24 APPEARANCE of Counsel Form filed by Elizabeth Carter Chandler Clements for Movant Amici Curiae Florida Home Builders Association, Florida Onsite Wastewater Association, National Onsite Wastewater Recycling Association Related cases? Yes. [25-11821] (ECF: Elizabeth Clements) [Entered: 08/10/2025 06:11 PM] |
| Filing 23 APPEARANCE of Counsel Form filed by Andrew J. Turner for Movant Amici Curiae Florida Home Builders Association, Florida Onsite Wastewater Association, National Onsite Wastewater Recycling Association Related cases? Yes. [25-11821] (ECF: Andrew Turner) [Entered: 08/10/2025 06:04 PM] |
| Filing 22 APPEARANCE of Counsel Form filed by Matthew Zane Leopold for Movant Amici Florida Home Builders Association, Florida Onsite Wastewater Association, and National Onsite Wastewater Recycling Association Related cases? Yes. [25-11821] (ECF: Matthew Leopold) [Entered: 08/10/2025 05:44 PM] |
| Filing 21 APPEARANCE of Counsel Form filed by Mark Miller for Amici Curiae Pacific Legal Foundation and Save Crystal River Related cases? No. [25-11821] (ECF: Mark Miller) [Entered: 08/04/2025 04:12 PM] |
| Filing 20 Certificate of Interested Persons and Corporate Disclosure Statement filed by Jeffrey D. Jennings for Amici Curiae Pacific Legal Foundation and Save Crystal River. On the same day the CIP is served, any filer represented by counsel must also complete the court's web-based stock ticker symbol certificate at the link here http://www.ca11.uscourts.gov/web-based-cip or on the court's website. See 11th Cir. R. 26.1-1(b). [25-11821] (ECF: Jeffrey Jennings) [Entered: 08/04/2025 04:08 PM] |
| Filing 19 Amicus Brief as of right or by consent of the parties filed by Jeffrey D. Jennings for Amici Curiae Pacific Legal Foundation and Save Crystal River. [25-11821] (ECF: Jeffrey Jennings) [Entered: 08/04/2025 04:06 PM] |
| Filing 18 APPEARANCE of Counsel Form filed by Jeffrey D. Jennings for Amici Curiae Pacific Legal Foundation and Save Crystal River Related cases? No. [25-11821] (ECF: Jeffrey Jennings) [Entered: 08/04/2025 04:05 PM] |
| Filing 17 Appendix filed [FOUR VOLUMES] by Appellant Secretary, Florida Department of Environmental Protection. [25-11821] (ECF: Jeffrey Harris) [Entered: 08/01/2025 12:52 PM] |
| Filing 16 APPEARANCE of Counsel Form filed by Nicholas Venable for Alexis Lambert, in her official capacity as Secretary of the Florida Department of Environmental Protection Related cases? Yes. [25-11821] (ECF: Nicholas Venable) [Entered: 07/28/2025 05:47 PM] |
| Filing 15 MOTION to expedite oral argument, to restart or set briefing schedule filed by Secretary, Florida Department of Environmental Protection. Motion is Unopposed. [15] [25-11821] (ECF: Jeffrey Harris) [Entered: 07/28/2025 05:25 PM] |
| Filing 14 Appellant's brief filed by Secretary, Florida Department of Environmental Protection. [25-11821] (ECF: Jeffrey Harris) [Entered: 07/28/2025 04:47 PM] |
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Filing 13
ORDER: The motion to withdraw Lesley Blackner as counsel for the Appellee in Appeal no. 25-11612 is GRANTED. [ # 10506788-2 ] RJL [25-11612, 25-11821] [Entered: 07/10/2025 03:39 PM]
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| Filing 12 Briefing Notice issued to Appellant Secretary, Florida Department of Environmental Protection in 25-11612. The appellant's brief is due on or before 07/28/2025. The appendix is due no later than 7 days from the filing of the appellant's brief. [25-11612, 25-11821] [Entered: 06/17/2025 05:36 PM] |
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Filing 11
ORDER: Motion for stay of injunction filed by Appellant Secretary, Florida Department of Environmental Protection is DENIED. [ # 10476828-2 ] in 25-11612; Motion to consolidate appeals filed by Appellant Secretary, Florida Department of Environmental Protection is GRANTED. [ # 10481566-2 ] in 25-11612, Motion to consolidate appeals filed by Appellant Secretary, Florida Department of Environmental Protection is GRANTED. [ # 6 ] in 25-11821 RSR, JP and BCG;GRANT Dissenting in Part (See attached order for complete text) [25-11612, 25-11821] [Entered: 06/17/2025 05:01 PM]
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| Filing 10 Appellate fee was paid on 06/16/2025 as to Appellant Secretary, Florida Department of Environmental Protection. [Entered: 06/17/2025 12:15 PM] |
| Filing 9 Certificate of Interested Persons and Corporate Disclosure Statement filed by Attorney Jessica L. Blome for Appellee Bear Warriors United, Inc.. On the same day the CIP is served, any filer represented by counsel must also complete the court's web-based stock ticker symbol certificate at the link here http://www.ca11.uscourts.gov/web-based-cip or on the court's website. See 11th Cir. R. 26.1-1(b). [25-11821] (ECF: Jessica Blome) [Entered: 06/04/2025 04:45 PM] |
| Filing 8 Civil Appeal Statement filed by Attorney Jeffrey Matthew Harris for Appellant Secretary, Florida Department of Environmental Protection. Related cases? Yes. [25-11821] (ECF: Jeffrey Harris) [Entered: 06/04/2025 09:45 AM] |
| Filing 7 Certificate of Interested Persons and Corporate Disclosure Statement filed by Attorney Jeffrey Matthew Harris for Appellant Secretary, Florida Department of Environmental Protection. On the same day the CIP is served, any filer represented by counsel must also complete the court's web-based stock ticker symbol certificate at the link here http://www.ca11.uscourts.gov/web-based-cip or on the court's website. See 11th Cir. R. 26.1-1(b). [25-11821] (ECF: Jeffrey Harris) [Entered: 06/04/2025 09:36 AM] |
| Filing 6 MOTION to consolidate appeals 25-11612 and 25-11821 filed by Secretary, Florida Department of Environmental Protection. Motion is Unopposed. [6] [25-11821] (ECF: Jeffrey Harris) [Entered: 06/04/2025 09:34 AM] |
| Filing 5 APPEARANCE of Counsel Form filed by Jessica L. Blome for Bear Warriors United, Inc.. Related cases? No. [25-11821] (ECF: Jessica Blome) [Entered: 06/03/2025 02:47 PM] |
| Filing 4 APPEARANCE of Counsel Form filed by Bryan Weir for Secretary, Florida Department of Environmental Protection Related cases? Yes. [25-11821] (ECF: Bryan Weir) [Entered: 06/03/2025 02:08 PM] |
| Filing 3 APPEARANCE of Counsel Form filed by Jeffrey M. Harris for Secretary, Florida Department of Environmental Protection Related cases? Yes. [25-11821] (ECF: Jeffrey Harris) [Entered: 06/03/2025 02:03 PM] |
| Filing 2 CIVIL APPEAL DOCKETED. Notice of appeal filed by Appellant Secretary, Florida Department of Environmental Protection on 05/28/2025. Fee Status: Fee Not Paid. Awaiting Appellant's Certificate of Interested Persons due on or before 06/20/2025 as to Appellant Secretary, Florida Department of Environmental Protection. Awaiting Appellee's Certificate of Interested Persons due on or before 06/30/2025 as to Appellee Bear Warriors United, Inc.. [Entered: 06/02/2025 04:56 PM] |
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