A federal district judge has rejected a motion by the Florida Department of Environmental Protection (FDEP) to dismiss a lawsuit alleging the agency’s failure to properly regulate sewage disposal is devastating the state’s manatee population.

Judge Carlos Mendoza issued the decision Sept. 18 in the Central District of Florida. The plaintiff group, Bear Warriors United, called the ruling a legal victory in the group’s quest to stem the loss of seagrass in the Indian River Lagoon area, which is a major food source for the state’s manatees

The Florida manatee was originally listed as an endangered species under the federal Endangered Species Act of 1973. But the protection was downgraded by the U.S. Fish and Wildlife Service in 2017 as the marine mammal’s status was elevated from endangered to threatened. This occurred despite a loss of food and habitat due to development and pollution from septic tanks and municipal sewage systems, according to environmental groups.

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