Supreme Court Decision Victory For Sea Turtles - Brief Article

National Wildlife, August-Sept, 1999

A four-year legal battle by two Florida citizens to protect endangered sea turtles culminated in victory recently when the U.S. Supreme Court let stand a lower court order allowing them to sue their county government over its beachfront lighting policy.

NWF attorney John Kostyack represented the conservationists at the Supreme Court stage of their case and argued successfully that their appeals court victory should be left intact.

The plaintiffs, Shirley Reynolds and Rita Alexander, sued Volusia County on Florida's central Atlantic Coast for failing to restrict beachfront lighting that disorients nesting female sea turtles and hatchlings attempting to reach the sea.The county could solve the problem, they argued, by turning off lights, redirecting lights away from the beach or using lower level lighting.

The Supreme Court decision has broad implications, says Kostyack. 'It means that citizens can challenge entire programs at any level of government that indirectly contribute to the decline of protected species.' The case now goes back to federal district court for trial, but it may never get that far. The Volusia County council reportedly is considering changes in its beachfront lighting that will protect turtles without further legal action.