A combination of factors in Alabama has raised concerns about the reliability of adequate water in various parts of the State in the event of prolonged droughts or significant withdrawals. Industrial users and public water systems would be well advised to become familiar with, and participate in, current efforts by State government and the Legislature to address these problems. Alabama has an abundance of surface stream mileage, and historically has had the water to fill those stream beds. In fact, Alabama is said to have more navigable channels than any other state. (A Treasure ...
Florida Department of Environmental Protection (FDEP) touts the success of the State's Brownfields Redevelopment Program. Since its inception in 1997, Florida's Brownfields Redevelopment Act ( Florida Statutes Sections 376.77 -376.85) has been viewed as successfully encouraging the redevelopment of abandoned or underutilized industrial and commercial property. The Brownfield's program provides a mix of regulatory and financial incentives to encourage the voluntary cleanup and redevelopment of qualified sites. FDEP recently released its Annual Report on the ...
On May 22, 2014 the Florida Supreme Court in South Florida Water Management District v RLI Live Oak, LLC, No. SC12-2336 ruled that in circumstances where a Florida Statute authorizes a state governmental agency like the Water Management District to recover a civil penalty in a judicial forum, then the agency must only prove the violation by a preponderance of the evidence. In this case the applicable statue did not specify the agencies burden to prove the violation. The Supreme Court distinguished its previous ruling in Department of Banking & Finance V Osborne Stern & Co. 670 So. 2d 932 ...
Following new state legislation granting the Florida Department of Environmental Protection ("FDEP") the authority to establish one statewide rule for the environmental resource permitting ("ERP") program, FDEP in early October finalized the new rule -Chapter 62-330. Previously, Florida's five water management districts implemented different versions of rules addressing impacts to wetlands and surface waters. An ERP permit is required for certain activities that cause water pollution or affect wetlands and other surface waters. The new rule is now applied statewide ...
Earlier this month, the State of Florida announced it will be filing a lawsuit in September in the U.S. Supreme Court seeking to limit Georgia's consumption of water from the Chattahoochee and Flint River Basins through an injunction. Florida claims that the unchecked consumption of the upstream water flows have negatively impacted Apalachicola Bay by increasing the salinity of the Bay, particularly in the summer and fall months. The reduction in the salinity is blamed for the reduction in the oyster population. Apalachicola Bay produces 90% of Florida's oyster supply and 10% of the ...
The Florida Legislature recently adopted a new law that allows the Florida Department of Environmental Protection ("FDEP") to establish surface water quality standards in the state. The Governor is expected to support the new law. The new law essentially approved FDEP's nutrient standards for streams, springs, lakes, and estuaries in accordance with the document entitled "Implementation of Florida's Numeric Nutrient Standards." The water quality standards primarily focus on Nitrogen(N) and Phosphorus (P) found in surface waters. The adoption of the law resolves years of ...
"The complex system of environmental laws and regulations impact our clients' businesses in a variety of contexts. Our attorneys regularly counsel clients on environmental legal issues arising in business strategy, regulatory compliance, permitting, transactions and resolution of disputes. Land conservation, historic preservation, brownfield redevelopment, environmental remediation, recycling, greenhouse gas, climate change, and regulation of air, water and wastes, all have the potential to pose challenges to corporate or real estate transactions. Our attorneys ...
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