Posts tagged florida.

The November 6 election will include environmental ballot initiatives as well as issues dividing candidates and the results should provide an interesting aspect of the election.

At the outset it's noteworthy that, on a national level, environmental issues rank down the list of issues that voters consider "very important" behind such things as healthcare, the economy, social security, taxes, and immigration, among others, and a combination of some of these will probably turn the election in most areas. (Pew Research). Nevertheless, environmental issues are significant in ...

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 ...
Posted in: Florida
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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