Prior to joining the firm in 1985, Terry Cole served as Assistant Secretary of the Florida Department of Environmental Regulation, as well as General Counsel. His responsibilities involved all programs of the Department, and he directed the development of many of its rules. During more than a dozen years with the agency, Mr. Cole was involved in the principal legislative issues that arose during this tenure, including the Water Quality Assurance Act, which established the groundwater programs of the agency, and the Wetlands Protection Act. He also served as Enforcement Administrator for the Department. He had and continues to have substantial involvement in the development of the water and air quality rules, including TMDL, NPDES, Title V, chronic toxicity, water quality standards, groundwater, and wetlands. He is familiar with virtually all areas of environmental law and has extensive experience in environmental dispute resolution.
Mr. Cole is the author or a number of books and papers, including the new Florida Bar Environmental Law Treatise chapter on Water Quality and NPDES permitting, and the current Treatise's chapter on on wetlands. He has published a number of papers on the TMDL program in Florida. He also authored the chapter on Environmental Agencies in the Florida Bar's Treatise on Administrative Law. He is a frequent speaker on air and water quality issues. He closely follows rule development issues in the water, solid waste and air programs and advises clients on these issues. He handles matters relating to power plant and linear facility siting, matters involving sovereignty submerged lands, and the Governor and Cabinet in their proprietary role over acquisition and management of state lands.
Practice Areas: Environmental Law; Governmental Administrative Law; Litigation.
Admitted: 1971, Florida, U.S. District Court, Northern, Middle and Southern Districts of Florida and U.S. Court of Appeals, Fifth and Eleventh Circuits; 1977, U.S. Supreme Court
Law School: Florida State University, J.D., 1970.
College: Florida State University, B.A., 1967.
Member: The Florida Bar (Member, Sections on: Environmental and Land Use Law; Administrative and Governmental Law; Natural Resources); Leon County Water Resources Committee (Vice-Chairman; Chairman, Board of Emergency Care Help Organization).
Biography: Delta Theta Phi. Author: Chapter 6, "State and Federal Regulation of Construction Activities in the Waters and Wetlands of Florida," Florida Environmental and Land Use Law, The Florida Bar, 1986, 1988, 1991; "Practice before Environmental Licensing Agencies," 2d Ed., Florida Administrative Practice, 1981 and 1989, and "Water Quality Discharge Permitting," 1997; "Groundwater and Practice Regulation"; "Total Maximum Daily Loads in Florida," 1999, 2002, 2003, 2004; "NPDES Permitting,"; "Florida Environmental Law Treatise," 1999, 2002. Enforcement Administrator, 1974-1977, Deputy General Counsel, 1977-1979, General Counsel, 1979-1981 and Assistant Secretary, 1981-1985, Florida Department of Environmental Regulation.
Military: 1st Lt., U.S. Army, 1970-1971
Reported Cases: Keyhaven Associated Enterprises v. State of Florida; South Florida Water Management District v. Miccosukee Tribe of Florida (U.S. Supreme Court, 2004).
Special Agencies: Florida Department of Environmental Protection; Florida Water Management Districts; U.S. Environmental Protection Agency
Transactions: Numerous sales or purchases of individual sites: St. Joe Paper Co.; Smurfit Stone Container Corp.
Born: Johnson City, Tennessee, July 26, 1945.
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