St. Johns River Water Supply Impact Study Released by SJRWMD
The study confirms that the St. Johns River can be used as an alternative water supply source
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Numeric Nutrient Bill Passes Legislature
HB 7051 now heads to the Governor's desk for approval.
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Georgia Power Receives License for Construction of New Nuclear Units at Plant Vogtle
The Nuclear Regulatory Commission voted 4 - 1 to grant the license, the first in a generation for nuclear power.
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News
St. Johns River Water Supply Impact Study Released by SJRWMD - 2/15/2012
The study confirms that the St. Johns River can be used as an alternative water supply source
Numeric Nutrient Bill Passes Legislature - 2/9/2012
HB 7051 now heads to the Governor's desk for approval.
Georgia Power Receives License for Construction of New Nuclear Units at Plant Vogtle - 2/9/2012
The Nuclear Regulatory Commission voted 4 - 1 to grant the license, the first in a generation for nuclear power.
SJRWMD announces Florida Water Star Program now available statewide - 2/9/2012
Florida Green Building Coalition agrees to administer the program in the Suwannee River and Northwest Florida water management districts
U.S. District Court Suggests Commerce Clause May Bar RCRA Citizen Suit Where Contamination is Localized - 2/7/2012
In Voggenthaler v. Maryland Square, LLC, District Judge states where "the contamination is a local and isolated plume that does not affect [interstate commerce]" the court lacks subject matter jurisdiction over the RCRA claims.
SFWMD proposes rulemaking on documentation of reclaimed water availability - 2/3/2012
Proposes to amend Rule 40E-2.091 and Section 3.2.3.2.B.2 of the Basis of Review to require water use permit applicants to obtain written documentation from their local reclaimed water provider addressing the availability of reclaimed water.
Environmental Regulation Commission to meet February 16th - 2/3/2012
Topics include numeric nutrient criteria, PM 2.5 standards, and amendments to solid waste rules.
FDEP to Amend Solid Waste Rules - 1/20/2012
The Florida Department of Environmental Protection is proposing to amend Chapter 62-701, F.A.C., which contains regulations for a wide variety of solid waste facilities including landfills, construction and demolition debris disposal facilities and waste processing facilities. Comments on the rule are due February 10, 2012.
FPL Proposes Base Rate Increase in 2013 - 1/17/2012
The rate increase is estimated at $6.80 monthly, or about 23 cents a day, on the base portion of a typical residential customer bill.
EPA Publishes 2010 Greenhouse Gas Emissions Data Online - 1/12/2012
EPA's online data publication tool allows users to view and sort GHG data for calendar year 2010 from over 6,700 facilities in a variety of ways -- including by facility, location, industrial sector, and the type of GHG emitted.
Appeals Court Reinstates EPA's Boiler Clean Air Rule - 1/11/2012
Owners and operators of existing facilities required to meet the best practice standards must comply with the rule by March 21, 2012.
President Obama Delivers Speech to EPA Staff - 1/10/2012
President thanks EPA staff for their work.
EPA Settles With Two Cement Companies - 1/5/2012
Cement plants are being targeted under one of EPA's National Enforcement Initiatives for 2011-2013.
SJRWMD to Initiate Rulemaking on Reclaimed Water - 12/30/2011
The purpose of the rule development is to implement the provisions of Sections 373.250(3)(c)-(d) of the Florida Statutes, which mandate rules to require that permit applicants provide written documentation from a reuse utility on the availability of reclaimed water.
EPA Finalizes 2012 Renewable Fuel Standards - 12/29/2011
The final 2012 overall volumes and standards are: Biomass-based diesel (1.0 billion gallons, 0.91 percent); Advanced biofuels (2.0 billion gallons, 1.21 percent); Cellulosic biofuels (8.65 million gallons, 0.006 percent); Total renewable fuels (15.2 billion gallons, 9.23 percent)
EPA Issues Air Toxics Standards For Power Plants - 12/21/2011
The U.S. Environmental Protection Agency (EPA) has issued the Mercury and Air Toxics Standards, the first national standards to regulate power plant emissions of mercury and pollutants like arsenic, acid gas, nickel, selenium, and cyanide.
OFCB Participates in Christmas Party for Residents of ECHO's Bethany Family Apartments - 12/15/2011
Music, games, a feast, and, of course, Santa Claus giving each child a stocking and lots of presents donated by OFCB.
Georgia Governor Issues Draft Report from Water Supply Task Force - 12/15/2011
D.C. Circuit finds EPA acted arbitrarily when promulgating rules setting emissions standards for Portland cement facilities - 12/13/2011
EPA's decision to base its NESHAP standard on a premise the agency had already agreed to disrupt - by altering the content of the source category - was arbitrary and capricious.
ERC unanimously approves ammended rules for NNC standards - 12/8/2011
FDEP Secretary Vinyard announces ERC approval pf ammended rules for numeric nutrient criteria standards for Florida rivers, lakes, streams, springs, and estuaries.
EPA Region IV Releases Enforcement Activity for Clean Water Act Violations - 12/7/2011
Between October 1, 2010 and September 30, 2011, the U.S. Environmental Protection Agency (EPA) Region 4 issued Consent Agreements and Final Orders (CA/FOs) against 25 entities throughout the Southeast for violations of the Clean Water Act (CWA).
EPA Proposes Changes to Clean Air Act Standards for Boilers and Incinerators - 12/2/2011
DEP Plans Meeting on Dissolved Oxygen Standards - 11/18/2011
Tuesday, November 29, 2011, 9:00 a.m. at the Florida Department of Environmental Protection, Conference Room A, Marjory Stoneman Douglas Building, 3900 Commonwealth Blvd., Tallahassee, Florida
Florida Supreme Court Limits Liability for Exactions Under Takings Clause - 11/18/2011
In a recent decision, the Florida Supreme Court has narrowed the circumstances in which a developer may pursue a Takings claim based upon exactions.
FDEP Notices Proposed NNC Rules - 11/10/2011
Proposed rules establish numeric interpretations of the narrative surface water quality criterion for nutrients in paragraph 62-302.530(47)(b), F.A.C., for streams, lakes, spring vents, and specific estuaries in Southwest and South Florida.
FDEP Proposes NNC Rule Revisions - 11/10/2011
The proposed rule revisions, which are water quality standards, provide for the assessment of the numeric interpretations of the narrative surface water quality criterion for nutrients that are proposed for adoption in Chapter 62-302, F.A.C. The numeric interpretations are applied as spatial averages, depending on waterbody type, consistent with their derivations.
FDEP Initiates Rulemaking on Numeric Nutrient Criteria - 11/10/2011
A hearing on the rule will be held December 8th at 9 a.m., Tallahassee City Commission Chambers, 300 S. Adams Street, Tallahassee, Florida 32301.
1st DCA Order in Martin County land use case - 11/9/2011
1st DCA orders environmental groups to pay attorneys fees in a development challenge in Martin County.
1st DCA orders environmental groups to pay attorneys fees in a development challenge in Martin County - 11/9/2011
First DCA enters ruling in appeal of Martin County comprehensive land-use plan changes and orders Appellant environmental groups to pay attorneys fees.
EPA Indicates Preliminary Approval of FDEP Nutrient Rules - 11/2/2011
EPA's final approval will come after rule adoption and ratification by the Legislature.
FDEP to Propose Amendments to RBCA and CTLs - 10/28/2011
The rulemaking is in in response to a petition filed by Associated Industries of Florida
FDEP to brief ERC on Numeric Nutrient Criteria and Rule Repeal - 10/21/2011
The briefing will take place at the Environmental Regulation Commission's upcoming meeting on November 3rd in Tallahassee.
PSC Issues New Study On Electricity Rates - 9/28/2011
The study, which was prepared by the Public Utility Research Center at the University of Florida, finds that Florida's high electric rates are due to a heavy reliance on relatively expensive natural gas.
DEP SECRETARY APPOINTS CLAY SMALLWOOD AS DIVISION OF STATE LANDS DIRECTOR - 9/20/2011
Smallwood comes to DEP with more than 30 years of experience with St. Joe Company in land management in Florida.
Florida Public Service Commission Selects Braulio Baez as Executive Director - 9/16/2011
Baez, a former PSC Commissioner appointed by Governor Jeb Bush, is expected to start serving in the position on October 1st.
EPA Delays NSPS Greenhouse Gas Rules - 9/16/2011
New Source Performance Standards for greenhouse gases will come after September 30th deadline.
FDEP to Hold Meeting on NNC for Estuaries - 9/16/2011
The meeting will be held on October 4th at 9 am at the Rookery Bay National Estuarine Research Reserve, Auditorium, 300 Tower Road, Naples, Florida
Board of Trustees to Consider Rule Amendments to Expand Delegation to FDEP Staff - 9/2/2011
The proposed amendments, which could help expedite permitting, would delete the slip threshold and increase the preempted area threshold from 50,000 square feet to 150,000 square feet.
FDEP to Incorporate Changes to Federal Hazardous Waste Rules - 9/2/2011
The amendments will incorporate by reference changes made by the U.S. Environmental Protection Agency (EPA) to its hazardous waste rules between July 1, 2009 and June 30, 2010
President Obama asks EPA to Withdraw Ozone NAAQS Revisions - 9/2/2011
The changes will be delayed to reduce economic uncertainty, and allow additional time to update science related to the ozone standard.
Kirby Green to Retire from SJRWMD October 3rd - 8/29/2011
FDEP to Hold Follow-Up Meetings in September on Possible NNC Rule Changes - 8/25/2011
Tuesday, September 13, 2011, 9:00 a.m., City of Leesburg Community Center, 109 E. Dixie Avenue, Leesburg, Florida and Wednesday, September 14, 2011, 9:00 a.m., Florida Department of Environmental Protection, Bob Martinez Center, 2600 Blair Stone Road, Room 609, Tallahassee, Florida
FDEP Announces $700 Million in Water Management Districts' Budget Reductions - 8/24/2011
Florida Department of Environmental Protection Secretary Herschel T. Vinyard Jr. today announced that after months of cooperation between FDEP and the state's five water management districts, the districts' budgets reflect a year-over-year reduction of more than $700 million.
Gregory M. Munson Appointed as Deputy Secretary for Water Policy and Ecosystem Restoration - 8/17/2011
FDEP Secretary Herschel T. Vinyard Jr. has announced the appointments of Gregory M. Munson as Deputy Secretary for Water Policy and Ecosystem Restoration and Dr. Ann B. Shortelle as Water Policy Director. Deputy Secretary Munson and Dr. Shortelle will coordinate state water policy development and implementation, specifically as it relates to the Water Management Districts.
FDEP to Hold Meetings in August on BMAPs - 8/8/2011
The meetings will provide an opportunity for stakeholder comment on Alafia River BMAP, Hillsborough River BMAP, and Manatee River BMAP.
FDEP Recommends Board of Trustees Repeal of Certain State Lands Rules - 8/8/2011
The rules are classified by FDEP as duplicative and unnecessary. The Cabinet Aides will take comment on the issue on August 10th, and the Board of Trustees is set to vote on the issue August 16th.
Oertel, Fernandez, Cole & Bryant ranked among "Best Law Firms" by U.S. News & World Report - 8/4/2011
We are proud to report that Oertel, Fernandez, Cole & Bryant has been ranked among the first tier of law firms in Administrative, Regulatory, and Environmental practice for 2011-2012.
PSC to Hold Hearing on FPL & PEF Nuclear Costs - 7/22/2011
August 10-12, 15-19, and 24-26, 2011, at 9:30 a.m.
National Academies to Meet on NNC in Orlando - 7/22/2011
Public comments will be heard on July 25th and 26th.
DEP to meet on Dissolved Oxygen Criteria - 7/22/2011
Thursday, August 11, 2011, 9:00 a.m., FDEP Northeast District Office, Jacksonville, Florida
Federal Court Strikes Down EPA CAA Guidance - 7/21/2011
Court says that the guidance should have been adopted as a rule.
DEP to hold Workshop on Solid Waste Rules - 7/18/2011
The August 2, 2011, workshop will discuss proposed changes to Chapter 62-701, F.A.C., Solid Waste Management Facilities.
U.S. House passes Clean Water Cooperative Federalism Act - 7/15/2011
HR 2018 would shift some authority under the Clean Water Act from EPA to the states.
FDEP to Meet Regarding Possible NNC Rule Changes - 7/8/2011
The Florida Department of Environmental Protection will meet to present information and receive public comments on July 27th in Leesburg and August 3rd in Tallahassee regarding possible numeric nutrient standards for Florida's surface waters.
FDEP to Meet on ERP Delegation Rule Changes - 7/8/2011
The meeting will be held on July 26th, and persons can appear in person or by phone.
Comment Period on CWA Jurisdictional Guidance Document Extended - 6/27/2011
The U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers have extended the public comment period by 30 days for the draft guidance on Identifying Waters Protected by the Clean Water Act.
Seventh Circuit Takes Expansive View of Standing - 6/24/2011
The U.S. Seventh Circuit Court of Appeals has issued a recent opinion taking an expansive view of standing in environmental cases.
EPA Extends Comment Period on Power Plant Air Toxics Rules - 6/22/2011
Extension will have no impact on timeline for finalizing standards, which are expected in November 2011.
U.S. Supreme Court Blocks Global Warming Nuisance Cases - 6/21/2011
The Court's decision will block state governments and others from filing nuisance suits in federal court while EPA acts to curb "greenhouse gas" emissions.
FDEP Fills Several Director Positions - 6/21/2011
The Florida Department of Environmental Protection has filled several important District Director and Division Director positions.
SFWMD Region Drought Continues - 6/17/2011
Extremely low rainfall totals at the onset of the wet season have intensified ongoing drought conditions in the SFWMD. The wet season is off to its driest start in more than 20 years, following below-normal rainfall levels that began in October.
EPA Extends Comment Period for Draft Construction General Permit - 6/14/2011
EPA is extending the public comment period for the draft Construction General Permit (CGP) from June 24, 2011, to July 11, 2011, to give stakeholders additional time to review the draft permit and provide comments.
EPA will delay implementation of nutrient standards, if state can establish its own - 6/14/2011
EPA has announced that it is prepared to withdraw a portion of its proposed numeric nutrient criteria and delay the portion related to estuarine waters, to allow the Florida Department of Environmental Protection to develop its own criteria.
FWC Revises Gopher Tortoise Guidelines - 6/9/2011
The revised guidelines include reduced monitoring requirements for landowners and a modified conservation permit for on-site relocation.
FWC Approves Listing Status Changes for Threatened Species - 6/9/2011
Sixteen species are being recommended for delisting, which means that the scientific process used did not indicate the species were at high risk of extinction.
SFWMD Reorganizes Management - 6/6/2011
The South Florida Water Management District has reorganized its management structure reducing the number of top managers at the District from 15 to 9.
DOI withdraws meaning of "In Danger of Extinction Throughout All or a Significant Portion of its Range" - 6/1/2011
The Solicitor of the U.S. Department of Interior has withdrawn a 2007 opinion setting forth Interior's position on a key phrase in ESA listing decisions under ESA s.1532(6) in response to recent judicial opinions that rejected the USFWS's purported authority to list or protect a species under the ESA in only portions of its range.
EPA Agrees to Reconsider Portions of NESHAPs and NSPS for Cement Kilns - 5/31/2011
EPA has published a notice detailing its plans to reconsider portions of the national emissions standards for hazardous air pollutants and new source performance standards for cement kilns.
EPA Warns of Hazardous Material Releases During Hurricane Season - 5/31/2011
As hurricane season approaches, EPA issues Hazardous Weather Release Prevention and Reporting alert to remind facility operators of regulations that require minimization of chemical releases during process shutdown operations.
EPA Repeals "Grandfather" Provision for PM 2.5 - 5/31/2011
EPA has issued a final rule repealing the "grandfather" provision for fine particulate matter - PM 2.5 - which allowed certain facilities with federal PSD permits dated before July 15, 2008, to use coarse particles as a surrogate for fine particles.
FDEP Division of Air Resource Management - Corrective and Clarifying Amendments - Proposed SIP Revision - 5/27/2011
FDEP has published in the Florida Administrative Law Weekly a notice of opportunity to request a hearing or submit written comments on a proposed revision to Florida's State Implementation Plan (SIP) under the Clean Air Act.
SWFWMD - Eight Local Water Basin Boards to Be Eliminated - 5/27/2011
The basin boards, which had separate taxing authority and were responsible for funding local water projects, were abolished in an economy measure by the agency.
Governor Scott vetos special appropriations on natural resources, water management, and growth management. - 5/26/2011
Governor Rick Scott's veto includes substantial reductions in appropriations for projects related to natural resources, water management, and growth management.
Drought Conditions Persist in SFWMD - 5/24/2011
Overall dry season rainfall for the District stands at 11.90 inches -- 8.72 inches below average.
EPA Targets CAFO for CWA Violations - 5/19/2011
EPA and DOJ recently announced that a CAFO will pay a $1.9 million penalty to resolve claims that the company violated the Clean Water Act, and spend approximately $3.5 million on remedial measures to ensure compliance with the law.
EPA Delays Boiler MACT and CISWI Rules - 5/17/2011
The EPA is delaying the effective dates for the final Major Source Boiler MACT and CISWI rules. EPA will accept additional data and information on these standards from the public until July 15, 2011.
South Florida Water Management District selects new director - 5/12/2011
The SFWMD governing board on Thursday agreed to hire former board member Melissa Meeker to become executive director of the agency.
Legislature Passes Bill Shifting Burden of Proof to Third Party Challengers - 5/5/2011
The Legislature passed HB 993 containing language that shifts the burden of ultimate persuasion and the burden of going forward to third party challengers in cases where an agency has taken action to issue a permit under chapter 373, 378 or 403.
EPA and Corps Release Draft Guidance on CWA Jurisdiction - 4/29/2011
The Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (the Corps) recently released draft guidance to help identify waters protected by the Clean Water Act. The guidance will help implement the Supreme Court's decisions concerning the extent of waters covered by the Act (SWANCC and Rapanos)
EPA to seek comment on new coal ash data - 4/26/2011
EPA plans to give stakeholders the opportunity to comment on its data and analysis of how to regulate the disposal of coal combustion residue amid criticisms from both environmentalists and industry that the initial proposal did not adequately assess its risk and economic impacts.
Drew Bartlett Named Director of FDEP's Division of Environmental Assessment and Restoration - 4/26/2011
Andrew "Drew" Bartlett has been named to replace Jerry Brooks as the Director of the Florida Department of Environmental Protection's Division of Environmental Assessment and Restoration. Mr. Bartlett has served as Assistant Director for the Division since 2007.
EPA Proposes Rules for Water Intake Structures - 4/26/2011
The EPA has proposed rules for existing power generating, manufacturing and industrial facilities that withdraw more than 2 million gallons of water per day from U.S. waters. The rules regulate the location, design, construction, and capacity of water intake structures on the facilities.
SFWMD mulls 40 percent cuts - 4/25/2011
The Palm Beach Post reports that the SFWMD's proposed budget cuts would eliminate 91 positions and make deep cuts to everything from office supplies to Everglades restoration programs.
FDEP petitions EPA to withdraw NNC - 4/25/2011
FDEP filed a petition on April 22, 2011 with the U.S. EPA requesting the withdrawal of EPA's January 2009 determination that numeric nutrient criteria are necessary in Florida.
Fla. environmental agency appoints water czar to oversee state's 5 water districts - 4/21/2011
The Secretary of the Florida Department of Environmental Protection has named a water czar to oversee the budgets, rules, regulations, permitting, lobbying and land deals made by the state's five water management districts.
Fertilizer Producer to Pay Clean Air Act Penalty and Spend $17 Million to Install Pollution Controls - 4/21/2011
The U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice announced that one of the nation's largest producers of nitric acid and nitrogen fertilizers, has agreed to pay $625,000 in civil penalties to settle alleged violations of the federal Clean Air Act at nine of its plants, and will also spend an estimated $17 million to install and implement new controls and technologies to reduce nitrogen oxide emissions
EPA amends rule to exempt milk producers from spill prevention requirements - 4/21/2011
Rule amendment creates exemption from spill prevention and control requirements.
Court Rules Equal Protection Claims Apply in Zoning Cases - 4/21/2011
In a case before the Second District Court of Appeal, the court has ruled that a claim that a party's equal protection rights have been violated during the zoning process can be brought under 42 U.S.C. 1983.
EPA Notification of a Public Teleconference of the Chartered Science Advisory Board on NNC - 4/20/2011
The EPA Science Advisory Board (SAB) Staff Office announces a public teleconference of the chartered SAB on May 17, 2011 to conduct a quality review of a draft SAB report entitled "Review of EPA's draft Approaches for Deriving Numeric Nutrient Criteria for Florida's Estuaries, Coastal Waters, and Southern Inland Flowing Waters."
EPA Defers Greenhouse Gas Permitting for Biomass Projects - 4/15/2011
EPA has proposed new rules that will temporarily defer - and possibly exempt - greenhouse gas permitting requirements for CO2 emissions attributable to the combustion of biomass and other biogenic fuels. The new rules defer for at least three years permitting that would otherwise have been required under EPA's Tailoring Rule. Public comments will be accepted through May 5, 2011.
EPA Solicits Public Comment on Permit to Reduce Stormwater Discharges from Construction Sites - 4/15/2011
EPA releases for public comment a draft permit regulating the discharge of stormwater from construction sites.
Wehle Resigns From SFWMD Executive Director Post - 4/14/2011
Carol Ann Wehle, the South Florida Water Management District's Executive Director, announced her retirement from the District on Wednesday. Wehle, the first woman to head a water management district, had been in her position for nearly six years.
U.S. District Judge denies fees to CWA defendant - 4/13/2011
A U.S. District Judge denied attorney's fees to a defendant in a CWA enforcement act, concluding that a defendant who prevails on an issue of standing cannot recover fees as a prevailing party.
SFWMD offers training for Florida businesses regarding online ePermitting database - 4/8/2011
District customers will have 24-hour online access to conduct a variety of water permit-related business.
NBER Explains Carbon Cost Estimate for Rulemaking - 4/8/2011
The National Bureau of Economic Research (NBER) recently released a paper summarizing and explaining its methodology for calculating the social cost of carbon (SCC).
Florida House panel approves pared-back bill on nutrient criteria - 4/7/2011
A Florida House panel has made several major changes to a measure that would have blocked state and local governments from enforcing the EPA's numeric nutrient criteria, water quality rules intended to crack down on high levels of nitrogen and phosphorus in Florida's waterways.
Dismissal of Lawsuit Regarding Critical Habitat Designation for Florida Panther - 4/7/2011
A district judge in in the U.S. Southern District of Florida has dismissed a lawsuit seeking a designation of critical habitat for the Florida Panther.
Governor Scott names Ken Lawson Secretary of DBPR - 4/7/2011
Governor Rick Scott named former federal prosecutor Ken Lawson Secretary of DBPR. A native Floridian, Lawson has held numerous regulatory positions within the private sector and federal government.
Senate Seeks Input on Clean Energy Standard - 4/4/2011
Senators Jeff Bingaman and Lisa Murkowski of the Senate Energy and Natural Resources Committee have released a white paper soliciting input on a clean energy standard ("CES"). Responses are due by April 11, 2011.
5th Circuit Holds Timber Damage from Corps' Flooding not a Taking - 4/4/2011
The United States Court of Appeals for the 5th Circuit recently overturned a takings award in favor of the Arkansas Game and Fish Commission for Corps-induced flood damage to timber.
EPA Updates Guide to Tax Incentives for Brownfields Redevelopment - 4/1/2011
One of the largest federal incentives for brownfield developers is the Brownfields Tax Incentive, which allows certain cleanup costs to be fully deducted in the year in which they are incurred, as opposed to being capitalized and deducted over a longer period.
House Passes NPDES Permit Legislation Concerning Pesticide Application - 4/1/2011
H.R. 872 would amend the Federal Insecticide, Fungicide, and Rodenticide Act and the Federal Water Pollution Control Act to clarify Congressional intent regarding the regulation of the use of pesticides in or near navigable waters.
Governor's Website Lists Rules and Contracts up for Review - 4/1/2011
Florida Has A Right to Know.com includes listing of the rules and contracts held up for review by executive orders Governor Scott signed immediately after taking office, as well as a link to request public records.
EPA Announces Proposed Regulations on Cooling Water Intake Structures - 3/30/2011
EPA has announced a costly proposal to regulate the effects of water cooling structures on aquatic organisms.
Draft EPA/Corps Guidance Seeks to Expand Federal Jurisdiction Over Wetlands - 3/29/2011
New guidelines governing federal jurisdiction over wetlands and other "isolated waters" have been sent by EPA and the Army Corps of Engineers to the Office of Management and Budget for review. If adopted, these guidelines would significantly expand federal jurisdiction under the Clean Water Act over millions of acres of property.
Federal government found liable under CERCLA as a result of oversight of federal mining leases - 3/28/2011
U.S. District Court finds that the United States' oversight of waste disposal activities at historic mines on federal lands was sufficient to render it liable as an operator and arranger under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).
Fourth Circuit Backs Developer in Dispute Over Clean Water Act Jurisdiction - 3/27/2011
In Precon Development Corp. v. Army Corps of Engineers, the 4th U.S. Circuit Court of Appeals remanded for further factual findings a Corps' decision to require a developer to obtain a permit to fill wetlands located near, but not abutting, the closest arguably "navigable" water, a ditch in an agricultural area in Virginia. This case is a victory for the developer, and continues a trend among lower courts to scrutinize closely the Corps' authority to require permits under Section 404 of the CWA.
EPA Issues New Power Plant Mercury and Air Toxics Standards - 3/25/2011
the Environmental Protection Agency (EPA) proposed the first national standard to reduce mercury and other toxic air pollution from coal and oil-fired power plants.
First DCA Affirms DEP Final Order Granting NPDES Permit for International Paper Cantonment Mill - 3/23/2011
A Florida appellate court has affirmed a final of the Florida Department of Environmental Protection, granting an NPDES permit and related authorizations for the International Paper Company mill in Cantonment, Florida.
EPA cannot require "potential to discharge" permits under CAFO rules - 3/21/2011
The 5th U.S. Circuit Court of Appeals in New Orleans rules that U.S. Environmental Protection Agency cannot require livestock operations to obtain Clean Water Act permits unless they are discharging manure into a waterway.
Eleventh Circuit Rejects Claims for Business Damages Arising from Adoption of Ordinance - 3/18/2011
In a March 11 opinion, the Eleventh Circuit issued an opinion illustrating the difficulties that businesses will face in seeking monetary remedies based on the adoption of vague and unreasonable ordinances.
EPA Extends Greenhouse Gas Reporting Deadline - 3/18/2011
The U.S. EPA has issued a final rule that extends the deadline for reporting 2010 data under the Greenhouse Gas Reporting Program to September 30, 2011. The original deadline was March 31, 2011.
Regulatory Reform Legislation Passes House Business & Consumer Affairs Subcommittee - 3/15/2011
On March 15, two proposed committee bills (PCBs) that aim to deregulate business in the State of Florida passed the House Business & Consumer Affairs Subcommittee. The first PCB (PCB BCAS 11-01) deregulates certain professions and occupations, while the second bill (PCB BCAS 11-02) reduces and streamlines current regulations.
Cautionary note on standing on appeal of agency final orders - 3/11/2011
The First District Court of Appeal has issued an opinion emphasizing potential liability for attorney's fees when the appellant clearly lacks standing.
Ninth Circuit Holds Economic Impact Confers Standing To Challenge Impaired Waters Listing - 3/10/2011
A recent case before the federal Ninth Circuit Court of Appeals found that a private property owner can challenge an impaired waters listing under the CWA if the listing would have an economic impact on the property owner. This case is of interest to Florida property owners that may own property adjacent to one of the hundreds of impaired waters in Florida.
Private Landowners Can Challenge Impaired Waters Listing Decisions - 3/9/2011
In Barnum Timber Co. v. EPA, the Ninth Circuit has held that "perceived" decrease in value of private property following EPA's approval of a state's "impaired waters" listing under Section 303 of the Clean Water Act is sufficient to establish standing to challenge the agency's decision.
UF IFAS issues review of fertilizer use rules - 3/7/2011
The University of Florida IFAS Extension office issues review of the critical eutrophication problem and the pertinent literature regarding managing urban landscapes to improve water quality with particular attention to nitrogen and phosphorus fertilization during the active plant growth period corresponding to summer fertilizer bans.
Rainfall levels at lowest point in 80 years, SFWMD urges conservation - 3/6/2011
South Florida Water Management District meteorologists report below-average rainfall in February capped the driest October-to-February period in 80 years.
EPA Seeking Comment on Safe Drinking Water Act Contaminant Monitoring - 3/4/2011
EPA is requesting public comment on the proposed list of 30 contaminants, including 28 chemicals and 2 viruses, for monitoring by public water systems until May 2, 2011.
Jeff Littlejohn to join FDEP - 3/4/2011
Jeff Littlejohn has been appointed Deputy Secretary for Regulatory Affairs at the Florida Department of Environmental Protection
2011 Legislative Update - 3/3/2011
Florida's 2011 Legislative Session is scheduled to begin on Wednesday, March 8th. To date, numerous bills relating to environmental and land use law and policy have already been filed in both the Florida Senate and House of Representatives. We are pleased to offer for your reference a digest of this legislative activity. We would be happy to provide copies of the full drafts of any bills or legislative staff analyses upon request.
Corps Seeking Comments on NWPs - 3/2/2011
The U.S. Army Corps of Engineers is seeking comments on its proposal to renew and revise Nationwide Permits (NWP) for work in wetlands and other waters that are regulated by Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899.
EPA Extends Emissions Reporting Deadline - 3/2/2011
Businesses that generate greenhouse gases will have more time to report their emissions after the Environmental Protection Agency extended a key deadline Tuesday.
Melissa Meeker to join FDEP - 3/1/2011
She will serve as the Deputy Secretary of Water Policy and Ecosystem Projects.
Legislative Update - Notice of Bill - HB 987 - Optional Sector Plans - 2/24/2011
Optional Sector Plans: Increases minimum size of geographic areas that qualify for use of optional sector plans; revises terminology relating to plans; deletes obsolete provisions; revises content required to be included in conceptual long-term overlay plans & detailed specific area plans; requires identification of water development projects & transportation facilities to serve future development needs; exempts certain developments from requirement to develop detailed specific area plan; requires that certain plan amendments or long-term conceptual overlay plans include buildout date & precludes certain changes in development until after that date; authorizes certain development agreements between developer & local government; provides for continuation of certain existing land uses.
Legislative Update - Notice of Bill - HB 991 - Environmental Permitting - 2/24/2011
Creates, amends, & revises numerous provisions relating to development, construction, operating, & building permits; permit application requirements & procedures, including waivers, variances & revocation; local government comprehensive plans & plan amendments; programmatic general permits & regional general permits; permits for projects relating to coastal construction, surface water management systems, dredge & fill activities, inland multimodal facilities & commercial & industrial development, biofuel & renewable energy facilities, & mining activities; revises requirement for demonstrating injury in order to seek relief under Environmental Protection Act.
Legislative Update - Notice of Bill - HB 707 - Agriculture - 2/10/2011
Agriculture: Prohibits county from enforcing certain limits on activity of bona fide farm operation on agricultural land or charging such land for stormwater management assessments & fees; allows assessment to be collected if credits against assessment are provided for implementation of best management practices; provides exemptions from certain restrictions on county's powers over activity on agricultural land; creates "Agricultural Land Acknowledgement Act"; requires applicant for certain development permits to acknowledge certain contiguous agricultural lands as condition of permit; authorizes certain sellers of agricultural products to qualify for exemption from obtaining local business tax receipt; revises term "farm tractor" for purposes of driver's licenses; exempts tropical foliage from agricultural products dealer regulations; exempts farm fences from Florida Building Code; exempts nonresidential farm buildings & farm fences from county & municipal codes & fees; requires that gross written premiums for certain crop insurance not be included in insurer's gross writing ratio; requires certain insurers to disclose breakout of gross written premiums for crop insurance; revises requirements for open burning.
Legislative Update - Notice of Bill - HB 649 - Water Management Districts - 2/8/2011
Revises provisions relating to membership of basin boards; provides that basin board members designated by district governing board chairs are voting members, counted for quorum purposes, & basin board chairs & co-chairs; authorizes basin boards to transact official business if vacancy occurs; exempts cooperative funding programs from certain rulemaking requirements; authorizes local governments to adopt & implement ordinances relating to landscape irrigation restrictions; revises requirements for expenditure of funds provided pursuant to Water Protection & Sustainability Program & authorizes Suwannee River Water Management District to use such funds for additional purposes.
Legislative Update - Notice of Bill - HB 651 - Reuse of Reclaimed Water - 2/8/2011
Reuse of Reclaimed Water: Provides requirements for water management districts in evaluating applications for the consumptive use of water in mandatory reuse zones.
Federal Court Weighs-in on Corps' CWA Jurisdiction - 2/3/2011
The Fourth Circuit Court of Appeals1 recently ruled on a case involving the U.S. Army Corps' of Engineers jurisdiction under the Clean Water Act. By extension, this opinion is also relevant to the EPA's jurisdiction under the Clean Water Act.
Governor Scott Withdraws Crist Appointments - 2/3/2011
Those affected include appointments to the ERC, PSC, SFWMD, and NWFWMD.
Hershel Vinyard named Secretary of the Department of Environmental Protection - 1/6/2011
Vinyard practiced environmental law for nearly a decade and has more recently served as director of business operation for BAE Systems Southeast Shipyards in Jacksonville.
Billy Buzzett named Secretary of the Department of Community Affairs - 1/6/2011
Scott administration directs Buzzett to work closely with leaders in the development, environmental and land use arenas to identify ways to improve the regulatory climate in Florida.
Cold weather caused increase in manatee deaths in 2010 - 1/6/2011
Two periods of unusually cold weather in 2010 contributed to the number of manatee deaths for the year being more than double the yearly average of the past five years.
SWFWMD moves to establish MFLs for two lakes in Polk County - 1/5/2011
On December 29, 2010, the SWFWMD published notice proposing to establish minimum levels for Lake Crystal and North Lake Wales in Polk County, Florida.
EPA Issues Six Greenhouse Gas Rules - 1/4/2011
On December 23, 2010, the EPA issued a series of rules that put the necessary regulatory framework in place to ensure that industrial facilities can get Clean Air Act (CAA) permits covering their greenhouse gas (GHG) emissions when needed and ensure that facilities emitting GHGs at levels below those established in the Tailoring Rule do not need to obtain CAA permits.
Governor Scott Issues Executive Order Suspending Rulemaking and Establishing Office of Fiscal Accountability and Regulatory Reform - 1/4/2011
On January 4, Governor Rick Scott issued his first Executive Order suspending all executive agency rulemaking activity and establishing the Office of Fiscal Accountability and Regulatory Reform, tasked with reviewing proposed and existing rules to determine their effects on business activity, job creation, and job retention statewide.
SWFWMD to establish Minimum Flows for the Homosassa River System - 12/23/2010
The Southwest Florida Water Management District has published notice that it will hold a rule development workshop to establish Minimum Flows for the Homosassa River System and associated springs, including springs that discharge to the Homosassa River, the Southeast Fork of the Homosassa River, Halls River, and Hidden River
Board of Trustees to modify enforcement process - 12/23/2010
The Department of Environmental Protection recently published notice of its intent to amend its rules to revise and clarify the process for assessing administrative fines for violations on state-owned land.
EPA can enforce climate change regulations during pending challenge - 12/16/2010
The D.C. Circuit Court of Appeals has ruled that EPA can enforce its climate change regulations while litigation challenging those regulations is pending.
EPA Numeric Nutrient Criteria Published in Federal Register - 12/7/2010
The Environmental Protection Agency has promulgated numeric water quality criteria for nitrogen/phosphorus pollution to protect aquatic life in lakes, flowing waters, and springs within the State of Florida.
Florida AG Sues EPA Over Numeric Nutrient Criteria - 12/7/2010
Florida Attorney General Bill McCollum, Agriculture Commissioner Charles Bronson, Attorney General-elect Pam Bondi and Agriculture Commissioner-elect Adam Putnam today announced that the State of Florida has filed a lawsuit against the federal Environmental Protection Agency (EPA) over the EPA's promulgation of numeric limits, or criteria, on the amount of nutrient pollution allowed in Florida’s lakes, rivers, streams and springs.
EPA Seeks Extension of Time to File Rules on Boilers and Incinerators - 12/7/2010
The U.S. Environmental Protection Agency (EPA) filed a motion seeking an extension in the current court-ordered schedule for issuing rules that would reduce emissions from large and small boilers and solid waste incinerators.
Beazer Homes Enters Consent Decree Related to Stormwater Runoff from Construction Sites - 12/7/2010
Beazer Homes USA, Inc., has entered into a Consent Decree to resolve alleged Clean Water Act violations at construction sites in 21 states, including Florida.
Supreme Court to consider whether utilities can be sued in tort for global warming - 12/6/2010
The U.S. Supreme Court has agreed to review a ruling allowing the suit American Electric Power v. Connecticut to go forward, and to decide whether states can use the tort theory of nuisance in a global warming lawsuit against four coal-burning power companies.
Legislature overrides veto on rulemaking law - 11/17/2010
On November 16, the Florida Legislature passed a bill overriding Governor Charlie Crist's veto of HB 1565. The bill takes effect November 17 and will have a major impact on rulemaking by state agencies, particularly in the area of environmental regulation.
SWFWMD declares Phase I water shortage - 11/17/2010
The Southwest Florida Water Management District's Governing Board has voted to declare a Phase I water shortage for the District's entire 16-county area beginning December 1.
SFWMD reports October 2010 was driest October on record - 11/12/2010
The South Florida Water Management District (SFWMD) reported that last month was the driest October in South Florida since recordkeeping began in 1932.
EPA Releases Risk and Consequence Tools for Water - 11/12/2010
The U.S. Environmental Protection Agency is releasing two software tools for risk assessment and consequence analysis: The Vulnerability Self Assessment Tool (VSAT), an upgraded all hazards risk assessment tool; and the Water Health and Economic Analysis Tool (WHEAT), a newly developed consequence analysis tool.
EPA issues new permitting guidance for Greenhouse Gases - 11/12/2010
The United States Environmental Protection Agency has issued new guidance for permit writers on permitting Greenhouse Gas Emissions, including a permitting manual and technical white papers covering several industries.
SWFWMD moves to limit groundwater pumpage for frost/freeze protection in the Dover/Plant City Area - 11/12/2010
The Southwest Florida Water Management District has published notice that it will develop new rules affecting water usage in the Dover / Plant City area.
EPA Won't Ban Lead Fishing Gear - 11/9/2010
On November 4, the U.S. Environmental Protection Agency announced that it has denied a petition filed in August, by the American Bird Conservancy and other groups calling for a ban on the manufacture, use and processing of lead in shot, bullets, and fishing sinkers.
Meeting of Marine Numeric Nutrient Criteria Technical Advisory Board - 11/5/2010
The Florida Department of Environmental Protection has announced a meeting of the Marine Numeric Nutrient Criteria Technical Advisory Committee (MTAC), to be held on Wednesday, November 17, at 9:00 a.m. at the Harbor Branch Oceanographic Institute at Florida Atlantic University
Court rules that CWA precludes pre-enforcement review of administrative compliance orders - 11/4/2010
The Ninth Circuit (which covers western states, Alaska and Hawaii) recently held that the Clean Water Act (CWA) precludes pre-enforcement judicial review of administrative compliance orders.
Court Strikes Down Corps' Attempt to Expand Authority over Prior Converted Wetlands - 11/3/2010
In a recent court case pending before the United States District Court for the Southern District of Florida, New Hope Power Company v. United States Army Corps of Engineers, the court has struck down a rulemaking attempt by the Corps, known as the Stockton Rules, that sought to expand the Corps' jurisdiction over prior converted wetlands.
National Association of Clean Air Agencies reports that GHG Permitting Programs ready to go by January 2nd - 11/2/2010
With the onset of greenhouse gas (GHG) permitting only two months away, states are poised to ensure that sources can obtain preconstruction permits under the Clean Air Act after January 2, 2011.
Court Establishes Security Zone around Deepwater Horizon Site - 11/2/2010
The U.S. District Court in New Orleans has ordered the establishment of a security zone extending 750 feet in all directions from the mobile offshore drilling unit Deepwater Horizon wreckage site and its debris field.
CILB Adopts Certification for Tower Specialty Contractors - 11/2/2010
Effective November 10, 2010, Rule 61G4-15.034, F.A.C., provides for certification of Tower Specialty Contractors
EPA Stormwater Owner/Developer Questionnaires - 10/27/2010
As one of a number of recent stormwater initiatives, EPA is developing regulations to control post-construction stormwater discharges from commercial properties, which would represent a major expansion of the current stormwater regulatory program.
EPA releases draft on developing renewable energy on potentially contaminated lands - 10/27/2010
As part of the U.S. Environmental Protection Agency's RE-Powering America's Land initiative launched in September of 2008, the agency has developed a two-year draft management plan to advance the development of renewable energy on potentially contaminated land and mining sites.
New Truck Emission Standards and Controls - 10/27/2010
EPA and the U.S. Department of Transportation's National Highway Traffic Safety Administration (NHTSA) are proposing new standards for three categories of heavy trucks: combination tractors, heavy-duty pickups and vans, and vocational vehicles.
Rulemaking Workshop Held on Nonattainment Area and PM2.5 New Source Review (NSR), and Air Quality Standards - 10/26/2010
On October 20th, DEP held a rule development workshop in Tallahassee (and via the internet) to discuss updates to the nonattainment area new source review rule (Rule 62-212.500, F.A.C.) and related permitting rules and definitions in anticipation of EPA's designation of new lead and ozone nonattainment areas in Florida.
DOT and EPA Propose Overhaul in Fuel Economy Labeling - 9/2/2010
The Department of Transportation and Environmental Protection Agency are teaming up to redesign fuel economy labels on new cars.
EPA Withdraws Effluent Limitation Applicable to Construction - 9/2/2010
The agency recently withdrew its December 2009 numeric storm water limit for construction, citing a flaw in the rule.
EPA Begins to Reform Toxic Substances Control Act - 8/26/2010
The Environmental Protection Agency has proposed stricter chemical reporting requirements under TSCA.
EPA Promulgates Stricter Emissions Regulations for Cement Plants - 8/26/2010
The EPA recently released stricter emissions regulations for Portland Cement Manufacturing facilities.
Federal Judge Refuses to Enjoin Everglades Land Deal - 8/26/2010
A Federal District Judge ruled on Monday that the Miccosukee Tribe's request to enjoin an Everglades land deal between U.S. Sugar and the South Florida Water Management District was insufficient for an emergency injunction.
President Obama Issues Executive Order on Ocean Policy - 8/5/2010
President issues executive order establishing new ocean policy for the United States.
EPA Releases Data from Second Round of Toxicity Testing - 8/5/2010
The second round of testing involved mixing eight dispersants with oil.
Court Rejects Application of Nuisance Law to Power Plant Emissions - 8/5/2010
The Fourth Circuit reverses decision applying nuisance law to four electricity-generating plants.
Federal Judge denies Florida's request for more water - 8/5/2010
Judge Paul Magnuson rejects Florida's claim that the US Army Corps of Engineers is violating both NEPA and the Endangered Species Act in Phase II of the Tri-State water wars litigation.
House Develops Blowout Prevention Act of 2010 - 8/5/2010
Several Representatives introduce legislation to strengthen spill prevention control and countermeasure regulations.
EPA Releases Interim Guidance on Environmental Justice - 8/2/2010
The Environmental Protection Agency has released guidance to help Agency staff incorporate environmental justice concerns into agency action.
Industrial and Toxic Release Data Available Online - 8/2/2010
The Environmental Protection Agency has made toxic release data for 2009 available to the public.
EPA Upholds Endangerment Finding - 8/2/2010
On July 29, 2010, the Environmental Protection Agency rejected petitions asking the agency to reconsider its 2009 endangerment finding relating to greenhouse gases.
Obama Administration Issues New Off-Shore Drilling Moratorium - 7/14/2010
In response to the recent court rulings, the Obama Administration revises its six-month moratorium on offshore drilling
New Federal Emissions Rules for Boilers and Incinerators - 7/14/2010
EPA publishes new rules for boilers and incinerators regarding Maximum Achievable Control Technology
EPA Proposes 2011 Renewable Fuel Targets - 7/14/2010
EPA, in accordance with the Energy Independence and Security Act of 2007, proposes renewable fuel targets for 2011
Florida's Governor Calls Special Session - 7/14/2010
Governor Crist calls special session to consider ban on offshore drilling
EPA Works to Ramp-Up GHG Information Gathering and Availability - 7/7/2010
The EPA has proposed two rules strengthening the reporting requirements and public availability of GHG emissions information.
EPA Targets Interstate Power Plant Air Pollution - 7/7/2010
The EPA is proposing a rule which aims to reduce pollutant emissions from power plants that drift across state borders.
EPA Completes First Round of Toxicity Testing for Dispersants - 7/6/2010
EPA recently released data from its first round of toxicity testing on eight oil dispersants.
EPA Issues Implementation Guidance on CAFO Regulations - 7/6/2010
EPA recently published guidance on how the agency's regulations and the Clean Water Act impact CAFO permitting.
Clean Energy Congress Concludes Two-Day Conference - 6/30/2010
The Clean Energy Congress met on June 28 and 29 in Tallahassee.
Louisiana District Judge Enjoins Gulf Oil Drilling Ban - 6/30/2010
A Louisiana District court recently issued an injunction against the President's moratorium on drilling in the Gulf.
EPA Proposes Including Pesticides Under NPDES Permitting Program - 6/30/2010
The EPA has proposed including pesticide applicators under the National Pollutant Discharge Elimination System permitting program.
Ninth Circuit Expands CERCLA Intervention - 6/30/2010
The Ninth Circuit recently joined the Eighth and Tenth Circuits in its holding that a non-settling potentially responsible party may intervene in CERCLA settlement proceedings.
U.S. Supreme Court Reaches Decision in Beach Renourishment Challenge - 6/24/2010
The United States Supreme Court recently upheld the Florida Supreme Court's decision that a beach renourishment did not result in an unconstitutional taking of the adjacent landowner's littoral rights.
Agricultural and Municipal Interests Move to Intervene in Kansas NNC Lawsuit - 6/24/2010
Five agricultural and municipal groups filed to intervene after a Kansas environmental group filed a notice of intent to sue the EPA over its alleged failure to enforce water quality standards.
Florida Supreme Court Recognizes Liability for Negligent Polluter - 6/24/2010
In a recent decision, the Florida Supreme Court held that commercial fishermen had a cause of action against a negligent polluter because their interest in the health of the contaminated area was distinct from that of the public at large.
EPA Updates National Air Quality Standard for SO2 - 6/24/2010
For the first time in forty years, the EPA has updated the National Air Quality Standard for sulfur dioxide, which is emitted primarily from power plants and industrial facilities.
EPA Expresses Support for Superfund Reauthorization - 6/22/2010
The EPA released a letter in support of legislation proposing re-authorization of the Superfund Tax, which lapsed in 1995. The legislation would reinstate the tax, beginning in 2011, and is anticipated to generate nearly $19 billion over ten years.
State wants to set water quality standards - 10/6/2009
The Florida Department of Agriculture and Consumer Services has joined the legal fray over who should determine the state's new water quality standards, arguing that state agencies should set pollution limits and that federal government standards would be too strict.
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