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Practice/Industry Group Overview
Representing both the private and the public sectors, the attorneys of Akerman Senterfitt's Environmental Law Practice have substantial experience in dealing with nearly all issues of environmental law and related litigation. As shown in the outline below, within the general practice area of environmental law, there are numerous more specific areas in which our attorneys practice, some of which overlap with land use law or administrative law practice. We represent a wide variety of businesses, governmental entities, and other organizations in those specific areas, in such matters as federal, state, and local regulatory compliance and permitting, managing environmental risks and conducting due diligence investigations, managing the assessment and remediation of contaminated property, defending enforcement actions, and prosecuting or defending civil actions to recover cleanup costs or environmental damages to property.
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Services Available
Among the various industry sectors or client categories served by the Environmental Law Practice, are the following:
- Aerospace
- Agriculture
- Developers
- Financial Institutions
- Food and Beverage Industries
- Leisure Industry
- Local Governments, Agencies, and Authorities
- Manufacturing and Agrichemical Industries
- Petroleum Industry
- Pharmaceutical
- Property Management
- Religious Institutions
- Telecommunications
- Transportation
- Utilities
We have made efficiency in obtaining favorable results a hallmark of our practice. To that end, we have emphasized the careful selection of expert consultants and we work closely with them to manage and reduce costs whenever possible. We also emphasize the importance of avoiding or minimizing unnecessary risks, achieving and maintaining compliance with regulatory requirements, negotiating or challenging unreasonable requirements, settling litigation as early as possible whenever that helps the client, and vigorously litigating with the aim of a favorable settlement or victory in court when litigation is appropriate. Finally, as part of the efficiency that a client needs, we make a point of prompt responses to client requests.
Practice Areas: Specific Matters Covered
Administrative Litigation
- Challenges to proposed permits
- Defenses to permit challenges
- Rule challenges
- Variance petitions
- Administrative appeals to the Florida Land and Water
- Adjudicatory Commission (the Governor and the Cabinet, sitting as FLAWAC
Army Corps of Engineers
Permits for filling in waters of the United States
Permits for structures and activities in navigable waters
Air Permitting and Compliance
New Source Review - construction permits
Title V operation permits
Advice on continuous compliance with permitting requirements
Enforcement matters
Board of Trustees of the Internal Improvement Trust Fund
- Leases of and consents to use sovereignty submerged lands
- Negotiations with the Department of Environmental
- Protection (general staff to the Board of Trustees)
- Lobbying the Cabinet Aides (staff directly supervised by the Governor and the Cabinet sitting as the Board of Trustees)
Brownfields
- Advice on and assistance with negotiating and implementing a Brownfields Site Rehabilitation Agreement, including the coordination of site rehabilitation
- Advice on Brownfields redevelopment issues, including financial incentives for such redevelopment
Clean Water Act
- NPDES Program (wastewater discharge permits)
- Water Quality Standards
- Federal Permits for Filling in Waters of the United States
- Enforcement matters
Coastal Construction
- Advice and assistance in obtaining permits for construction seaward of a coastal construction control line or for other coastal construction
- See also Army Corps of Engineers; Board of Trustees; Environmental Resources Permitting
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, or Superfund)
- Defense of cost recovery actions brought by the government or private parties
- Prosecution of cost recovery actions for local governments or private parties
Consumptive Use Permitting
- Water use permits from Florida water management districts
Contaminated Properties
- Advice on and coordination of site assessment and remediation
- Defense of state enforcement actions or federal actions brought under CERCLA or RCRA
- Prosecution or defense of private actions to recover property damages
- See also Oil Pollution; Manufactured Gas Plants
Developments of Regional Impact (DRI's)
- Advice on planning and environmental issues, to avoid or streamline potential litigation
- Defense or prosecution of administrative appeals of local governments' development orders
- See also Florida Land and Water Adjudicatory Commission
Dredge-and-Fill Permits
- Advice on vested rights to and requirements for wetlands resources permits under the Henderson Wetlands Act and for pre-Henderson Act dredge-and-fill permits or exemptions
- See also Army Corps of Engineers; Environmental Resource Permitting
Endangered, Threatened, or Listed Species
- Advice on issues related to such species, as their presence or habitat affect permitting
- See also Army Corps of Engineers; Developments of Regional Impact; Dredge-and-Fill Permits; Environmental Resource Permitting
Environmental Compliance Auditing
- Management, analysis, and advice on such audits for currently operating businesses
Environmental Due Diligence
- Evaluation of permitting and other land use and environmental entitlements, or of the regulatory feasibility of proposed projects or operations, in corporate and real estate acquisitions and divestitures
- Advice and assistance in drafting contracts to protect against environmental liabilities or risks to environmental entitlements (permits or other approvals required for future or continued operations or activities)
- Evaluation of potential environmental liabilities associated with corporate and real estate acquisitions and divestitures
Environmental Resources Permitting
- Advice and assistance in planning for and obtaining permits under current state law for dredging and filling in wetlands and other surface waters
- Administrative litigation on challenges to or defense of such challenges to proposed permits
Emergency Planning and Community Right to Know Act (EPCRA)
Advice and assistance in complying with EPCRA
Florida Land and Water Adjudicatory Commission (FLAWAC)
- Administrative appeals of local governments' development orders on DRIs
- Appeals of permit decisions by water management districts
- Lobbying of Cabinet Aides
Governor and the Cabinet (see Board of Trustees; FLAWAC; Power Plant Sitting)
Industrial Wastewater (see Wastewater Discharge Permits)
Insurance Coverage
- Advice on coverage issues for environmental claims
- Assistance in negotiating with or for insurance companies on such issues
Manufactured Gas Plants (MGP's)
- Negotiation of Administrative Orders on Consent and Consent Decrees with EPA, the Department of Justice, and
- FDEP for the assessment and remediation of MGPs
- Management of corrective actions at MGPs
- Pursuit of insurance claims for environmental liabilities
NPDES Permits (see Wastewater Discharge Permits)
Oil Pollution
- Advice on regulatory compliance at petroleum storage and terminal facilities
- Advice on and response to orders for corrective action at such facilities
Polychlorinated Biphenyl Compounds (PCBs)
- Advice on managing risks and conducting remediation
- See also Contaminated Properties; Environmental Compliance Auditing; Environmental Due Diligence
Power Plant Sitting
- Advice and assistance in planning for and obtaining approval by the Governor and the Cabinet (sitting as the Power Plant Sitting Board) of sitting applications under state law for electrical generation or co generation facilities
- Administrative litigation on challenges to or defense of such challenges to proposed power plant approvals
Resource Conservation and Recovery Act (RCRA)
- Advice on regulatory requirements for generators and treatment, storage, or disposal (TSD) facilities
- Defense of RCRA enforcement actions
- Advice on and coordination of corrective action
- Permitting under the Hazardous and Solid Waste
- Amendments of 1984 (HSWA)
- Closure/Post-Closure
Solid and Hazardous Waste
- Permitting
- Advice on compliance
Sovereignty Submerged Lands (see Board of Trustees)
Total Maximum Daily Loads (TMDLs)
- Advice on the regulatory effects of TMDLs on particular projects
- Litigation related to TMDL rules or to permit denials or issuances in relation to such rules
Wastewater Discharge Permits
- Advice and assistance to private and local governmental clients for issues under the National Pollutant Discharge
- Elimination System (NPDES) program
- Domestic wastewater permitting and compliance
- Industrial wastewater permitting and compliance
- Defense of enforcement actions on wastewater discharges
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Clients: Autonation, Inc., Kellogg Properties, Inc, Dean Foods/McArthur Dairy, Inc., Space Access, Inc., The St. Joe Company, Arvida Company, Terrabrook, DeLuca Homes, Inc., St. Lucie West Development, Inc., Miller Brewing Co., BP Oil Co. - Underground storage tanks sites, Conoco Oil Co. - CERCLA site dispute, Montenay Power Corp. - Waste to energy facility, Funeral & Cemetery Alliance
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Matter Experience
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Reported Cases |
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Odom v. Deltona - Landmark sovereign land ownership case- Florida Supreme Court
, January 2, 2003 McShane v. Precision Fabricating & Cleaning Co., No. 97-18416-CA (Fla. 18th Jud. Cir.) (defense of manufacturing company against claims of property damage from alleged contamination)
, January 2, 2003 Quadrangle Development v. Orange County, FLAWAC No. APP-99-004 (Fla. Land & Water Adjud. Comm., November 29, 2000) (final order) (obtained approval of amended development order for DRI)
, November 29, 2000
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Group Presentations
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2001 Legislation: Viewpoint of the Regulated - Florida Cemetery Association Presentation
, January 2, 2003 Advanced Real Estate Law in Florida, National Business Institute, Inc.
, January 2, 2003 "Closing the Deal with Thorney Environmental Issues" presented at the National Conference of the Mortgage Bankers Association of America
, January 2, 2003 "Opportunities and Challenges for Environmental Professionals in the Brownfields Marketplace," Florida Remediation Association Annual Conference, December 2002
, December 1, 2002 "Impact of Federal Brownfields Revitalization Act on Redevelopment Projects in Florida," Florida Redevelopment Association Annual Conference, November 2002
, November 1, 2002
See more...
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Past Seminar Materials
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Languages spoken by Environmental Professionals Spanish |
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