Insight

Gunster's environmental law & land use practice

The Florida Environmental Network hosts the 31st annual Environmental Permitting Summer School from July 18-21, 2017, in Fort Lauderdale.

Once again, Gunster environmental attorneys will be participating in a variety of breakout sessions at the conference.

Social media: We will be using #GunsterEnviro and/or #EnviroPermitting2017 as we tweet or post to Facebook during the event. Please use these hashtags to join in on the conversation and fun.

Gunster attorney Amy BoulrisAmy Boulris is an instructor for (P) Recent developments in property rights on Wednesday, July 19, 1:30 p.m. - 3:10 p.m. (Jacksonville / Tallahassee)

This course discusses recent state and federal legal decisions, legislative proposals and enactments, and anything else of interest to those who deal with the nitty-gritty of private property issues. It is intended for the seasoned practitioner; however, all are encouraged to attend. Audience participation is encouraged.

Gunster attorney Rick BurgessRick Burgess is an instructor for (QQQ & RRR) Florida brownfields: A comprehensive technical, regulatory, and legal update on Thursday, July 20, 1:30 p.m. - 5:10 p.m. (Caribbean Salon VI).

This panel will examine the current state of regulatory and financial incentives as well market dynamics, financing considerations, and other concerns that help private developers and local governments collaborate to overcome the risk, limit the liability, and manage the cleanup costs associated with taking title to and redeveloping contaminated sites. Specific examples of successful and profitable projects and the community benefits they create will be discussed.

A comprehensive discussion of applicable Florida and federal rules and best management practices will be presented by a leading panel of Florida experts who will also provide a replicable, scalable, and easy-to-follow path for private development principals, local government planners, lenders, and other brownfield stakeholders.

Gunster attorney Terry ColeTerry Cole will moderate (PP & QQ) Implementing Florida’s numeric nutrient criteria on Thursday, July 20, 1:30 p.m. - 5:10 p.m. (Caribbean Salon V).

After the many years of research, evaluation, debate, and litigation, numeric nutrient criteria are now being implemented. This course now focuses on the science of dealing with NNC and current experiences around the state. Implementation will generate significant business opportunities for consulting firms in the biological and engineering fields and laboratories (not to mention law firms). We have reserved an ample amount of time at the end of the course to answer questions, and engage in an informal give-and-take among the audience and panelists.

This is not a course for the uninformed. Your course “text” will be DEP rules and documents governing the implementation of numeric nutrient criteria. Your instructors will discuss these rules with their strengths and weakness and potential pitfalls for permittees. There will be opportunity for exchange among panelists and audience during this highly technical, 2-part course designed to explore and provide an update on this extremely significant rule and how all affected parties are dealing with the numerous scientific, technical and legal issues involved in the application of NNC in Florida.

Gunster attorney Debbie MaddenDebbie Madden is an instructor for:

(SS) Water quality credit trading on Wednesday, July 19, 3:30 p.m. - 5:10 p.m. (Caribbean Salon I-II).

This course will discuss the regulatory framework surrounding water quality credit trading in Florida, trades that have occurred already, and the potential for trading throughout Florida in the future. Through the panel discussion and presentations, we will explore trading from the perspective of both point source discharges and nonpoint source dischargers. The panel will also discuss the successes and failures of other trading programs around the United States. Come prepared to listen, learn and participate.

(ZZ) Wetland jurisdiction methodology: A state and federal update on Wednesday, July 19, 8:30 a.m. - 10:10 a.m. (Caribbean Salon VII-VIII) and Thursday, July 20, 3:30 p.m. – 5:10 p.m. (Miami).

This course has been significantly redesigned for 2017! If you want to know precisely how wetland jurisdiction is determined, and the subtle and not so subtle differences between Florida’s uniform statewide wetland jurisdiction and Federal wetland jurisdiction, this is your course.

This carefully designed panel discussion will analyze state and COE wetland jurisdiction, making use of comparisons and contrasts as appropriate; covers application of vegetation, soils and hydrologic indicators in determining presence of wetlands using state and COE methodologies; covers altered and non-altered sites; emphasis on practical application and dispute resolution; examples and case studies. You will also hear the latest updates on wetlands law and regulation at the federal level, including the status of recent and ongoing legal challenges, any new guidance or policy put forward by the new Administration, and what they could mean for development in Florida. This course is designed for extensive audience participation.

Gunster attorney Luna PhillipsLuna Phillips will participate in the following courses:

Moderator of (H & I) Lake Okeechobee and the estuaries: A water management balancing act on Wednesday, July 19, 8:30 a.m. – 12:10 p.m. (Caribbean Salon IV).

On In its second year being offered, this panel is presenting on the very critical issues affecting Lake Okeechobee and the Northern Estuaries. This year, the 2017 Legislature is considering various options to solve and address water storage issues affecting Lake Okeechobee and the Northern Everglades and Estuaries, including Senate committee meetings on this very critical and controversial issue. This 2-part course of advanced discussion will focus on the latest issues facing the management of Lake Okeechobee and the estuaries and their effect on water supply, water resources, and environmental restoration throughout South Florida. The panel represents a diverse cross section of government (federal, state, and local), private landowners, tribal entities, and environmental and agricultural interests.

The panel will discuss how Lake management decisions affect their differing interests and obligations and the varying issues that must be balanced to make effective decisions. They will focus on the very latest developments affecting the Lake and estuaries, including the latest update from the Legislature, applicable provisions of the Water Policy Bill, status of the Lake Okeechobee Regulation Schedule, schedule for the Herbert Hoover Dike Rehabilitation, endangered species, latest studies and status of the Comprehensive Everglades Restoration Plan projects and what can be expected over the coming year. In Part II of this panel, the speakers will openly discuss the various options and solutions for addressing the issues.

Instructor for (WW) The essentials of obtaining an environmental resource permit: The nuts and bolts of ERP permitting on Thursday, July 20, 1:30 p.m. - 3:10 p.m. (Key West/Palm Beach) and Friday, July 21, 8:30 a.m. - 10:10 a.m. (Caribbean Salon IV).

This course will provide a detailed and in-depth breakdown of all aspects and components necessary for the environmental professional to obtain an ERP permit in an efficient and effec­tive manner. This course will take the audience through all the steps in the review and issuance of an ERP permit including an administrative permit challenge. In addition, the course will discuss how new and proposed rules and policies are affecting the permitting process. Learn from this highly experienced panel all of the essential criteria and policies, including wetland and mitigation requirements, stormwater engineering requirements, water quality and administrative and legal requirements critical to finalize a permit. This course is a must for environmental professionals who want to understand all aspects of ERP permitting to better represent their clients and deliver efficient results. Audience participation encouraged.

Gunster attorney Beth RossBeth Ross will instruct on the topic of (FF & GG) Emerging water supply issues, including an update on the central Florida water initiative on Thursday, July 20, 8:30 a.m. - 12:10 p.m. (Caribbean Salon IV).

Advanced discussion of multiple issues including emerging challenges in meeting future water demands; innovative water supply projects; meeting the conceptual costs of distribution and storage of reclaimed water; legal and policy issues regarding the control of reclaimed water for future public and private reuse; and regulatory challenges and innovative approaches to addressing these issues.

One such approach is the Central Florida Water Initiative (CFWI). The CFWI area covers all or part of five central Florida counties, includes portions of three water management districts, the Florida Department of Agriculture and Consumer Services, as well as several regional public water utilities, landowners, local governments, agriculture and various other stakeholder interests.

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