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EPA Acts Swiftly to Address PFAS Contamination

Announcing PFAS Drinking Water Standard, Moves to Designate PFAS as Hazardous Substance Under CERCLA -...more

New EPA Rule on Clean Water Act

The Environmental Protection Agency (EPA) released the final Clean Water Act (CWA) rule (New Rule) to comply with the US Supreme Court decision in Sackett v. EPA, 598 U.S. _, 143 S. Ct. 1322 (2023) (“Sackett”).  This is a...more

New Proposed Rules for Florida Stormwater Systems

The Florida Department of Environmental Protection (FDEP) is in the process of significantly updating the state stormwater rules and Environmental Resource Permitting process for the design and operation of stormwater...more

New EPA Standard for Environmental Site Assessment

On December 15, 2022, the Environmental Protection Agency published a final rule recognizing ASTM E1527-21 as the new standard for performing a Phase I Environmental Site Assessment (“ESA”)....more

Miami-Dade County Continues to Advance Climate Action Strategy in 2022

On April 22, 2021, Miami-Dade County released a draft Climate Action Strategy for public comment. In December 2021, Miami-Dade County released the final version of its Climate Action Strategy....more

2022 Guide to Developing and Investing In South Florida Real Estate: What Out-of-State and Overseas Investors Need to Know

Estimates suggest that 1,000 people are moving to Florida each day, with most of them heading to South Florida. For developers and investors lured by the meteoric growth and favorable business conditions, it’s crucial to...more

Proposed Designation of Critical Habitat for Beetle in Miami-Dade County

On September 7, 2021, the U.S. Fish and Wildlife Service (“FWS”), published notice of its proposal to designate critical habitat for the Miami tiger beetle under the Endangered Species Act (“Act”). In total, approximately...more

WOTUS Development: EPA and Army Corps Implement New Wetlands Guidance Returning to Rapanos

As a result of the U.S. District Court for the District of Arizona’s August 30, 2021 order vacating and remanding the Navigable Waters Protection Rule (“NWPR”), discussed in our prior post, the Environmental Protection Agency...more

Federal Judge Strikes Down Trump Administration’s Federal Wetlands Regulations Rule

Yesterday, a federal judge vacated the Trump Administration's Navigable Waters Protection Rule (“NWPR”) that had narrowed the scope of federal jurisdiction over wetlands. ...more

EPA and Army Corps Announce Public Meetings to Consider Retraction of Definition of Waters of the United States

In light of the Biden Administration's plans to reverse significant portions of the Navigable Waters Protection Rule, the Environmental Protection Agency and U.S. Army Corps of Engineers have announced a schedule of public...more

Biden Administration to Redefine Geographical Scope of Clean Water Act

Last week the Biden administration announced plans to reverse the Navigable Waters Protection Rule, implemented by the prior administration, and initiate a new rulemaking process that will likely expand the number of...more

EPA Approves Florida to Administer Clean Water Act Provision

On December 17, 2020, the U.S. Environmental Protection Agency ("EPA") announced their approval of the State of Florida’s request to administer federal wetlands permitting under the Clean Water Act ("CWA") Section 404 Program...more

Navigable Waters Protection Rule Now in Effect

On Monday, June 22, 2020, the Trump Administration's contested Navigable Waters Protection Rule (the "Rule") defining the scope of federally jurisdictional "waters of the United States," took effect in every state except...more

Navigable Waters Protection Rule Published in Federal Register

On April 21, 2020, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers published the Navigable Waters Protection Rule (the “Rule”) in the Federal Register.  ...more

Environmental Considerations: Identifying Risks and Protecting Assets in Turbulent Times

We are all currently experiencing turbulent economic conditions and uncertainties that may last for the foreseeable future. In light of this uncertainty, we remind property owners, lenders, and managers, as well as landlords...more

Changes to the Clean Water Act's "Waters of the United States" Rule

 On January 23, 2020, the U.S. Environmental Protection Agency and the Department of the Army announced the finalized Navigable Waters Protection Rule, defining “Waters of the United States” under the Clean Water Act....more

El FDEP emite una orden para restaurar los daños estructurales tras el huracán

Propietarios y entidades públicas y privadas: El 5 de septiembre de 2017, el Departamento de Protección Ambiental de Florida (Florida Department of Environmental Protection, FDEP) emitió la orden final de emergencia OGC...more

FDEP Issues Order to Restore Structural Damage Post Hurricane

Property Owners and Public and Private Entities: On September 5, 2017, the Florida Department of Environmental Protection (“FDEP”) issued Emergency Final Order OGC. No. 17-0989 (the “Order”) in response to the anticipated...more

Recently Proposed Pollution Notice Rule Struck as Invalid

The Division of Administrative Hearings ("DOAH") recently struck down the Florida Department of Environmental Protection's ("FDEP") proposed Public Notice of Pollution Rule 62-4.161 ("the Rule") in response to a petition...more

Q&A: Why Land Redevelopment May Hit Big

Land redevelopment hasn’t always been a popular option, at least not with neighboring land owners. But that might be changing. Originally Published in Globest.com - November 20, 2014....more

Q&A: Land Remediation - What You Need to Know

Whether it’s for condos, office buildings or industrial properties, raw land is becoming more and more scarce in Miami. That means land remediation is becoming a bigger issue. It also means developers have to face new...more

Miami’s Future Archipelago of Floating Houses

A team of Dutch developers would like to bring a little bit of Atlantis to Miami. Earlier this month, Dutch Docklands submitted a letter of intent and request for zoning variance to the City of North Miami Beach in order to...more

The Real Developer Impact of Rising Sea Levels

Damage to coastal property and infrastructure from rising sea levels and increased storm surge is a threat that South Florida knows too well. According to a major new report released on June 24, 2014 by a coalition of senior...more

Will South Florida Soon be Under Water?

In South Florida, commercial real estate developers are increasingly planning projects with sea level rise in mind. Mitigating the current and future effects of rising seas is fast becoming a priority. But it's important that...more

FBA Announces Coalition To Lobby Florida Legislature To Reduce VCTC Program Backlog

The Florida Brownfields Association (“FBA”) announced the formation of a coalition to encourage the Florida Legislature to clear out the backlog of existing Voluntary Cleanup Tax Credits. If FBA and its partners are...more

3/7/2014
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