News & Analysis as of

Environmental Protection Agency (EPA) Florida

Mintz

EPA & the Army Corps of Engineers have less ability to protect wetlands than they've had in 40 years but Florida still isn't...

Mintz on

We're approaching the first anniversary of the Supreme Court's decision in Sackett v. EPA holding that, contrary to the view of EPA and the Army Corps of Engineers for the past 40 years, the Clean Water Act protects only...more

Dickinson Wright

Florida Loses Wetland Permitting Authority

Dickinson Wright on

In a landmark decision, a federal court has ruled against the Environmental Protection Agency (EPA) and U.S. Fish and Wildlife Service, determining that their approval of Florida’s takeover of the Clean Water Act wetlands...more

Foley Hoag LLP - Environmental Law

The D.C. Circuit Vacates Most of EPA’s SSM SIP Call; Generators Breath a Sigh of Relief

Earlier this month, the District of Columbia Court of Appeals vacated most of EPA’s startup, shutdown, and malfunction SIP Call. The Court’s rationale boils down to EPA’s failure to make a predicate finding that the SIP call...more

Snell & Wilmer

The Revocation of Florida’s Clean Water Act 404 Permitting Program: What It Means Moving Forward in Light of SCOTUS’ Recent...

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Over three years ago, the Trump administration’s Environmental Protection Agency (EPA) gave Clean Water Act 404 permitting powers to the State of Florida. A few days ago, a judge at the U.S. District Court for the District of...more

Lowndes

Florida Applicants in “Regulatory Limbo” after D.C. Court Invalidates Florida’s Section 404 Permitting Authority

Lowndes on

On February 15, 2024, the U.S. District Court for the District of Columbia issued an opinion invalidating the State of Florida’s (State) partial assumption of the Section 404 permitting program under the Clean Water Act...more

Mintz

The Judge's decision vacating EPA's approval of Florida's "dredge and fill" permit authority has serious implications for our...

Mintz on

Last week a DC Federal Judge vacated EPA's approval of the State of Florida's application to assume the Army Corps of Engineers' authority to issue “dredge and fill” permits under Section 404 of the Federal Clean Water Act....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Clean Water Act/Section 404: Miccosukee Tribe of Indians of Florida Challenge U.S. Environmental Protection Agency Delegation to...

The Miccosukee Tribe of Indians of Florida (“Miccosukee”) filed an August 4th Complaint in the United States District Court for the Southern District of Florida against the United States Environmental Protection Agency...more

King & Spalding

Focus on States

King & Spalding on

Several states have recently moved forward with legislation addressing PFAS. Florida’s governor signed into law legislation directing the state Department of Environmental Protection to adopt PFAS standards for drinking...more

Wiley Rein LLP

EPA’s BPPD Extends and Expands the Experimental Use Permit Authorizing Trial Releases of Oxitec’s Genetically Engineered Aedes...

Wiley Rein LLP on

A May 6, 2020 Wiley Alert discussed the granting of an Experimental Use Permit (EUP) by the Biopesticides and Pollution Prevention Division (BPPD) in the U.S. Environmental Protection Agency’s (EPA’s) Office of Pesticide...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Waters of the United States: U.S. Environmental Protection Agency Letter Addressing Florida's Regulatory Position

Region 4 of the United States Environmental Protection Agency (“EPA”) sent a January 31st letter to the Florida Department of Environmental Protection (“FDEP”) responding to its correspondence regarding the Clean Water Act...more

Mintz

Just when you thought the Waters of the United States saga couldn't get any stranger

Mintz on

Lara Beaven of Inside EPA reports on the standoff between the State of Florida and the United States Environmental Protection Agency over the "current definition" of Waters of the United States for the purpose of determining...more

Adams and Reese LLP

NWPR Update: EPA Proposes New Old Wetland Rule; The Clock is Now Ticking for Florida’s Developers

Adams and Reese LLP on

An Arizona district court decision right before Labor Day effectively put the pre-2015 wetlands jurisdiction rule back in effect for most states, eliminating changes made under both the Obama and Trump administrations. (See...more

Bracewell LLP

Florida Water System Hack Highlights Challenges for Public Utility Cybersecurity

Bracewell LLP on

Earlier this month, fears usually confined to dystopian novels and Hollywood movies were realized in Oldsmar, Florida when an unknown hacker breached the city’s water treatment system by successfully accessing its control...more

Rivkin Radler LLP

Judicial Panel on Multidistrict Litigation Centralizes Some COVID-19 Related Insurance Cases

Rivkin Radler LLP on

Judicial Panel on Multidistrict Litigation Centralizes Some COVID‐19 Related Insurance Cases As reported in our September update, the Judicial Panel on Multidistrict Litigation at its July 2020 hearing session requested...more

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