38th Environmental Permitting Summer School

It’s like déjà vu all over again. Florida started its 404 Program in a hole, receiving over 1,000 wetland permit applications from the U.S. Army Corps of Engineers in December 2020. The Corps may now be operating from a similarly sized hole, with over 1,000 wetland permit applications that were pending with FDEP when Florida’s Program was abruptly vacated by a D.C. federal judge in February. Florida is wrassling to get the program back through the appeals process, and if successful, could end up in another permit application hole for a “threepeat.” This panel of experts will discuss the status of the 404 litigation initiated by the Center for Biological Diversity, the Corps’ 404 permit implementation process and why the Herculean efforts of the state and federal wildlife agencies got blamed for it all.

Groundwater in Florida is intricately wrapped up in a complex web of social, environmental, and economic factors. It is the source of drinking water for most Floridians, serves the State’s agricultural activities, and it has a significant role in the health of our ecosystems and iconic springs. Long-time stressors such as agricultural use are beginning to be addressed; however, population growth, continued saltwater intrusion, and now emerging challenges such as pervasive and contamination recently subject to a 2024 rulemaking petition by the Florida Brownfields Association will put added pressure on planners, utilities, and policymakers to ensure that vulnerability evaluations are being conducted so that adequate supplies of high-quality groundwater resources exist for current and future needs. How are these emerging challenges being confronted and overcome? What are the likely interdisciplinary approaches?  What are the effects of the 2024 rulemaking petition on FDEP, Water Management Districts, and the public in general? What are the economic and policy implications of current sustainable development approaches? Is private-public sector collaboration the way to overcome these challenges? This has been a full class since its inception so come and listen to experts discuss these challenges, possible solutions, legislation, sources of funding, and how we will face these emerging challenges in the future.

This course will cover the latest court decisions and legislative actions affecting private property rights in Florida, takings jurisprudence, the Bert J. Harris, Jr. Private Property Rights Protection Act, and other government actions that affect private property. Hot topics this year include two SCOTUS cases (Sheetz v. County of El Dorado and Devillier v. Texas) and “Customary Use” of Florida Beaches.  For both public and private parties, this course will discuss ways to avoid property rights litigation.

This course has been significantly growing in popularity and is completely redesigned for 2022!  Drone technology has impacted the world in a number of ways and has greatly expanded beyond the capture of high quality aerial video and imagery. The ability of a drone to reach inaccessible or otherwise cost-prohibitive areas has made it a valuable tool that provides on-demand data that is fast, flexible and affordable, and the use cases in the environmental industry are expanding rapidly. This 2-part course of instruction will examine this emerging and quickly evolving industry from the perspective of experts in the technical, and operational and legal aspects of drone utilization.  

In Part 1, drone industry experts will examine the many cutting-edge innovations that utilize drones to support the environmental industry. Used in combination with post-processing software, drone imagery can be upgraded to create accurate 2D maps and 3D models for a myriad of products, including topographic surveys, digital surface models, volumetric calculations and 3D models with photorealistic textures. What new ideas are emerging, and how might advances in edge computing, automation, artificial intelligence, and “big data” analytics propel this technology into the future? Fascinating case studies and amazing aerial videos await you!

Part 2 of the course will shift to the business and regulatory aspects of the industry and the evolving legal landscape governing the use of drones. Since the Federal Aviation Administration has begun approving drone use for commercial applications, the environmental industry is being rapidly advanced by the innovations provided by the use of drone technology. How are the regulators responding? What are the business risks, and how can they be appropriately mitigated? If your business currently utilizes or is considering utilizing drone technology, then this course is for you!

The EPA is required by the Safe Drinking Water Act to issue a list of unregulated contaminants once every five years to be monitored by public water systems. The Fifth Unregulated Contaminant Monitoring Rule (UCMR 5) was published on December 27, 2021, and requires public water systems nationwide to sample collection for 29 PFAS constituents and lithium between 2023 and 2025. Before sampling concluded, however, the EPA issued a National Primary Drinking Water Rule (NPDWR) regulating 6 PFAS. Additionally, EPA issued or proposed several other regulations to manage PFAS chemicals and releases. In this session, a panel of industry professionals, regulators, and attorneys will discuss perspectives, challenges, and implications of the UCMR5 results and EPA’s new PFAS regulations.

New for 2024! This 2-part course provides an overview of the latest developments and best practices in tools available to non-federal entities to comply with the federal Endangered Species Act (ESA). Section 10 of the ESA allows for incidental take permits or enhancement of survival permits that provide durable, long-term regulatory assurances that are not available under the federal consultation process of ESA Section 7. These tools have been widely used across the country, but less so in Florida. Part 1 of this course will provide a roadmap for how to consider these tools for your projects, lessons learned, and pitfalls to avoid. The panel will also discuss how the Supreme Court’s 2023 Sackett decision may influence the need for applicants to utilize Section 10 of the ESA. Instructors: Ernie Cox (Moderator), David Zippin (ICF), Jennifer Garland (USFWS), Andrew Turner (Hunton Kurth), Tom Ostertag (FFWCC)

In part 2, the panel will focus on highly relevant case studies from Florida, Texas, and around the country. Instructors: Ernie Cox (Moderator), David Zippin, Holly Andreotta (SFWMD), Niki Desjardin (EA), Scott Storment (Edwards Aquifer Authority)

This course has been significantly growing in popularity and is completely redesigned for 2022!  Drone technology has impacted the world in a number of ways and has greatly expanded beyond the capture of high quality aerial video and imagery. The ability of a drone to reach inaccessible or otherwise cost-prohibitive areas has made it a valuable tool that provides on-demand data that is fast, flexible and affordable, and the use cases in the environmental industry are expanding rapidly. This 2-part course of instruction will examine this emerging and quickly evolving industry from the perspective of experts in the technical, and operational and legal aspects of drone utilization.  

In Part 1, drone industry experts will examine the many cutting-edge innovations that utilize drones to support the environmental industry. Used in combination with post-processing software, drone imagery can be upgraded to create accurate 2D maps and 3D models for a myriad of products, including topographic surveys, digital surface models, volumetric calculations and 3D models with photorealistic textures. What new ideas are emerging, and how might advances in edge computing, automation, artificial intelligence, and “big data” analytics propel this technology into the future? Fascinating case studies and amazing aerial videos await you!

Part 2 of the course will shift to the business and regulatory aspects of the industry and the evolving legal landscape governing the use of drones. Since the Federal Aviation Administration has begun approving drone use for commercial applications, the environmental industry is being rapidly advanced by the innovations provided by the use of drone technology. How are the regulators responding? What are the business risks, and how can they be appropriately mitigated? If your business currently utilizes or is considering utilizing drone technology, then this course is for you!

Anyone who has tried and won a DOAH case knows it is all about the experts. So join us and learn what it takes to present winning testimony in a DOAH case from attorneys and experts who have done so, and from an administrative law judge who can share what works and what to avoid. This course will discuss best practices for choosing and preparing your experts for deposition; the state of the law on whether and to what extent attorney communications with expert witnesses are privileged; techniques for conducting a clear, concise and impactful direct examination of experts; developing and using demonstrative exhibits to help explain complex concepts and data in an easily understandable fashion; and strategies for challenging and conducting effective cross-examinations of your opponent’s experts. We will also identify some of the most common evidentiary and procedural pitfalls that can weaken or defeat your case, and share some horror stories. Questions will be welcome. 

New for 2024! This 2-part course provides an overview of the latest developments and best practices in tools available to non-federal entities to comply with the federal Endangered Species Act (ESA). Section 10 of the ESA allows for incidental take permits or enhancement of survival permits that provide durable, long-term regulatory assurances that are not available under the federal consultation process of ESA Section 7. These tools have been widely used across the country, but less so in Florida. Part 1 of this course will provide a roadmap for how to consider these tools for your projects, lessons learned, and pitfalls to avoid. The panel will also discuss how the Supreme Court’s 2023 Sackett decision may influence the need for applicants to utilize Section 10 of the ESA. Instructors: Ernie Cox (Moderator), David Zippin (ICF), Jennifer Garland (USFWS), Andrew Turner (Hunton Kurth), Tom Ostertag (FFWCC)

In part 2, the panel will focus on highly relevant case studies from Florida, Texas, and around the country. Instructors: Ernie Cox (Moderator), David Zippin, Holly Andreotta (SFWMD), Niki Desjardin (EA), Scott Storment (Edwards Aquifer Authority)

This panel is organized as a “How-To,” with experts discussing the latest tools and emerging programs at the State and Federal levels to implement more resilient infrastructure, including resiliency elements that are being added or required to funding programs and projects. Federal and state planning, funding, evaluation tools, and technical assistance programs to support resiliency will also be discussed. Evolving linkages with programs and funding resources for planning and project implementation will be highlighted, along with case studies and recommended best practices. Come prepared with your questions for the panel as we grapple with Florida’s future in an ever-changing climate.

It’s like déjà vu all over again. Florida started its 404 Program in a hole, receiving over 1,000 wetland permit applications from the U.S. Army Corps of Engineers in December 2020. The Corps may now be operating from a similarly sized hole, with over 1,000 wetland permit applications that were pending with FDEP when Florida’s Program was abruptly vacated by a D.C. federal judge in February. Florida is wrassling to get the program back through the appeals process, and if successful, could end up in another permit application hole for a “threepeat.” This panel of experts will discuss the status of the 404 litigation initiated by the Center for Biological Diversity, the Corps’ 404 permit implementation process and why the Herculean efforts of the state and federal wildlife agencies got blamed for it all.

Back by popular demand, the focus of this interactive discussion is facilitating sure and positive communication with both stakeholders and environmental regulatory agencies at the local, state and federal levels. Preparation, organization, as well as an in-depth understanding of the legal framework and processes of regulation, go a long way to ensuring a smoother and certainly more positive outcome. Here’s your chance to interact with the panel, using real case studies, and discuss which techniques were successful (or not) and receive expert advice from four instructors who’ve gotten results.

The panelists will discuss appropriate scoping of the environmental due diligence process, taking into consideration current and prior land uses and the user’s project objectives; the panelists will also discuss the importance of the environmental professional’s opinion and when and how to recommend additional investigation;  in closing land transactions when there are unresolved issues and how to address those issues and much more; audience participation encouraged.

In this extremely popular panel of experts on Lake Okeechobee, the panel is again presenting on critical issues affecting Lake Okeechobee and the Northern Estuaries.  

Part 1 This year, numerous developing issues are affecting the Lake, including the new lake schedule “LOSOM” being implemented by the US Army Corps of Engineers and the ASR program north of the lake. In this 2-part course, the panel will focus on these latest developments, as well as the Herbert Hoover Dike Rehabilitation, endangered species, water quality, and the status of the Comprehensive Everglades Restoration Plan projects that affect the Lake.

Part 2  The panel represents a diverse cross-section of government, 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.

In this extremely popular panel of experts on Lake Okeechobee, the panel is again presenting on critical issues affecting Lake Okeechobee and the Northern Estuaries.  

Part 1 This year, numerous developing issues are affecting the Lake, including the new lake schedule “LOSOM” being implemented by the US Army Corps of Engineers and the ASR program north of the lake. In this 2-part course, the panel will focus on these latest developments, as well as the Herbert Hoover Dike Rehabilitation, endangered species, water quality, and the status of the Comprehensive Everglades Restoration Plan projects that affect the Lake.

Part 2  The panel represents a diverse cross-section of government, 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.

Banning hydraulic fracturing, expanding phosphate mining, reopening old oil fields, searching for solutions at legacy sites, and a host of new and old challenges and opportunities for the extractive industries will be discussed and debated by a diverse panel of experts and practitioners. Recently renewed oil exploration has excited great promise and wealth, along with controversy and consternation.  Mining continues to be a bedrock industry with new markets and areas emerging in Florida, as well as emerging technology to deal with legacy sites.  The extractive industries touch all levels of government, generate fierce interest from a wide array of stakeholders, and require substantial engagement by landowners, mineral owners, oil and mining operators, as well as local governments, citizens, and developers. This panel will present the hot-button permitting, policy, and planning issues facing regulators, local governments, property owners, operators, and the public as related to mining operations and post-mining development.  This course is particularly relevant for developers and large tract landowners or agricultural operators contemplating diversifying their portfolio, as well as policymakers, government officials, and oil and mining operators.

Permits, approvals, and other agency authorizations are critical to your company’s business. But challenges in courts of law and public opinion are becoming increasingly common. These attacks threaten to delay, derail, or undo your permitting effort. This course is designed to help you navigate the steps you can and should take both to plan for and to defend your permit from such challenges. It will include practical advice on how to successfully survive a permit challenge, including identifying key vulnerabilities, building a defensible record, and other early steps to help ensure the long-term success of your efforts. It will also cover the defense of your permit in administrative and judicial proceedings, as well as other settings. Audience participation is encouraged.

Public and private sector projects located near wetlands, endangered species habitats, or other protected areas are often opposed by individuals and organizations during permitting proceedings as well as in federal court. Effective permitting of such projects requires a grasp of the changes in the requirements or enforcement of these federal laws under the Biden administration. This seminar focuses on how to build a winning record and strategies for supporting or attacking permitting decisions in the courtroom. This course is ideal for managers and consultants who work on large or controversial projects involving wetlands, endangered species or protected natural resources.

This panel includes an interactive trivia game for attendees with a gift card prize for the winner! 

In this day and age, accessibility to information drives the involvement of stakeholders (e.g., investors, employees, neighbors, and environmental groups) at a detailed level in matters of environmental permitting and compliance. The role of the “inspector” expands beyond just the agency regulators but encompasses the public community. How should a company best prepare for an “inspection” – whether it is a DEP review under the State Review Framework or public scrutiny of the vast amount of disclosures and environmental reports? This panel will focus on answering this question by presenting practices for proper data collection and disclosure that can stand up to stakeholder inquiries while still balancing a company’s desire to implement a value-added strategy. Additional considerations addressed in this panel:
 

• With industry reliance on consistency and transparency, when is voluntary disclosure advised and do more detailed disclosures lend the risk of gaining more exposure?
• What is the appropriate balance of information to keep on file and why is “accurate” rather than “conservative” data more important than ever?
• How can a company balance the risk of exposure to releases/misinterpretations while still adding value to their process for consistency and attaining Environmental and Social Governance (ESG) goals?

 
All these questions will be explored in the light of both federal and state updates, considerations for Environmental Justice (EJ), and how these changes impact industry. The panel will provide a perspective and guidance from many points of view including state regulators, permitted industry, and legal counsel. 

The Florida Wildlife Corridor is a visionary plan to conserve and connect some of Florida's most important places. Legislative leaders have made the Wildlife Corridor a priority for state conservation spending. Nearly half of the corridor's 18 million acres are already managed as conservation land. Of the remainder, 3/4ths is agricultural land. Planning the future of the corridor depends on both traditional and newer strategies including preservation, conservation easements and paying for the ecosystem services privately owned land provides. The panel of experts will discuss the prospects for this audacious conservation plan.