38th Environmental Permitting Summer School

Efforts to grant “rights” to nature and natural systems have been attempted with varying degrees of success in several states and some foreign countries, and efforts to spread this legal concept to Florida have been increasing in recent years. An amendment to the Orange County Charter was adopted in 2020 to grant rights to certain natural systems there, and a state law preempting such efforts was passed by the legislature in the same year. Both are now being litigated. This course will review the history of the concept, the results of the policy where it has been implemented, the 2020 Florida law preempting its proliferation at the local government level, potential constitutional amendments, and pending litigation. Whether you think this is just regulation, or absolutely necessary to protect Florida’s environment, you will not want to miss this new course! 

So, your proposed project is located over state-owned, Sovereign Submerged Lands, or in an Aquatic Preserve. How do you navigate the additional hurdles such as considerations over highly protected marine resources, greater limitations on project size or scope, limitations or even prohibitions on dredging, and a potential visit to the Governor and Cabinet? Come listen to a panel of experts as they provide an overview of the latest changes, emerging issues and challenges with regard to DEP’s proprietary authority over state-owed submerged lands and the special protections over designated Aquatic Preserves. The course includes recent developments regarding balancing the rights of riparian waterfront owners versus the public interest consideration in state-owned submerged land; a discussion of special permit conditions, practices in requesting authorization to use sovereign submerged land for private uses; and the process of gaining approval for your project from the Division of State Lands and the Governor and Cabinet.  Bring your questions, because this course is designed for extensive audience participation! 

After years of little or no meaningful trading activity, Water Quality Credit Trading seems to be emerging again as a topic of interest and potential tool for addressing Florida’s many nutrient-enriched watersheds. Our panel of experts will examine some recent examples of innovative nutrient trading, evaluate the legislation filed in 2022, and discuss some new approaches to managing nutrients in impaired watersheds. Given the few examples of trades accomplished using the FDEP’s Chapter 62-306, is it time for a major overhaul of this rule? The audience should come prepared with your ideas and ready to participate in what is sure to be a lively and thought-provoking discussion! 

Timely and informative update on permitting and enforcement procedures utilized by environmental agencies; beginner to intermediate course; covers permits and permit renewals; construction and operation permits; time limitations; monitoring; agency enforcement of permit conditions; fines and other penalties; legal and ethical considerations; other emerging trends and issues including legislative review of agency rules and ratification of proposed rules; audience participation encouraged. 

Timely and informative update on permitting and enforcement procedures utilized by environmental agencies; beginner to intermediate course; covers permits and permit renewals; construction and operation permits; time limitations; monitoring; agency enforcement of permit conditions; fines and other penalties; legal and ethical considerations; other emerging trends and issues including legislative review of agency rules and ratification of proposed rules; audience participation encouraged.

This course will give you the latest information on water quality BMPs, water use and reuse on agricultural lands, and other policy changes resulting from the Legislative Session and implementation by the Florida Department of Agriculture and Consumer Services, including adoption of new BMP Manuals. Come hear from West Gregory, the Water Policy Director, and a panel of water policy experts on the latest updates affecting agriculture and Florida’s water resources.

The panel of experts will provide a timely update on procedural and substantive considerations in permitting under the NPDES program, including stormwater; numeric nutrient criteria; program administration; case law update, including Sackett v. EPA regarding Waters of the U.S.; enforcement and citizen suits; additional compliance considerations; how to interpret complex regulations; examples of industrial and construction applications; implementation of stormwater NPDES; MS4 program; current agency practices; and emerging trends and issues. Audience participation is encouraged!

Coming Soon!

The last few years have seen a cascade of changes in contaminated media management, site cleanup, and closures, as well as site redevelopment.  There are also new emerging elements for site closures involving Water Management Districts that may be of significant consequence. In 2024 it is expected that the EPA will finally publish a Federal MCL on PFOS and PFOA and declare these substances as “hazardous substances” triggering a sea of change in just about every environmental topic ranging from All Appropriate inquiry to Wastewater planning . In addition, there is an anticipation that Rule 62-524, F.A.C. “Delineated Areas” will be on the path to being updated also triggering substantial changes to several areas such as public health protection and site closure. The round-table format discussions will involve the latest in policy changes and several other hot topics that are sure to capture the audience’s attention. This class has been standing-room only in the past and the round-table format allows active panel and audience interaction. Come, listen, and learn from instructors who are at the forefront of hot issues, how they navigate through the latest challenges, and what they predict will evolve into the decade.

Wetlands can provide for natural, low-energy, and environmentally beneficial water quality improvement. This exciting course describes the history, regulations, progress, and prospects in treatment wetland science and engineering in Florida and includes a summary of Florida’s unique Wastewater Application Rule (Ch. 62-611, FAC); a detailed overview of treatment wetland design and benefits, with pertinent case histories of wetlands providing water quality treatment, recharging aquifers, and creating high-quality wetland habitat; and case histories illustrating recent advances in natural treatment technologies that minimize area requirements while intensifying performance. Audience participation is encouraged.