38th Environmental Permitting Summer School

The Division of Waste Management touches many areas, ranging from Brownfields and emerging contaminants to solid and hazardous waste regulation. It also formulates policy and coordinates with the six regulatory Districts on enforcement and compliance assistance. This is a class to introduce a wide audience to one of the largest operations units of FDEP. You will learn what are the Division’s several programs and how they are implemented throughout the State and relate to ensuring that as Florida grows, the Division keeps pace with its mission. Has compliance assistance paid dividends on RCRA, USTs, solid waste, and other programs’ compliance? What are the most common violations on several programs? What do their data and 2024 dashboards show, particularly in the Petroleum Restoration Program? Where does FDEP see the PRP evolving to now that the last batch of sites will be assessed in the next few years? How can most RCRA, UST, and solid waste violations be avoided? As several cleanup programs mature, what will be emerging contaminants that all stakeholders will have to be prepared for (hint… like to start developing a PFAS groundwater primary standard in 2025. How are the Division and industry reacting to these? How does the Division relate to other Divisions? Our panel will consist of past and present state regulatory leaders, private corporate leaders, consultants, and attorneys who will give their impressions and encourage audience participation.

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.

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. 

This course presents legal and practical strategies for site remediation in a variety of scenarios. Case studies will focus on creative solutions, regulatory flexibilities, and innovative technologies used to achieve site closures. A must-attend, timely, and informative course designed for active audience participation.

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.

Part 1: This panel will examine the current state of regulatory and financial incentives as well as 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.

Part 2: 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. In addition, this year we will cover proposed Brownfields legislative changes to be pursued in 2025. After this class, attendees will be well-positioned for success.

Part 1: This panel will examine the current state of regulatory and financial incentives as well as 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.

Part 2: 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. In addition, this year we will cover proposed Brownfields legislative changes to be pursued in 2025. After this class, attendees will be well-positioned for success.

Florida has long been one of the nation’s leaders in effective waste management and recycling programs. Florida’s population is anticipated to reach nearly 26 million residents by 2030. How will the State address the waste management demands of these additional residents? Is there sufficient landfill capacity across the State for the decades ahead? Are there other waste management and disposal technologies on the horizon to meet the needs of Florida residents and businesses? How does Florida improve its recycling programs in the face of current technical, regulatory, and market challenges and obstacles to recycling, like contaminated recyclable material and decreased international demand for recyclable materials?  Hear this panel of experts address these topics and a wide range of other waste management regulatory issues and forecasts, including industrial solid waste disposal developments and “recycling” of former waste disposal areas into productive land uses.

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.