38th Environmental Permitting Summer School

It is an extraordinary time for action on resilience in Florida.  Storms continue to occur that spur a need for effective action.  State funding is raising awareness in every community on the risks posed today and in the future from tropical events, sea level rise and other evolving conditions, and state and federal government agencies and private sector companies are focusing more attention and investing significant funds to reduce risks and ensure the viability of Florida communities.  Also, commitments to continue to protect and enhance the natural environment, so important in the State, from threats today and into the future, are advancing rapidly. 
 
As the pace of investment continues to increase, and conditions worsen, the tools and processes required to support effective investing are being further developed and refined.  The participants on this panel represent both government and private sector interests and will share experiences and best practices on how to be effective in identifying risks, communicating the need for investment, advocating for action, achieving success in state/federal funding processes, and moving forward with a capital program that ensures long-term community viability.  
 
Join our panel to discuss strategies and actions being implemented in Florida and nationally that represent effective pre and post/disaster mitigation and resiliency adaptation at the local, state, and federal levels of government, and within the private sector.

Absolutely the most current and reliable information available on what the 2024 Legislature passed (or considered but failed to pass) and why; assessment of Florida’s changing political landscape with respect to environmental and water policy issues; comprehensive preview of what’s expected with respect to the implementation of 2024 legislation with a look ahead to the 2025 session and beyond. This course is designed for audience participation, so come with your questions for the panelists!

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)

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)

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.

This excellent course provides the latest updates to the Army Corps of Engineers’ Section 404 (Clean Water Act) and Section 10 (Rivers and Harbors Act) permitting process, including best practices for navigating through their complexities. Our panel of experts will feature step-by-step analysis of the ACOE permitting process including illustrative case study examples; emphasis on the key components to enhancing the speed of the application process; and avoiding pitfalls and other time sinks in order to obtain a favorable ACOE decision. This advanced course is designed for active audience participation. 

Absolutely the most current and reliable information available on what the 2024 Legislature passed (or considered but failed to pass) and why; assessment of Florida’s changing political landscape with respect to environmental and water policy issues; comprehensive preview of what’s expected with respect to the implementation of 2024 legislation with a look ahead to the 2025 session and beyond. This course is designed for audience participation, so come with your questions for the panelists!

Advanced Best Management Practices (BMPs) can provide multiple benefits of runoff and pollutant load reduction, aquifer recharge, flood mitigation, reduced freshwater discharges, temperature moderation, reduced water supply consumption for irrigation, shade and habitat, and life cycle cost savings. Traditional stormwater BMPs have varying effectiveness in reducing runoff and nutrient discharges to Florida’s surface waters. Increases in freshwater runoff and nutrient discharges contribute to the list of Florida’s surface waters that are designated as impaired. Excess nutrients also feed harmful algae blooms. Advanced stormwater treatment BMPs can be used in conjunction with, or in lieu of traditional stormwater treatment practices in a BMP Treatment Train to increase runoff capture and nutrient reduction efficiencies. Some local governments and private developers are already implementing these advanced stormwater treatment BMPs. This session will provide an update to policymakers, developers, designers, and other community stakeholders on applications of both green LID and advanced stormwater treatment BMPs that can help reduce excess nutrients in stormwater and better protect Florida’s surface waters. 

This session will address the types of permits (CCCL, ERP, JCP) that apply to marine-related projects and includes presentations on how the ecology and biology of Florida’s seagrasses and mangroves drive the reality of regulatory responses; what restoration options and assessment strategies are available and appropriate; the challenges of the permitting process and the importance of establishing realistic restoration goals that can be measured as well as attained. Also, some focus will be given to UMAM assessments for seagrass impacts and mitigation; living shorelines, mangrove restoration and other estuarine restoration techniques; and restoration site selection, techniques, and monitoring in the context of the regulatory environment. This course provides excellent coverage of a very complex subject. 

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.