Author: Elf
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Noise: A Land Use Dilemma? A Case Study of the City of Jacksonville
The City of Jacksonville found that zoning changes may be contributing to an increase in noise complaints. They studied complaints from 2006-2007 and found that most were about dumpsters, nightclubs, residential equipment, and construction noise. They want to address these issues proactively instead of through penalties and corrective actions. Between October 2006 and May 2007,…
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ABCs of Local Land Use and Zoning Decisions
This article is for lawyers who help clients with local government development approvals or objections. The article emphasizes the importance of being prepared and understanding the local government’s standards and processes before filing an application. It also highlights the need to review staff and consultant work to ensure compliance with legal requirements. The goal is…
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Planning and Permitting to Protect Wetlands: The Different Roles and Powers of State and Local Government
The recent court decision in Johnson v. Gulf County confirmed that local governments have the power to regulate and even prevent development in wetlands, even if federal or state agencies don’t have jurisdiction over the area. This means that Gulf County was within its rights to enforce a rule in its plan that prohibits development…
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Tapping the Last Oasis: Florida-friendly Landscaping and Homeowners’ Associations
In Florida, water is running out because people use too much. The average person in a developing country uses 20-30 liters of water per day, but in Florida, the average person uses 174 gallons per day. As the population grows, it’s getting even harder to find enough water for everyone. Florida uses a lot of…
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Strictly Speaking, Does F.S. §376.313(3) Create Duty to Everybody, Everywhere?, Part I
In 2010, the Florida Supreme Court ruled that commercial fishermen could sue a fertilizer company for releasing pollutants. This decision expands the ability for private individuals to sue for environmental damage, which contradicts the law’s original purpose of protecting natural resources. The impact of this decision is important for understanding how environmental laws are enforced.…
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Strictly Speaking, Does F.S. §376.313(3) Create Duty to Everybody, Everywhere?, Part II
Not all cases of pollution lead to a strict liability claim under F.S. §376.313. Sometimes, you can’t get compensation for the harm to your reputation under this law. The Florida Supreme Court says that the state has strict laws to prevent pollution and allows people to sue for damages if they can prove they were…
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Why Do Federal Agencies Rely on ARNI Designations in Environmental Permitting?
The term ARNI stands for aquatic resources of national importance. It is used by federal wetland regulators to justify elevated review of environmental permits. However, this term is not defined in any federal agency’s regulations, and it is not a legislatively created term. The EPA uses ARNI as a reason to deny or give extra…
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Status of Low Impact Development in Florida and Legal Considerations for Operation and Maintenance of LID Systems
Low Impact Development (LID) is a way to manage stormwater that focuses on keeping water on the property instead of transporting it away. This can be done through techniques like bioswales, rain gardens, and permeable surfaces. The Florida Department of Environmental Protection (DEP) is working on creating rules to control nutrient loadings from stormwater discharges.…
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Restrictive Covenants as Institutional Controls for Remediated Sites: Worth the Effort?
Restrictive covenants, which are rules that limit what you can do on your property, are actually really helpful in environmental and land use law. They allow contaminated land to be used again, even if it’s not completely cleaned up. This is important for making sure the land can be productive again. In Florida, they use…
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The Latest in Green Development: Advising Your Client on the New Standard for Real Estate Projects
Green building rating systems are used to measure the environmental performance of buildings, focusing on energy efficiency. The most well-known system is LEED, which stands for Leadership in Energy and Environmental Design. It is a voluntary certification system created by the U.S. Green Building Council. To get LEED certified, a developer submits their project for…
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Green Light for Sector Plans
Florida’s Growth Management Act was changed in 2011 to make a pilot program for large-area land use plans into a permanent tool for long-term planning. This change was made after the pilot program had success in several communities, and it was praised by many different groups. Lawmakers wanted to encourage innovative planning and protect important…
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CERCLA’s Rock and Hard Place: A Look at the Interpretive Conundrum Created by the âInnocent Landowner Provision
The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) has a provision called the âinnocent landowner defenseâ which is confusing and unclear. This provision creates problems in the courts and leaves people unsure about what to do. One solution could be for the Supreme Court to make a decision about it, but a…
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Greening Your Law Firm
It’s important for businesses to go green to help combat climate change and save money. In our state, where we are at risk of hurricanes and sea level rise, it’s even more important for businesses and local government to take responsibility for their environmental impact. The American Bar Association and the Environmental Protection Agency have…
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Drowning in Place: Local Government Costs and Liabilities for Flooding Due to Sea-level Rise
Florida has seen rising sea levels, causing more flooding in many areas. Local governments are facing the challenge of how to respond and prevent flooding. Miami Beach is spending a lot of money to improve their drainage system, but the costs will keep going up as the water rises. This raises the question of whether…
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Standing to Appeal an Administrative Order: Cautions from Martin County Conservation Alliance v. Martin County
Administrative and civil litigators understand the importance of creating a strong evidentiary record to present the best case possible in court. Recent court cases have highlighted the importance of establishing standing to appeal an adverse decision after challenging an agency administrative decision, permit, or order. In Florida, the standing requirements for challenging permits and land…
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Now It’s Easier Being Green: Florida’s New Benefit and Social Purpose Corporations
Starting from July 1, 2014, Florida allowed for-profit companies to focus on public interest goals instead of just making profits. This means they can use some of their resources for activities that benefit society. There are two new types of for-profit companies – benefit corporations and social purpose corporations. These companies are different from traditional…
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Risk-Based Corrective Action in Florida: How Is it Working?
In 2003, the Florida Legislature passed a law called Global RBCA, which expanded the use of risk-based corrective action to all contaminated sites with legal responsibility for clean-up. This allows for customized clean-up plans based on site-specific data and aims to protect human health and the environment. The law continues to evolve, and there may…
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Florida Nuisance Law and Urban Agriculture
The Community Planning Act of 2011 changed how Florida plans for growth. Before that, the state had a strict top-down approach to planning. The new law gives more freedom to local communities to make their own plans. This has helped urban agriculture grow in Florida. In the past, old laws made it hard to have…
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Will Basin Management Action Plans Restore Florida’s Impaired Waters?
Clean water is an important American value, but many water bodies in Florida are polluted. The government has set limits on how much pollution can be released into these bodies of water, and they’re using action plans to allocate these limits fairly among polluters. So far, 19 action plans have been adopted, and more are…
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Can a Washington State Statute Cure Florida’s Local Government Exposure Under Koontz v. St. Johns River Water Management District?
The Supreme Court’s decision in Koontz v. St. Johns River Water Management District said that money is property, can be taken, and no one agrees what happens next. The case has been going on for 20 years and is now in limbo in Florida courts. This article suggests that Florida should follow a Washington state…
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Conservation Easements, a Benefit to the Environment and the Landowner
Conservation easements are a way for landowners to permanently protect their land for conservation purposes. This means keeping the land in its natural state, preserving wildlife habitats, and protecting historical or cultural sites. By donating a conservation easement to a government or charity, landowners can prevent certain activities like building, dumping, or removing trees on…
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The Crown Can Do No Wrong, Except Where It Does: The History, Development, and Basis of Legal Standards Applicable to Florida Local Government Zoning Decisions
The legal standard of review for local government decisions is really important because it determines whether the decision is upheld or not. The main standard is the rational basis test, which says that government decisions should be upheld if they are made in a good-faith and defensible manner. However, even this standard doesn’t protect decisions…
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Property Assessed Clean Energy: Is There Finally a Clear Path to Success?
PACE programs allow property owners to finance energy efficiency and wind resistance improvements through their annual tax bill. This helps property owners fund these projects upfront, and local governments support PACE because it creates jobs, generates revenue through permit fees, and increases property values. PACE also helps reduce greenhouse gas emissions and save money on…
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Finding Certainty in the New World of Alternative Water Supply Sources
The 2016 Water Bill in Florida is making it clear that we need to find new sources of water because we are using up too much. The Department of Environmental Protection did a study on using reclaimed water, stormwater, and excess surface water as alternatives, but these sources may not always be reliable, especially during…