Author: Elf
-
The Comprehensive Water Law: Its Provisions and Significance
Florida Senate Bill 552, also known as the âComprehensive Water Bill,â was signed into law by Gov. Rick Scott in 2016. This law is a big deal because it’s the most important environmental law in more than ten years. It will have a lasting impact on how the state manages its water resources. The law…
-
Water Resource Compliance and Enforcement
The Department of Environmental Protection (DEP) and the five water management districts (WMDs) oversee Florida’s water resources. They have rules and regulations in place to make sure people are using water responsibly and not harming the environment. They also have the power to enforce these rules and give out permits for things like using water…
-
Why the Law of Climate Change Matters: From Paris to a Local Government Near You
Climate change has been getting a lot of attention lately, but there is a long history of laws and regulations about it that many people don’t know about. International strategies are really important for solving the problem. Climate change is affecting our local area with things like flooding and changes to habitats and species. It’s…
-
Public-Private Partnerships Can Bridge the Gap to Resource Sustainability
Florida is facing a big problem with its water resources. The legislature wants to make sure that the water is used sustainably. There are some conservation and restoration projects, but they take a long time and a lot of money. Private lands are also regulated to protect water resources, but there are limits to what…
-
Closing Superfund Sites Under Florida’s Risk-Based Corrective Action: The Time is Now!
CERCLA was a law passed in 1980 to address contaminated sites that posed a serious threat to public health and the environment. Since then, technology and our understanding of chemicals in the environment have improved, allowing for more efficient and protective standards. Florida law has adapted to these improvements, using Risk-Based Corrective Action to address…
-
State Assumption of the Federal Dredge-and-Fill Permitting Program: The Search for the Holy Grail
The U.S. Army Corps of Engineers has the authority to issue permits for dredging and filling in the waters of the United States. This can cause delays for projects that also need a permit from the Florida Department of Environmental Protection. A new law, H.B. 7043, could allow the state of Florida to take over…
-
New Evolutions in the Law of Climate Change and Sea-Level Rise
The laws around climate change and rising sea levels are always changing. The government is working on new rules to reduce greenhouse gases and deal with climate change. There are also court cases about things like property rights and flood damage. The public trust doctrine is being used to make the government do something about…
-
Waters of the United States: A New Era for Federal Wetland Jurisdiction
The government has been trying to figure out which waters are protected under the Clean Water Act for a long time. In 2019, the Trump administration proposed a new rule that would make the rules for protecting wetlands and waterways more strict. This means that the government would have more control over construction and other…
-
PFApocalypSe Now: The PFAS Firestorm and Implications for Florida
A company is being accused of copying a clothing design from another company. The lawyer for the first company is arguing that the design is unique and copyrighted, while the lawyer for the second company says it’s not that original. The case is in court now. PFAS are harmful chemicals found in many products we…
-
There Will Be Floods: Armoring the People of Florida to Make Informed Decisions on Flood Risk
In Florida, floods are a big risk because of the low elevation and being surrounded by water. Miami and Tampa-St. Petersburg are ranked as some of the most vulnerable cities in the world. But in Florida, there are no laws requiring sellers or landlords to tell buyers or renters about the risk of floods. This…
-
State Assumption of the Clean Water Act Section 404 Permitting Program: Part I, an Overview
The Clean Water Act 404 governs activities that put dirt or other materials into U.S. waters. In Florida and most other states, you need permits from the U.S. Army Corps of Engineers and the Florida Department of Environmental Protection for these activities. But Florida is trying to take over the permitting process from the federal…
-
Modernization of Stormwater Quality Rules
Here’s the simplified version: A big company is being sued by a group of people who say the company’s product hurt them. The company hired a law firm to defend them. The law firm’s lawyers don’t want certain information to be shown in court, but the judge said they have to share it. The law…
-
The New Scope of Florida’s Water Quality Assurance Act
The Water Quality Assurance Act in Florida prohibits the discharge of pollutants into the water and provides a way for people to sue for damages if there has been an unauthorized discharge. Recently, there have been some court cases and attempts by the Florida Legislature to change the law. The Water Quality Assurance Act (WQAA)…
-
Let the Sunshine In: Is There a Future for Residential Rooftop Solar Energy in Florida?
Governor DeSantis turned down a law that would have changed the way people with solar panels get paid for their extra energy. The big utility companies wanted this law because they say it’s not fair for non-solar customers. But the governor said no because people are already struggling with high prices, and this law would…
-
Water Quality Enhancement Areas: A New Tool to Improve Water Quality
Florida passed a new law to improve water quality by creating special areas called water quality enhancement areas (WQEAs). These areas are natural systems that help treat stormwater to protect water quality. When it rains, stormwater picks up pollutants and flows into ponds where it is treated. Over time, the ponds fill up with sediment,…
-
Florida’s Water Quality Rules Under The Clean Waterways Act
The DEP made new rules to make stormwater cleaner, but it will cost a lot of money. People agree that water quality needs to improve, but they disagree on how to do it and how much it will cost. Florida passed the Clean Waterways Act in 2020 to address pollution from stormwater, which can be…
-
Perspective from a Delegated Local Government Attorney on the State Mangrove Trimming and Preservation Act
Mangroves are important for protecting Florida’s waters and ecosystem, but they weren’t regulated until 1984. The Florida Department of Environmental Protection has some guidelines, but there haven’t been many updates to the laws since 1996. So, it’s a bit unclear how people can trim or change mangroves legally. Before 1984, local governments were in charge…
-
University Liability in Florida When Coaches Refer Student Athletes to Sports Agents: A Fiduciary A
The star running back at State U. was a top college football player but got in trouble because his coach referred him to a shady sports agent. This caused him to lose his college eligibility and be picked later in the NFL draft, costing him lots of money. He sued the university, claiming they had…
-
A Visual Art Law You Had Better Not Overlook
In short, a legal firm is a company that provides legal services, and an attorney is a person who practices law. Both work together to help people with their legal problems. In 1990, Congress passed the Visual Artists Rights Act (VARA) to protect artists’ rights to prevent alteration and destruction of their work. This means…
-
An Athlete’s Right of Publicity
Celebrities like athletes have a valuable asset in their persona, which can continue to make them money even after they retire. The right of publicity protects their economic interest in their name, while the right to privacy protects against intrusion and embarrassment. These rights help protect athletes from others using their identity for profit without…
-
P2P File Sharing: Direct and Indirect Copyright Infringement
The internet is like a big warehouse of free stuff, but not everything is free to use. Some things are okay to use, but others could get you in trouble. This article is about the laws around sharing files online, like music and videos. In the United States, copyright law protects original works like music,…
-
Leveling the Playing Field: Can Title VII Work to Increase Minority Coaching Hires in NCAA Athletes
In 1978, the Supreme Court approved using race to make college campuses more diverse. Four years ago, the Court said that in the future, using race in college admissions might not be needed. But in sports, there is still work to do to give opportunities to minority coaches. The NFL has a rule to make…
-
Recent Developments in Online Privacy Laws
When you sign up for a website and have to say you’re over 13 or enter your birth date, it’s because of a law called COPPA. This law makes sure that websites can’t collect personal information from kids under 13 without their parents’ permission. There are also state laws, like CalOPPA in California, that protect…
-
Increasing the Community Spouse Income Allowance Through Judicial Process: What Standard Applies?
In Florida, the community spouse of a Medicaid recipient can get a minimum monthly allowance of $1,295. But if they can prove they’re in a tough financial situation, they might be able to get more money through a fair hearing process or a court order. The maximum allowance is $1,919, but the court can decide…