Category: Florida BAR article

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…

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) has a provision called the “innocent landowner defense” 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…

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…

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.…

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…

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…

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…

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…

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,…

The bald eagle population has made a great recovery over the past 35 years, going from 487 breeding pairs in 1963 to 9,789 in 2007. This is thanks to efforts to reduce pesticide use, protect their habitat, and manage their populations. Because of this recovery, the bald eagle is no longer considered endangered or threatened…

In the past 50 years, Florida’s population has grown tremendously, leading to the loss of open, undeveloped spaces like farmland and wilderness. This has been harmful to the state’s unique ecosystem. However, recent numbers suggest that the rapid population growth may be slowing down, giving us a chance to rethink and change the destructive trends.…

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…

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…

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…