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The Environmental and Land Use Law Section of The Florida Bar

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Florida Environmental and Land Use Law Treatise – for Section Members

Access to the Treatise requires a password since it is a benefit available to members of the Section. To receive a password, contact Elizabeth Keeton, Section Administrator.  To join the Section, please submit a membership application.

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Chapter 1 - Threshold Considerations
  • Federal, State, and Local Environmental Control Agencies
  • How to Obtain a United States Army Corps of Engineers Permit
  • How to Obtain a State Environmental Permit
  • Preparing and Presenting Applications for Regulatory Permits: Selected Issues from the Government’s, Applicant’s, and Expert’s Perspective
Chapter 2 - Ethics and Professionalism
  • Ethics and Professionalism: Introduction
  • Ethical Considerations in Representing Clients Before Administrative Agencies and Local Governments
  • Professionalism
  • Ethics: A Practical Approach to Pro Bono Goals
  • Professionalism and Ethics in the Local Land Use Practice
  • Regulating Executive Branch Lobbyists
  • Unlicensed Practice of Law and Environmental Consultants
Chapter 3 - Consultants
  • The Role of the Environmental Consultant: Overview
  • The Role of the Environmental Consultant in Risk Assessment and Risk–Based Corrective Actions
  • The Role of the Environmental Consultant in Corrective Action Permitting
  • The Role of the Environmental Consultant in Environmental Site Assessment
Chapter 4 - Administrative Proceedings
  • Brief Overview of Florida Administrative Procedure Act
  • Rulemaking Provisions
  • Rule Challenges
  • Declaratory Statements
  • Administrative Adjudication: Decisions Affecting Substantial Interests
  • Uniform Rules of Procedure Under the Administrative Procedure Act
  • Appellate Review
  • Licensing Activities Under the Administrative Procedure Act
  • Bids and Competitive Proposals
  • Public Access to Agency Decisions
  • Attorneys’ Fees
Chapter 5 - Enforcement Actions
  • Government and Private Party Enforcement of Federal Environmental Laws and Regulations
  • State Enforcement of Environmental Laws and Regulations
  • Local Government Environmental Enforcement and Compliance Programs
Chapter 6 - Civil Litigation
  • Common Law Rights and Remedies in Pollution Cases
Chapter 7 - Economic Considerations
  • Antitrust Regulation of Environmental and Land Use Activities
Chapter 8 - Beaches and Shores
  • Introduction to Coastal Regulation
  • Coastal Construction Below the Mean High–Water Line
  • Establishment of Coastal Construction Control Lines
  • Coastal Construction Control Line Permits
  • Coastal Permitting Procedures
  • Thirty–Year Erosion Zone
  • Development Agreements
  • Coastal Armoring
  • Sea Level Rise Policy in Florida
Chapter 9 - Wetlands and Surface Waters
  • Federal Regulation
    • Federal Regulation of Waters and Wetlands — Overview
    • Section 10 Permits for Work In or Affecting Navigable Waters of the United States
    • Section 404 Permits for Discharging Dredged or Fill Material
    • Nationwide Permits Under Both Rivers and Harbors Act Section 10 and Clean Water Act Section 404
    • Federal Regulation of Waters and Wetlands — Permit Application Considerations
      • State Regulation
        • History of Surface Water and Wetlands Regulation
        • Statewide Wetlands and Other Surface Waters Delineation Methodologies
        • Environmental Resource Permit Grandfathering
        • Environmental Resource Permitting Exemptions
        • Division of Responsibility for Wetlands Permitting
        • Environmental Resource Permits — Quantity
        • Environmental Resource Permits — Quality
        • Environmental Resource Permits — Environmental Criteria
        • Environmental Resource Permits — Institutional Criteria
        • Statewide Environmental Resource Permitting
        • Secondary and Cumulative Impact Analysis
        • Elimination, Reduction and Minimization of Impacts
        • The Mangrove Trimming and Preservation Act
        • Mitigation Banking in Florida
        • Addressing Environmental Resource Permit Issues Prior to Closing on a Purchase of Real Property
        • Water Resource Compliance and Enforcement
        • Uniform Mitigation Assessment Method
        • Regional Offsite Mitigation Areas – Another Mitigation Alternative
        • Florida’s EPA-Approved NPDES Stormwater Program
Chapter 10 - Drinking Water
        • Federal and State Protection of Drinking Water
Chapter 11 - Ground Water
        • Ground Water Quality Protection: An Overview
        • State Groundwater Cleanup Requirements
Chapter 12 - Surface Water Quality
        • Federal Water Quality Standards
        • National Pollutant Discharge Elimination System Program
        • Florida Water Quality Standards and Classifications
        • Relief from Florida Water Quality Criteria
        • Total Maximum Daily Loads in Florida — The New Millennium
Chapter 13 - Water Planning
        • Florida Water Planning
        • Florida Surface Water Improvement Body Restoration Programs
        • Minimum Flows and Levels
        • Minimum Flows and Levels Within South Florida Water Management District
Chapter 14 - Consumptive Use
        • History of the Regulation of Consumptive Use
        • Consumptive Use Permitting Criteria
        • Competing Water Uses
        • Water Shortages
Chapter 15 - Sovereign Lands
        • Special Permitting Considerations for Coastal Construction, Sovereign Lands, Aquatic Preserves and Outstanding Florida Waters
        • Equitable Apportionment of Riparian Zones Between Adjoining Properties
        • Navigable Waters In Florida: The Public Trust Doctrine, What “Navigable” Means In Fact and In Law, and How to Identify the Boundary Between Land and Water
Chapter 16 - National Environmental Policy Act (NEPA)
        • Analysis of the National Environmental Policy Act of 1969 (NEPA)
Chapter 17 - Fish and Wildlife
        • The Endangered Species Act Listing Process
        • ESA Section 7: Conservation and Consultation
        • Section 9 of the Endangered Species Act: Prohibitions on Taking Listed Species
        • Incidental Take Permitting and Habitat Conservation Planning
        • Enforcement and Judicial Review of the Endangered Species Act
        • Protecting the Florida Manatee
        • The Protection of Marine Turtles in Florida
        • Continued Protection of the Bald Eagle After Delisting
Chapter 18 - Solid and Hazardous Waste
        • Transportation of Hazardous Materials
        • Federal Resource Conservation and Recovery Act
        • Florida Resource Recovery and Management Act
Chapter 19 - Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
        • Liability and Defenses Under CERCLA
        • Contribution Cost Recovery Actions Under CERCLA
        • CERCLA Administrative Enforcement Process
Chapter 20 - Pollutant Discharge
        • Recent Petroleum Tanks and Cleanup Legislation
        • Regulation of Storage Tanks
        • Storage Tank Cleanup and Liability Considerations
        • Pollution Issues Related to the Drycleaning Industry
Chapter 21 - Brownfields
        • Brownfields Overview
        • Brownfields Site Rehabilitation
        • Liability Protection and Economic Incentives for Brownfields
Chapter 22 - Due Diligence
        • Environmental Considerations for Corporate and Real Estate Transactions
        • Working with Environmental Consultants in Conducting Environmental Due Diligence
Chapter 23 - Air Quality
        • Overview of Air Quality Regulation in Florida
        • New Source Review Permitting
        • Title V Air Operation Permits
        • Permitting Sources of Air Toxics
        • Clean Air Act Compliance and Enforcement
        • Acid Rain Program
Chapter 25 - Land Use Regulation
        • Land Use Planning and Zoning in Florida: An Overview
        • The Environmental Land and Water Management Act of 1972 -­Developments of Regional Impact and Areas of Critical State Concern
        • Spot Zoning
        • Variances Under Florida Law
        • Nonconforming Uses and Structures
        • Planned Unit Developments
        • Determinations of Need in Florida Electrical Power Plant and Transmission Line Siting Proceedings
        • The Role of Community Development Districts in Florida
Chapter 26 - Billboards and Signs
        • Regulating Billboards and Signs: First Amendment Considerations
        • Regulation of Billboards
Chapter 27 - Preserving Historic Resources
        • Summary of Florida Historic Preservation Law
        • Constitutional Issues in Preserving Historic Resources through Local Land Use Controls
Chapter 28 - Impact Fees
        • Impact Fees in Florida
Chapter 29 - Transferable Development Rights
        • Introduction and General Overview of Transferable Development Rights
        • Contract and Conditional Zoning
Chapter 30 - Inverse Condemnation
        • Overview of Inverse Condemnation
        • Procedural Considerations and Types of Constitutional Challenges to Government Regulation, Including Inverse Condemnation Claims
        • Private Property Rights Protection Legislation: Statutory Claims for Relief from Governmental Regulation
        • Physical Invasion and Injury to Property
        • Regulatory Takings: Exactions, Impact Fees and Permit Conditions
        • Temporary Regulatory Takings
        • Inverse Condemnation Damages
        • Takings Claims Involving Historic Preservation Laws and Regulations
Chapter 31 - Judicial Review
        • Administrative and Judicial Review of Land Use Decisions
Chapter 32 - Civil Rights
        • Civil Rights Considerations in Zoning
Chapter 33 - Large Area Planning
        • Sector Plans
Chapter 34 - Climate Change
        • “Insolation” – The Only Time “Shade” is A Bad Idea in Florida
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