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On May 25, 2023, the United States Supreme Court decided Sackett v. EPA, a case concerning the outer limits of the Clean Water Act (“CWA”). The CWA grants the Environmental Protection Agency (“EPA”) authority to regulate water quality in the Nation’s rivers, lakes and streams. But discerning the precise boundaries of the CWA has led to conflicts between private property rights and the reach of the federal government. …
Continue Reading From Murky Waters to Clear Paths: Why Sackett v. EPA Matters for Wetland Development

On July 26, 2016, by a sharply divided 3-2 vote, the Florida Environmental Regulation Commission (“ERC”) approved new changes to Florida’s surface water standards.

What is the ERC?

The ERC is a seven-member board (with two seats currently vacant) that is tasked with setting the standards and rules for Florida Department of Environmental Protection (FDEP) relating to air pollution, water quality, and waste management.

Florida’s Human Health CriteriaContinue Reading Environmental Regulation Commission Approves New Human Health Criteria Rules

11760095_10204830523298348_6318609551371833609_nSection 7(a)(2) of the Endangered Species Act (“ESA”) requires that each federal agency ensure that any action authorized, funded, or carried out by the agency is not likely to jeopardize the continued existence of any endangered or threatened species or result in the destruction or adverse modification of critical habitat of those species. When the action of a federal agency may affect a protected species or its critical habitat, that agency is required to consult with either the National Marine Fisheries Service (NMFS) or the U.S. Fish and Wildlife Service (USFWS), depending upon the protected species that may be affected.

Great News for Property Owners in Southwest Florida

On December 4, 2015 the National Marine Fisheries Service (NMFS) signed the Florida Statewide Programmatic Biological Opinion (Biological Opinion), which was based on NMFS review of the impacts associated with the U.S. Army Corps of Engineers (Corps’) authorization of minor in-water activities throughout Florida.Continue Reading Faster Permitting in Florida for Certain In-Water Activities