The Florida Bar

Florida Bar Journal

The Florida Bar Journal

Environmental & Land Use Law

Let the Sunshine In: Is There a Future for Residential Rooftop Solar Energy in Florida?

Environmental & Land Use Law
In an interesting and somewhat shocking development, on April 28, 2022, Gov. Ron DeSantis vetoed legislation that would have altered...

The New Scope of Florida’s Water Quality Assurance Act

Environmental & Land Use Law
Florida has long prioritized the preservation of its coastal waters and lands, ground water, and surface waters. In 1970, the...

Modernization of Stormwater Quality Rules

Environmental & Land Use Law
In 2020, the Florida Legislature passed Senate Bill 712, the Clean Waterways Act,[1] requiring the Department of Environmental Protection (DEP)...

State Assumption of the Clean Water Act Section 404 Permitting Program: Part I, an Overview

Environmental & Land Use Law
Section 404 of the Clean Water Act (CWA), Title 33 of the U.S. Code (U.S.C.) §1251, et seq., governs discharges...

There Will Be Floods: Armoring the People of Florida to Make Informed Decisions on Flood Risk

Environmental & Land Use Law
In Florida, a peninsula surrounded by water with the second-lowest mean elevation in the country, there will be floods.[1] A...

PFApocalypSe Now: The PFAS Firestorm and Implications for Florida

Environmental & Land Use Law
Per and polyfluoro alkyl substances (PFAS), are a class of chemicals in wide use throughout the nation and rapidly gaining...

Waters of the United States: A New Era for Federal Wetland Jurisdiction

Environmental & Land Use Law
For more than 45 years, all three branches of government have struggled with how to interpret the meaning of “waters...

New Evolutions in the Law of Climate Change and Sea-Level Rise

Environmental & Land Use Law
Climate change and sea-level rise law continue to evolve. Federal and state regulatory and policy responses involve expanding and evolving...

State Assumption of the Federal Dredge-and-Fill Permitting Program: The Search for the “Holy Grail”

Environmental & Land Use Law
State assumption of the U.S. Army Corps of Engineers (corps) dredge-and-fill permitting authority has been regarded by some as the...

Closing Superfund Sites Under Florida’s Risk-Based Corrective Action: The Time is Now!

Environmental & Land Use Law
The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), was signed into law by President Jimmy Carter as...