The Florida Bar

Florida Bar Journal

The Florida Bar Journal

Environmental & Land Use Law

The Crown Can Do No Wrong, Except Where It Does: The History, Development, and Basis of Legal Standards Applicable to Florida Local Government Zoning Decisions

Environmental & Land Use Law
The applicable legal standard of review of local government decisions is crucial. It can dictate whether the local government decision...

Conservation Easements, a Benefit to the Environment and the Landowner

Environmental & Land Use Law
This article explores the uses of conservation easements in Florida and the benefit not only to the environment, but also...

Can a Washington State Statute Cure Florida’s Local Government Exposure Under Koontz v. St. Johns River Water Management District?

Environmental & Land Use Law
The Supreme Court’s recently issued decision in Koontz v. St. Johns River Water Management District, 133 S. Ct. 2586 (2013),...

Will Basin Management Action Plans Restore Florida’s Impaired Waters?

Environmental & Land Use Law
There are certain traditional American values not to be questioned — the flag, motherhood, apple pie…and clean water. The value...

Florida Nuisance Law and Urban Agriculture

Environmental & Land Use Law
The Community Planning Act of 2011 marked a dramatic shift in Florida’s approach to growth management. Prior to the enactment...

Risk-Based Corrective Action in Florida: How Is it Working?

Environmental & Land Use Law
The Florida Legislature passed Committee Substitute for H.B. 1123, commonly referred to as “Global” RBCA, which was signed into law...

Now It’s Easier Being Green: Florida’s New Benefit and Social Purpose Corporations

Environmental & Land Use Law
Effective July 1, 2014, Florida joined the growing number of states that permit special types of for-profit corporations to pursue...

Standing to Appeal an Administrative Order: Cautions from Martin County Conservation Alliance v. Martin County

Environmental & Land Use Law
Administrative and civil litigators appreciate the paramount need to create an evidentiary record to present the best case possible, both...

Drowning in Place: Local Government Costs and Liabilities for Flooding Due to Sea-level Rise

Environmental & Land Use Law
Many areas of Florida are experiencing increased tidal flooding due to sea-level rise (SLR). Florida has experienced eight to nine...

New Environmental Resource Permit Rules

Environmental & Land Use Law
Florida’s water resources are regulated pursuant to the Environmental Resource Permit (ERP) program under Part IV of F.S. Ch. 373....