39th Environmental Permitting Summer School

Florida's rich and diverse mineral resources offer significant opportunities for economic development, energy production, and multifaceted land use and development, but also pose complex challenges for proprietary property rights, environmental protection, property and royalty ownership, and public participation. This panel will explore the legal and operational aspects of identifying and securing real property rights for mineral owners, complying with regulatory requirements for near-surface non-mineral resources, as well as heavy minerals, mining, oil and gas development, and addressing surface and land use issues. Additionally, the panel will address how mineral rights and activities impact non-mineral development and create permitting and real property title issues. The panel will also examine the roles and responsibilities of local, state, and federal regulators, as well as the interests and concerns of landowners, operators, developers, citizens, and stakeholders. This course is designed for anyone involved or interested in the mineral exploration and development industries in Florida, whether as a mineral owner, a mining or oil and gas operator, a developer, a policymaker, a government official, or a member of the public.

This course will cover the latest court decisions and legislative actions affecting private property rights in Florida, takings jurisprudence, the Bert J. Harris, Jr. Private Property Rights Protection Act, and other government actions that affect private property. Hot topics this year include two SCOTUS cases (Sheetz v. County of El Dorado and Devillier v. Texas) and “Customary Use” of Florida Beaches. For both public and private parties, this course will discuss ways to avoid property rights litigation.

Anyone who has tried and won a DOAH case knows it is all about the experts. So join us and learn what it takes to present winning testimony in a DOAH case from attorneys and experts who have done so, and from an administrative law judge who can share what works and what to avoid. This course will discuss best practices for choosing and preparing your experts for deposition; the state of the law on whether and to what extent attorney communications with expert witnesses are privileged; techniques for conducting a clear, concise and impactful direct examination of experts; developing and using demonstrative exhibits to help explain complex concepts and data in an easily understandable fashion; and strategies for challenging and conducting effective cross-examinations of your opponent’s experts. We will also identify some of the most common evidentiary and procedural pitfalls that can weaken or defeat your case, and share some horror stories. Questions will be welcome.

This panel will provide an overview of major federal and state air quality legislation, rules, litigation, and initiatives, with focus on how your normal business operations in Florida will be affected. This timely and informative course will examine EPA’s greenhouse gas rule, the new PM NAAQS, updates to the Air Emissions Reporting Rule, and Reclassification of Major Sources, a/k/a Once In, Always In. This informative session is designed to help you stay current on the latest rules and policies – Come prepared with your questions for this panel of experts.

The Division of Waste Management touches many areas, ranging from Brownfields and emerging contaminants to solid and hazardous waste regulation. It also formulates policy and coordinates with the six regulatory Districts on enforcement and compliance assistance. This is a class to introduce a wide audience to one of the largest operations units of FDEP. You will learn what are the Division’s several programs and how they are implemented throughout the State and relate to ensuring that as Florida grows, the Division keeps pace with its mission. Has compliance assistance paid dividends on RCRA, USTs, solid waste, and other programs’ compliance? What are the most common violations on several programs? What do their data and 2024 dashboards show, particularly in the Petroleum Restoration Program? Where does FDEP see the PRP evolving to now that the last batch of sites will be assessed in the next few years? How can most RCRA, UST, and solid waste violations be avoided? As several cleanup programs mature, what will be emerging contaminants that all stakeholders will have to be prepared for (hint… like to start developing a PFAS groundwater primary standard in 2025. How are the Division and industry reacting to these? How does the Division relate to other Divisions? Our panel will consist of past and present state regulatory leaders, private corporate leaders, consultants, and attorneys who will give their impressions and encourage audience participation.

Environmental enforcement in Florida continues to evolve, with regulatory agencies placing increasing emphasis on accountability over compliance assistance. This policy shift is especially evident in the regulation of solid and hazardous waste, soils, and water quality—and it has intensified the scrutiny on both permitted activities and private property transactions. As enforcement tightens, new technologies are entering the market to help regulated entities manage liability, reduce costs, and comply with stricter standards. This course explores recent legal and technical developments affecting pollution liability, including case studies and real-world implications for property owners, facility operators, and transactional stakeholders. New this year is a presentation from Sedron Technologies on their advanced biosolids processing system now under construction in Martin County. The system offers a sustainable, chemical-free method to transform wastewater biosolids into Class A fertilizer and recover clean water, with added benefits such as PFAS destruction and reduced greenhouse gas emissions. Course attendees are encouraged to engage in interactive discussion with environmental attorneys, technical experts, and innovators addressing today’s most pressing pollution liability challenges.

This course will provide environmental engineers, attorneys, and other brownfield stakeholders with a practical, detailed overview of how to navigate the redevelopment of contaminated sites in Florida. Participants will learn how current state and federal rules, including recent changes from the 2025 Florida Legislative Session, directly impact liability management, site cleanup, and redevelopment financing. The panel will walk through replicable processes for addressing risk, satisfying regulatory requirements, and structuring public-private partnerships that align with legal and technical best practices. Case examples will be used to illustrate how successful projects have been executed, with a focus on the technical, financial, and legal strategies that made them work. By the end of the course, attendees will have a clear understanding of how to approach brownfield redevelopment projects efficiently and in compliance with applicable laws.

Back by popular demand, the focus of this interactive discussion is facilitating sure and positive communication with both stakeholders and environmental regulatory agencies at the local, state and federal levels. Preparation, organization, as well as an in-depth understanding of the legal framework and processes of regulation, go a long way to ensuring a smoother and certainly more positive outcome. Here’s your chance to interact with the panel, using real case studies, and discuss which techniques were successful (or not) and receive expert advice from four instructors who’ve gotten results.

In this day and age, accessibility to information drives the involvement of stakeholders (e.g., investors, employees, neighbors, environmental groups) at a detailed level in matters of environmental permitting and compliance. The role of the “inspector” expands beyond just the agency regulators but encompasses the public community. How should a company best prepare for an “inspection” – whether it is a DEP review under the State Review Framework or public scrutiny of the vast amount of disclosures and environmental reports? This panel will focus on answering this question by presenting practices for proper data collection and disclosure that can stand up to stakeholder inquiries while still balancing a company’s desire to implement a value-added strategy. Additional considerations addressed in this panel:
With industry reliance on consistency and transparency, when is voluntary disclosure advised and do more detailed disclosures lend the risk of gaining more exposure?
What is the appropriate balance of information to keep on file and why is “accurate” rather than “conservative” data more important than ever?
How can a company balance the risk of exposure to releases/misinterpretations while still adding value to their process for consistency and attaining Environmental and Social Governance (ESG) goals?
All these questions will be explored in the light of both federal and state updates, considerations for Environmental Justice (EJ), and how these changes impact industry. The panel will provide a perspective and guidance from many points of view including state regulators, permitted industry, and legal counsel.

With all the attention on emerging contaminants of concern, including PFOA/PFAs controversy, this course is a must-attend!  This panel of experts will provide timely updates on new ways the Department of Environmental Protection and EPA are addressing water quality issues; also includes basic as well as advanced discussion on water quality discharge permitting, whether from industrial, domestic, or other discharge sources; emphasis on current agency practices, and updates on pending legal changes; emerging water quality issues affecting industry, regulations and the general population. Come prepared with your questions!  This course is designed for extensive audience participation.