39th Environmental Permitting Summer School

Hurricanes Ian and Nicole have reinforced the idea that Floridians must plan for and implement sustainable, cost-effective measures designed to both reduce the risk to individuals and property from future natural hazards and disasters while also aiming to reduce reliance on federal funds moving forward. Hazard mitigation activities are intended to reduce the cost of recovery from a disaster and can be implemented in preparation of the inevitable storm and also to expedite recovery and strengthen the community post-storm. Join our panel to discuss strategies implemented in Florida and elsewhere that will touch upon effective pre and post/disaster mitigation at the local, state, and federal levels of government.

This advanced course delivers a deep dive into the latest developments in the Army Corps of Engineers’ (ACOE) permitting processes under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act. With a new federal administration in place, our panel will analyze any fresh guidance or policy shifts emerging from ACOE headquarters, and what they mean for practitioners. Experts will walk through the permitting process step-by-step, sharing case studies, practical strategies to streamline approvals, and key red flags to avoid. Expect an interactive, solutions-focused session designed to spark audience discussion and debate.

Over the last 10 years, the nation has been subject to frequent definition changes to the Waters of the United States (WOTUS), resulting in extreme uncertainty in the jurisdiction of Section 404 jurisdiction under the Clean Water Act. The changes have been brought on by the last four administrations and significantly affected by a stalwart couple from Idaho and the federal court system. In March of this year, we were gifted with perhaps the BEST (measured by the humor of its title, even if you disagree on the content) joint memorandum ever issued by the US EPA and US Army Corps of Engineers. In this course, a panel of WOTUS experts will discuss the latest revisions to the definition and the implications for practitioners in Florida. Come with your questions. Audience participation is encouraged!

Always a timely and useful course to provide updates on the most current information and activities with the Department of Environmental Protection which we feel will be of most interest to our attendees; includes review and analysis of rules and policies recently adopted or under development, including the latest updates on the Stormwater Rule, OSTDS and domestic wastewater rules, and any published reports; key/practical tips for all private/public regulated interests; course format is designed for extensive audience participation.

This course will provide a detailed and in-depth breakdown of all aspects and components necessary for the environmental professional to obtain an ERP permit in an efficient and effective manner. This course will take the audience through all the steps in the review and issuance of an ERP permit including an administrative permit challenge. In addition, the course will discuss how new and proposed rules and policies are affecting the permitting process. Learn from this highly-experienced panel all of the essential criteria and policies, including wetland and mitigation requirements, stormwater requirements, water quality and administrative and legal requirements critical to finalize a permit. This course is a must for environmental professionals who want to understand all aspects of ERP permitting to better represent their clients and deliver efficient results. Audience participation is encouraged.

The growth of Florida’s mitigation banking industry has resulted in over 100 permitted banks providing mitigation to 4,000+ projects throughout the state. As the industry evolves, changes in regulatory and policy standards are inevitable. This course focuses on recent changes on a national and state level that affect the mitigation banking industry and associated development in Florida. Prospective and current mitigation bankers and users of mitigation bank credits need to understand these changes to ensure compliance and to achieve efficient and timely permit processing. Updates will be provided on USACE’s new Mitigation Banking Instrument, new Financial Assurance requirements, changes in the definition of Waters of the United States (WOTUS) and mitigation challenges associated with Florida DOT projects.

If you want to know precisely how state wetland jurisdiction is determined in Florida, and the nuances of the uniform statewide wetland methodology, this is your course! This course addresses the initial concept and formulation of 62-340, F.A.C., the wetland jurisdictional methodology, recent rule interpretations and policy. This experienced panel will discuss and analyze the application of vegetation, soils and hydrologic indicators in determining presence of state regulated wetlands; the methodologies used in the various tests; application to altered and non-altered sites; practical applications and dispute resolution. Examples and case studies will be discussed. This course is designed for extensive audience participation.

This course addresses how to delineate a federal wetland using the 1987 Wetland Jurisdictional Manual and 2010 Regional Supplement. If you want to know precisely how a wetland jurisdictional boundary is set at the federal level, and the subtle and not so subtle differences and nuances of Federal wetland methodology, this is your course! The panel will discuss and analyze the application of vegetation, soils and hydrologic indicators in determining presence of federal regulated wetlands; the methodologies used in the various tests; and practical applications. Other federal guidance and tools will be discussed, including the Federal Ordinary High Water Line Manual and the new Delineation Data Form.

This course will focus on the real-world implementation of the Florida Wildlife Corridor —what it takes to turn a conservation vision into tangible outcomes. With nearly half of the 18 million-acre corridor already under conservation management and the rest largely comprised of working agricultural lands, success depends on balancing preservation with landowner partnerships. Panelists will explain how tools like conservation easements, strategic land acquisitions, and payments for ecosystem services are being used to secure and connect critical habitats. Attendees will gain insight into how legislative support, funding mechanisms, and cross-sector collaboration are driving forward one of the state’s most ambitious conservation efforts—and what’s next to maintain momentum.

This session will address the types of permits (CCCL, ERP, JCP) that apply to marine-related projects and includes presentations on how the ecology and biology of Florida’s seagrasses and mangroves drive the reality of regulatory responses; what restoration options and assessment strategies are available and appropriate; the challenges of the permitting process and the importance of establishing realistic restoration goals that can be measured as well as attained. Also, some focus will be given to UMAM assessments for seagrass impacts and mitigation; living shorelines, mangrove restoration and other estuarine restoration techniques; and restoration site selection, techniques, and monitoring in the context of the regulatory environment. This course provides excellent coverage of a very complex subject.

Public and private sector projects located near wetlands, endangered species habitats, or other protected areas are often opposed by individuals and organizations during permitting proceedings as well as in federal court. Effective permitting of such projects requires a grasp of the changes in the requirements or enforcement of these federal laws under the Biden administration. This seminar focuses on how to build a winning record and strategies for supporting or attacking permitting decisions in the courtroom. This course is ideal for managers and consultants who work on large or controversial projects involving wetlands, endangered species or protected natural resources.