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Articles by Alexandra Barshel
Florida Governor Signs Mitigation Banks Bill into Law: Permits Out-of-Service Area Wetland Mitigation Credits | JD Supra
On June 26, 2025, the Florida Governor signed the Mitigation Banks bill (SB492/HB1175) into law. This new law significantly updates the state's wetland mitigation banking program, impacting how mitigation credits are obtained, released, and tracked statewide. Under Florida and federal law, wetland mitigation is required to offset unavoidable impacts to wetlands resulting from development, the most common form of mitigation being wetland mitigation bank credits.
EPA Acts Swiftly to Address PFAS Contamination | JD Supra
Announcing PFAS Drinking Water Standard, Moves to Designate PFAS as Hazardous Substance Under CERCLA Earlier this month, the Environmental Protection Agency (“EPA”) announced the final National Primary Drinking Water Regulation (“NPDWR”) for a group of previously emerging contaminants, per-and polyfluoroalkyl substances (collectively known as “PFAS”). The NPDWR establishes legally enforceable levels, called Maximum Contaminant Levels (“MCLs”), for PFAS in drinking water.
EPA Acts Swiftly to Address PFAS Contamination
Announcing PFAS Drinking Water Standard, Moves to Designate PFAS as Hazardous Substance Under CERCLA Earlier this month, the Environmental Protection Agency (“EPA”) announced the final National Primary Drinking Water Regulation (“NPDWR”) for a group of previously emerging contaminants, per-and polyfluoroalkyl substances (collectively known as “PFAS”). The NPDWR establishes legally enforceable levels, called Maximum Contaminant Levels (“MCLs”), for PFAS in drinking water.
New EPA Rule on Clean Water Act | JD Supra
The Environmental Protection Agency (EPA) released the final Clean Water Act (CWA) rule (New Rule) to comply with the US Supreme Court decision in Sackett v. EPA, 598 U.S. _, 143 S. Ct. 1322 (2023) (“Sackett”). This is a pre-publication version submitted for publication in the Federal Register. The New Rule is an emergency rule implemented to conform the prior “Revised Definition of ‘Waters of the United States’” published in January 2023 (2023 Rule) with the Sackett decision.
New Proposed Rules for Florida Stormwater Systems | JD Supra
The Florida Department of Environmental Protection (FDEP) is in the process of significantly updating the state stormwater rules and Environmental Resource Permitting process for the design and operation of stormwater systems. The rulemaking effort has spanned over a year with several versions of new draft rules, the most recent of which was published on February 3, 2023.
New EPA Standard for Environmental Site Assessment | JD Supra
On December 15, 2022, the Environmental Protection Agency published a final rule recognizing ASTM E1527-21 as the new standard for performing a Phase I Environmental Site Assessment (“ESA”). With this final rule, the “-21 standard” will become the governing standard to satisfy the All Appropriate Inquiries (“AAI”) component of establishing an innocent landowners defense under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”).
WOTUS Development: EPA and Army Corps Implement New Wetlands Guidance Returning to Rapanos | JD Supra
As a result of the U.S. District Court for the District of Arizona’s August 30, 2021 order vacating and remanding the Navigable Waters Protection Rule (“NWPR”), discussed in our prior post, the Environmental Protection Agency and U.S. Army Corps of Engineers (collectively the “Agencies”) have halted implementation of the NWPR nationwide.
Miami-Dade County to Release Finalized Plan to Address Climate Change | JD Supra
On April 22, 2021, Miami-Dade County released a draft Climate Action Strategy for public comment. The full draft of the report can be found here. Miami-Dade County often finds itself at the center of the conversation of climate change and resiliency efforts.
Federal Judge Strikes Down Trump Administration’s Federal Wetlands Regulations Rule | JD Supra
Yesterday, a federal judge vacated the Trump Administration's Navigable Waters Protection Rule (“NWPR”) that had narrowed the scope of federal jurisdiction over wetlands. The order, from the U.S. District Court for the District of Arizona, applies nationwide and brings a swift end to the NWPR, even as the Biden administration has begun the process of reworking the regulation.
EPA and Army Corps Announce Public Meetings to Consider Retraction of Definition of Waters of the United States | JD Supra
In light of the Biden Administration's plans to reverse significant portions of the Navigable Waters Protection Rule, the Environmental Protection Agency and U.S. Army Corps of Engineers have announced a schedule of public meetings regarding their intent to revise the definition of "waters of the United States" (WOTUS) – the threshold term establishing the geographical scope of federal jurisdiction under the Clean Water Act.
Biden Administration to Redefine Geographical Scope of Clean Water Act | JD Supra
Last week the Biden administration announced plans to reverse the Navigable Waters Protection Rule, implemented by the prior administration, and initiate a new rulemaking process that will likely expand the number of waterways currently subject to federal regulation under the Clean Water Act (CWA).
Mayor Levine Cava Highlights Miami-Dade County Priorities at South Florida Redevelopment Conference | JD Supra
At the keynote session of Bilzin Sumberg’s South Florida Redevelopment Conference, newly elected Miami-Dade Mayor, Daniella Levine Cava, shared her vision for the County in the coming years. With a long history of public service to County residents, and as the first female mayor of Miami-Dade County, Mayor Levine Cava’s participation in the Conference garnered keen interest from attendees.
EPA Approves Florida to Administer Clean Water Act Provision | JD Supra
On December 17, 2020, the U.S. Environmental Protection Agency ("EPA") announced their approval of the State of Florida’s request to administer federal wetlands permitting under the Clean Water Act ("CWA") Section 404 Program within the state. Florida is only the third state in the country to receive such authority.
Navigable Waters Protection Rule Now in Effect | JD Supra
On Monday, June 22, 2020, the Trump Administration's contested Navigable Waters Protection Rule (the "Rule") defining the scope of federally jurisdictional "waters of the United States," took effect in every state except Colorado. Last Friday, a California federal judge refused a request submitted by a coalition of 17 states and cities to block implementation of the Rule nationwide.
Navigable Waters Protection Rule Published in Federal Register | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Environmental Considerations: Identifying Risks and Protecting Assets in Turbulent Times | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Changes to the Clean Water Act's "Waters of the United States" Rule | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
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