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14 HGS Attorneys to Speak at Marco Permitting Summer School

Posted Tuesday, July 9th, 2013

Fourteen attorneys from Hopping Green & Sams, P.A.,  will be instructors or moderators for courses at the 27th Annual Environmental Permitting Summer School. The series of courses will be held July 16-19, 2013 in Marco Island, Florida.  The summer school program provides informative courses regarding various environmental issues, including, but not limited to, regulations, permitting, enforcement, planning and updates for recent changes.  Representatives from Hopping Green & Sams, P.A. are speaking on the following topics:

• UNDERSTANDING NUMERICAL NUTRIENT CRITERIA: LEGAL, TECHNICAL, POLICY, AND IMPLEMENTATION ISSUES

As the dust settles on the initial rounds of numeric nutrient criteria litigation, this early bird session will explore issues associated with the next chapter of the ongoing nutrient criteria saga: implementation and compliance. This expert panel will explore in detail how Florida businesses, agriculture, and local governments can plan for a new nutrient regulatory regime. Topics covered will include: National Pollutant Discharge Elimination System (NPDES) permitting and nutrient water quality based effluent limitations; site specific alternative criteria; storm water management; agricultural best management practices; water quality credit trading; and total maximum daily load development and implementation.

Instructors: David Childs  (Moderator) and fellow speakers Drew Bartlett, Tiffany Busby, Mike Markey, Rich Budell, Kurt Spitzer, Dan Hammond, Tom Debusk, Dave Tomasko, Stan Posey.

When:  Tuesday, July 16, 1:00 – 5:00p.m.

• WMD PLANNING, REGULATORY, AND POLICY UPDATE

Important course designed to provide insight into both regulatory, planning and water supply development programs of Florida’s five water management districts; includes discussion of water resource development and water supply planning; adoption and implementation of Minimum Flows and Levels (MFL); integration of Florida Forever work plans with Water Management District (WMD) land acquisition and management programs; Environmental Resource Permitting (ERP), industry consideration of watershed planning, secondary and cumulative impacts, and other emerging programs and issues.

Instructors: Eric Olsen  and fellow speakers Brenna Durden, Greg Munson, Laura Donaldson.

When:  Thursday, July 18, 10:30 – 12:10p.m.; Friday, July 19, 10:30 – 12:10p.m.

• DEP GOING FORWARD

Programmatic revisions have occurred, and rule revisions and reorganization are on-going. The new Department of Environmental Protection (DEP) is seeking greater consistency and predictability in its regulations consequently new rule making initiatives are underway. The DEP has repealed hundreds of air, water and waste rule sections and is revamping ERP and Consumptive Use Permitting (CUP) rules and policies to achieve streamlining and true regulatory reform while maintaining or enhancing environmental protection.

Instructors: Frank Matthews  and fellow speakers Jason Lichtstein, Jeff Littlejohn.

When:  Wednesday, July 17, 8:30 – 10:10a.m.

• CHALLENGES IN ADMINISTRATIVE LITIGATION

The 2011 Legislature changed the burden of persuasion in administrative challenges to permit and other regulatory decisions such that the challenge has the “burden of persuasion” in convincing the administrative law judge that the permittee is not entitled to a permit issued by the governmental entity.  The Legislature also shifted the basis for a legal challenge to a proposed plan amendment from a “preponderance of the evidence” to “fairly debatable.”  Do these changes unfairly tilt the playing field against challengers or provide for a more fair and balanced process for resoling administrative challenges to environmental and growth management decisions?

InstructorsSusan Stephens  and fellow speakers Larry Curtin (Holland & Knight-moderator) and Janet Bowman (The Nature Conservancy).

When:  Wednesday, July 17, 10:30 – 12:10p.m.

• PERMIT STREAMLINING REVISITED

The 2013 Legislature is considering additional regulatory reform and streamlining legislation. In 2012, it passed as HB 503 when panhandle Representative Jimmy Patronis very effectively worked with a large group of stakeholders including development, environmental, industry, and landowner interests to gain passage of legislation addressing a wide variety of environmental planning, permitting, and enforcement issues. This year Patronis and Senator Thad Altman filed yet another streamlining bill covering duplication between state and local regulations, boating, water supply, air and waste, and everything in between.

Instructors: Frank Matthews  and fellow speakers Mary Jean Yon, Jeff Littlejohn.

When:  Friday, July 19, 10:30 – 12:10p.m.

• PROPERTY RIGHTS TAKES CENTERSTAGE

This course will discuss the effect of the U.S. Supreme Court’s anticipated decision in Koontz v. St. Johns River Water Management District involving whether the impositions of conditions (such as off-site improvement of state lands) for issuing a permit to fill wetlands was an “exaction” and a taking of private property. Jim Burling, an attorney with Pacific Legal Foundation which was Counsel for Koontz, will provide insights on the case. The Panel will also discuss the Supreme Court’s ruling in Arkansas Game and Fish Comm’n v. United States regarding takings from temporary government induced flooding of property. This course will also review recent decisions and developments surrounding Florida’s Bert J. Harris, Jr. Private Property Rights Protection Act, eminent domain, and inverse condemnation law.

Instructors: Kent Safriet  and fellow speakers David Smolker, Brian Seymour, Jim Burlin.

When: Thursday,  July 18, 8:30 – 10:10a.m.

• SECTOR PLANNING

In 2011, the Community Planning Act transformed sector planning from a pilot project with strong state oversight to a planning tool available to any local government on property which was at minimum 15,000 acres. This change was generally praised by developers but cautiously accepted by environmentalists. Are sector plans the best tool for the state’s large private land holdings? Is the law weak in areas such as state oversight? Is the new law a step in the right direction? In this session a balanced panel will discuss the pros and cons, benefits and concerns of the new sector plan law and the differences from the pilot project. The panel will also discuss preliminary efforts, limited as they may be, to move forward with sector plans under the new act.

Instructors: Gary Hunter  (Moderator) and fellow speakers Clay Henderson, Darrin Taylor, James Stansbury, Richard Gehring.

When: Thursday, July 18, 3:30 – 5:10p.m.

• FLORIDA’S RENEWABLE ENERGY PROJECTS: UPDATE ON FINANCING, ENVIRONMENTAL LICENSING, AND CONSTRUCTION

Hear the latest on ethanol, biodiesel, and biopower projects in Florida. During this fast-paced informative roundtable discussion, the panel will focus on the development challenges currently facing renewable energy projects in the State. Hear why some of the newly permitted projects are moving forward while others appear to be stalled. The experts on this panel will discuss some of the most difficult challenges for a project’s success, including the due diligence needed for selection of the ideal site. The panel will also discuss environmental permitting and administrative challenges that often follow. You will also hear about feedstock agreements, offtake and power purchase agreements, and all of the elements needed for achievable project funding, including equity financing, debt financing, government grants, tax incentives, and loan guarantees. This panel will focus on critical issues and challenges that could arise for any bioenergy project, issues that could ultimately make or break a particular project. The panel will also discuss what has and what has not worked in the past, and offer general advice on what you should do to try to minimize any detrimental impacts or implications for your project to help ensure its success.

Instructors: Joseph Brown  and fellow speakers Tom Yonge, Rick Jensen, Geoff West.

When: Thursday, July 18, 8:30 – 10:10a.m.

• REGULATION OF GREENHOUSE GAS EMISSIONS FOR FLORIDA SOURCES

This timely session focuses on the greenhouse gas permitting requirements for sources in Florida. The panel will cover the practical implications for industry in Florida and the nuts and bolts of current federal Prevention of Significant Deterioration (PSD) permitting requirements for greenhouse gases. Angela and Max will focus on PSD applicability and how the permit applications are processed by the Environmental Protection Agency (EPA) Region IV and the various additional analyses that are required, beyond greenhouse gas impacts (e.g., constructionrelated and criteria pollutant impacts) including consideration of impacts to endangered species, cultural resource impacts, coastal zone management, impacts on marine life, environmental justice, and Tribal input. Michael will explain “Best Available Control Technology” (BACT) requirements for greenhouse gas emissions, and will provide several recent examples of BACT determinations relevant to Florida sources. Scott will focus on concerns with BACT determinations that have been raised by EPA and third parties, including issues being addressed in the appeals of a few greenhouse PSD permits and their associated BACT determinations.

Instructors: Angela Morrison  and fellow speakers Michael Ballenger, Max Lee, Scott Osbourn, Mark Hooyer.

When: Thursday, July 18, 10:30 – 12:10p.m.

• RETHINKING FLORIDA’S ENERGY CAPACITY: DEBUNKING MYTHS AND EXPLORING EMERGING TRENDS IN OIL AND NATURAL GAS DEVELOPMENT

2013 marks new opportunities to provide greater, more reliable supplies of oil and natural gas for Florida’s domestic, commercial, and industrial consumers. This panel explores existing and potential law, technology, practices, and policies reshaping how Florida approaches oil and natural gas exploration, production, development, and consumption. In Florida oil and natural gas development raises a host of regulatory and logistical questions. This panel of experts will discuss the myths and opportunities surrounding a wide range of topics, including hydraulic fracturing, underground natural gas storage, as well as questions surrounding existing pipeline capacity, security, energy independence, directional drilling, and more. The panel will discuss current law and regulations, the state of the science, recent legislative initiatives, and comment on future opportunities for effectively using Florida’s energy resources.

Instructors: Richard Brightman, Timothy Riley and  fellow speakers Tom Herbert, Linda Lampl.

When: Thursday, July 18, 1:30 – 3:10p.m.

• CENTRAL FLORIDA WATER INITIATIVE DEP’s

Central Florida Water Initiative (CFWI) is easily Florida’s most important and far-reaching inter-district water management analysis ever undertaken. CFWI efforts focus on a water deficit area that includes five central Florida counties, involving three water management districts, as well as the Florida Department of Agriculture and Consumer Services, several regional public water utilities, landowners, local government, and various other stakeholder interests. Goals and guiding principles of CFWI include identifying sustainable sources of traditional water supplies, developing strategies to meet water demands exceeding available supplies, and providing for consistency among WMDs in reaching water supply goals and objectives. This important effort has already influenced changes to Florida water law and policy, with many more expected to come.

Instructors: Eric Olsen  (Moderator) and fellow speakers Tom Beck, Blake Guillory, Chip Merriam, Rich Budell, Mary Jean Yon.

When: Wednesday, July 17, 10:30 – 12:10p.m.

• FLORIDA NPDES UPDATE

Update on procedural and substantive considerations in permitting under NPDES program including stormwater; new regulatory developments including proposed numeric nutrient criteria; program administration; case law update; enforcement and citizen suits; additional compliance considerations; how to interpret complex regulations; examples of industrial and construction applications; implementation of stormwater NPDES; Municipal Separate Stormwater Sewer Systems (MS4 ) program; current agency practices; emerging trends and issues.

Instructors: Winston Borkowski  and fellow speakers Mark Thomasson, Jim Bassett, Robert Potts.

When: Thursday, July 18, 1:30 – 3:10p.m.; Friday, July 19, 8:30 – 10:10a.m.

• EMERGING ISSUES IN ENVIRONMENTAL RESOURCE PERMITTING

This extremely informative and timely course combines the legal principles of ERP permitting, as expressed by recent changes with practical tips and pitfalls from regulators and practitioners. The panel presentation will be free flowing with considerable audience participation led by lawyers and scientists from the public and private sectors. The course assumes a working knowledge of the ERP process and criteria, and it is intended to examine the critical issues that make or break applications, including those subjected to the extraordinary scrutiny of an administrative hearing. Part I – Analysis of legal, technical, and practical aspects of environmental resource permitting Part II – Find out what the reorganization and reshuffling at the WMDS and DEP and the federal budget sequestration will mean for ERP applicants as Florida emerges from the recession.

Instructors: Frank Matthews  and fellow speakers Shannon Gonzalez, Jerry Renick, Steve Adams, Susan Martin.

When: Wednesday, July 17, 2:00 – 5:40p.m.

• AIR QUALITY- HOT TOPICS

EPA has seen a change at the top and in the president’s second term is continuing to issue new rules and guidance. This panel will review how DEP is implementing the new regulations and what facilities need to know regarding how these actions will affect your operations. We will explain the impact of EPA’s proposed State Implementation Plan (SIP) Call regarding startup, shutdown and malfunction emissions and the wide-ranging implications of the new National Ambient Air Quality Standards, including SO2 implementation and nonattainment areas. Other issues to be discussed include current DEP initiatives, recent examples of PSD applicability determinations for major sources, the latest developments regarding Clean Air Interstate Rule (CAIR) and Cross-State Air Pollution Rule (CSAPR), new federal Maximum Achievable Control Technology (MACT) standards for small engines and industrial and utility boilers, and EPA’s reaction to Florida’s Regional Haze Program. This will be an informative session to help you stay current on the latest rules and policies – please bring your company-specific questions for this panel of experts.

Instructors: Robert Manning  and fellow speakers Brian Accardo, Ken Kosky, Brad James.

When: Wednesday, July 17, 4:00 – 5:40pm.

• REGULATION, CLEAN-UP, AND REUSE OF CONTAMINATED PROPERTIES

This panel will address recent developments under state and federal law, including the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) and the Resource Conservation and Recovery Act (RCRA), with emphasis on DEP’s consolidation of existing petroleum dry cleaning, and brownfields programs’ clean-up rules into Chapter 62-780, F.A.C., and DEP’s integration of Chapters 62-780 and 62-730, F.A.C. and RCRA Corrective Action Permits. The panel will also address emerging trends in assessment, remediation, and re-use of previously undesirable lands, and developments in EPA’s Integrated Risk Information System profiles for arsenic and other toxic chemicals.

Instructors: Ralph DeMeo, Carl Eldred  and fellow speakers Howard Nelson, Jim Oliveros, Eduardo Smith, Chris Saranko, Larry Danek.

When: Thursday, July 18, 8:30 – 12:10p.m.

Additional information regarding the course is
available at: http://www.floridaenet.com/images/PDFBank/27thSummerSchool/fen%202013%20summer%20school%20final.pdf

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