On July 15, 2015, the Florida First District Court of Appeal affirmed an order of the Florida Department of Environmental Protection (DEP) regulating water levels in the Chassahowitzka and Homossassa Rivers. The case had potentially significant, statewide water policy implications. DEP’s order found that the minimum flows and levels (MFLs) adopted by the Southwest Florida Water Management District for the Chassahowitzka and Homosassa Rivers were consistent with the state’s Water Resource Implementation Rule, and that water management districts are not required to implement water quality standards, including antidegradation policy, when setting MFLs. The First District Court of Appeal per curiam affirmed the order.
Hopping Green & Sams (HGS) attorneys Eric Olsen, Mohammad Jazil, and Erin Coburn prepared briefs on behalf of electric and water utility clients. Mohammad Jazil successfully argued the case before the appellate court.