The Florida Department of Environmental Protection (FDEP) will assume permitting duties under section 404 of the federal Clean Water Act. HB 7043, which passed the Legislature March 8, creates the framework for the permit assumption. Details of the program will be worked out with various Memorandums of Agreement (MOAs) between DEP and the EPA, the US Army Corps of Engineers, and (likely) the US Fish and Wildlife Service. Stay Tuned!
In 2006, Supreme Court Justice Antonin Scalia jettisoned two centuries of legal precedent to redefine “Waters of the United States” as only being rivers, streams, and lakes. It’s a definition that left 98 percent of the country’s waters unprotected by federal agencies but was largely ignored – until Donald Trump ordered the EPA to make it the law of the land. Click here to read the
Congress passed the Clean Water Act in 1972, but it was slowly amended and refined. By 2000, the Army Corps of Engineers and the Environmental Protection Agency had settled on clear definitions of what constitutes “waters of the United States”. Not everyone, however, agreed with them. Author: Steve Zwick Click here to read the article
Last week, New York Attorney General Eric Scheiderman filed suit against the US Environmental Protection Agency and the Army Corps of Engineers to block the Trump administration’s suspension of guidance on clean water. In this three-part series, we examine the convoluted history of water regulation in the United States. By Steve Zwick Click here to read the article
The Mitigation Banking Group Founder & CEO, Victoria Bruce had the privilege to speak at the METRA General Meeting on January 10th. Victoria had the opportunity to provide the attendees with detailed knowledge about the Past, Present and Pending Future of mitigation banking in the state of Florida. Take an inside look: Download MBG Presentation
Section 404 of the Clean Water Act (CWA) regulates the discharge of dredged or fill material into waters of the United States, including wetlands. Section 404 requires a permit before dredged or fill material may be discharged into waters of the United States. Senate Bill 1402, which was proposed on January 9, 2018, would authorize the Florida Department of Environmental Protection (FDEP) to assume administration of the federal Clean Water Act, section 404 dredge and fill permitting program from
Join us at FDEP Central District in Orlando, Florida on January 10th at 3 pm to join our discussion on mitigation banking in Florida. General Meeting Wednesday – January 10, 2018, at 3 pm. Please invite and forward to any interested entities! Please join us to hear Victoria K. Bruce, CEO of The Mitigation Banking Group, Inc. She has been in the mitigation banking credit industry since 2004. Victoria’s has a vast background in the wetland mitigation and habitat conservation banks industry. Victoria is passionate
Mitigation Banking Rulemaking for Florida Department of Environmental Protection. This information has recently been updated and is now available. Rule Adoption Hearing for 62-342.700, F.A.C., Financial Assurance for Mitigation Banks (Tentative) DATE AND TIME: January 19th, 2018, 1:00 p.m., ET PLACE: This hearing will be broadcast via webinar. Parties can register to attend the webinar via their personal computers with audio by telephone (regular long distance telephone charges will apply) or by speakers connected to their computer (no telephone charges will apply). Webinar registration is
On October 20, 2017 the United States Fish and Wildlife Services (USFWS) sent out a memo regarding a new Statewide Radius for Sand Skinks. The memo was to document the decision and provide standard language to be included in Biological Opinions (BO) or Habitat Conservation Plans/Incidental Take Permits. Click here to read the entire new Statewide Radius Change for Sand Skink Incidental Take Permits from 188 ft to 80 ft. Need more
At MBG, our mission is to streamline the mitigation requirement process. We are so excited to announce that we have added Reedy Creek and Hammock Lake Mitigation Banks to our portfolio of Mitigation Banks we represent.
The St. Johns River Water Management District appears poised to receive $400 million to spend on land for a massive new reservoir and stormwater treatment area (STA)
Costly proposal for giant new reservoir, stormwater treatment area draws concern
Water advocates are concerned about the $400 million allocation for a proposed reservoir and stormwater treatment area...
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Florida Files Motion with the D.C. Circuit Court of Appeals to Revive the State 404 Program; by Michelle Diffenderfer and Katherine L. Hupp, Lewis, Longman & Walker PA
On April 23rd, Federal District Court Judge Moss denied Florida’s Motion for a Full Stay of the Judge’s
Update on the status of Florida’s State 404 Program:
The U.S. District Court for the District of Columbia (D.C.) has entered a partial final judgment, allowing the state to appeal the decision that divested the Florida Department of Environmental Protection (DEP) of its
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