Our Blog

Governor Scott signed HB 7043 into Law

Mar29

On March 23, 2018; Governor Scott signed HB 7043 (404 assumption) into law. Below is the Governor’s letter as it sets forth a brief but important explanation of the purpose of the bill. Synopsis: This new bill will “eliminate duplicity in permitting while upholding and improving our stringent environmental protection standards.” HB 7043, “simply begins a public evaluation to identify ways we can continue to protect our environment”. The most rewarding part of this letter is the last sentence. “the Department of

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Determination of Navigable Waters

Mar28

Pursuant to Section 404(g) of the CWA, the Florida Department of Environmental Protection (DEP) is pursuing approval from the United States Environmental Protection Agency (EPA) to assume the Section 404 Program and administer its own individual and general permit program.  State assumption of the Section 404 Program would be limited to certain waters and does not include navigable waters of the United States.  The navigability studies will also assist with determining the waters that would be retained by the Corps

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Part 4: Waters Of The United States – Writing The New Rule

Mar13

The Trump administration wants to “repeal and replace” a rule for defining which waterways are and are not protected by the Clean Water Act, and environmentalists say Trump’s proposal would leave 80 percent of all US waters unprotected. In this fourth installment of a five-part series, we see how the EPA and Army Corps of Engineers forged the current rule over four arduous years. Author: Steve Zwick Click here to

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Part 3: Waters Of The United States – The Rapanos

Mar10

Author: Steve Zwick 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

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Section 404 of the Clean Water Act (CWA): Proposed Changes to Florida Wetlands

Jan19

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

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The Mitigation Banking Group, Guest Speaker for METRA January Meeting

Jan05

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

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Mitigation Bank Rulemaking

Dec28

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

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United States Fish and Wildlife Services (USFWS) Sand Skink Update

Nov22

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

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