The Firm represents clients across Florida in the full spectrum of environmental permitting, compliance, and enforcement matters before local, state, and federal regulatory agencies. Our practice is built on decades of experience navigating Florida’s uniquely complex environmental regulatory framework—one that layers county environmental codes such as Chapter 24 of the Miami-Dade County Code and Chapter 27 of the Broward County Code on top of the state programs administered by the Florida Department of Environmental Protection (FDEP) under Chapters 373, 376, and 403, Florida Statutes, and the federal programs administered by the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (USACE). That framework spans wetlands and coastal regulation, water and wastewater, waste management, hazardous materials and storage tank controls, air permitting, stormwater and surface water, contaminated sites, climate resilience, and public health safeguards. Whether counseling Fortune 500 companies, local governments, developers, maritime operations, institutional property owners, health providers, or agricultural interests, our attorneys deliver precise, strategic, and practical solutions that minimize risk, avoid delays, and support sustainable, compliant operations.

Environmental Permitting

Florida’s permitting landscape is governed by an interconnected set of federal, state, regional, and local requirements. The Firm routinely assists clients in obtaining, modifying, renewing, and transferring permits, licenses, and authorizations issued by FDEP and its district offices; Florida’s five Water Management Districts, including the South Florida Water Management District (SFWMD); USACE; EPA; the Florida Fish and Wildlife Conservation Commission (FWC); the Florida Department of Health (DOH); the Board of Trustees of the Internal Improvement Trust Fund; county environmental agencies, including the Miami-Dade County Department of Environmental Resources Management (DERM), the Environmental Permitting Division of the Broward County Public Works and Environmental Services Department (Broward EPD), the Palm Beach County Department of Environmental Resources Management (ERM), and the Environmental Protection Commission of Hillsborough County (EPC); and municipal environmental, building, and zoning authorities throughout Florida.

Our permitting work covers:

  • Environmental Resource Permits (ERPs) for stormwater management, surface water alterations, dredge and fill activities, and wetland impacts, together with wetland jurisdictional determinations, mitigation plans, mitigation banking agreements, and federal Clean Water Act Section 404 and Rivers and Harbors Act Section 10 authorizations;
  • Sovereign submerged lands leases, easements, and consents of use for docks, marinas, seawalls, and other waterfront structures, including lease renewals and modifications negotiated with FDEP on behalf of the Board of Trustees;
  • Clean Water Act NPDES permits for industrial discharges, municipal separate storm sewer systems (MS4s), and construction stormwater, together with domestic and industrial wastewater permits, sewer extension and collection system permits under Chapter 62-604, Florida Administrative Code, and the county water, sewer, and industrial waste approvals that accompany them;
  • Clean Air Act air construction and air operation permits, including Title V permitting and synthetic minor permit strategies to avoid major-source thresholds, as well as the county air permits administered by DERM and Broward EPD under their FDEP delegations;
  • Solid and hazardous waste facility permits, including transfer stations, resource recovery and management facilities (RRMFs), recycling facilities, and industrial waste operations;
  • County environmental permits and licenses, including Miami-Dade DERM Class I through Class VI permits under Chapter 24 for work in tidal waters, coastal and freshwater wetlands, and other environmentally sensitive areas; DERM operating permits; DERM’s environmental review of Certificate of Use and building permit applications; Broward EPD licenses for hazardous materials, storage tanks, wellfield protection, and non-domestic wastewater; and tree removal and mangrove alteration permits; and
  • Contaminated media management plans and soil and groundwater handling approvals for redevelopment projects and brownfield sites.

Our attorneys work closely with environmental consultants, engineers, planners, and scientists to coordinate the technical and legal issues that influence permit applications. We anticipate agency concerns, negotiate special conditions, respond to requests for additional information, and ensure that applications are defensible, complete, and aligned with long-term operational and development goals.

Environmental Compliance Counseling

Businesses, governmental entities, and property owners operating in Florida must continually navigate evolving environmental regulations and enforcement trends—often across three layers of government at once. FDEP has delegated many of its programs to DERM, Broward EPD, Palm Beach County ERM, and other county agencies, and each county enforces its own environmental code on top of state and federal law. Our Firm provides ongoing compliance counseling to reduce liability, prevent enforcement actions, and support regulatory certainty in heavily regulated sectors. A substantial portion of that work is conducted in South Florida before FDEP’s Southeast District office and Office of General Counsel, Miami-Dade DERM and the Miami-Dade County Environmental Quality Control Board (EQCB), Broward EPD, and Palm Beach County ERM.

Our compliance practice includes:

  • Regulatory file review and compliance status assessments. We review a facility’s or property’s environmental and operating records together with the online regulatory files maintained by FDEP, DERM, and Broward EPD to evaluate permitting status and compliance and enforcement history, identify unpermitted, lapsed, or inherited operations, and advise on the most efficient and cost-effective path to compliance—taking into account the applicable legal requirements, technical feasibility, project schedule, anticipated costs, enforcement risk, and the client’s ongoing use and operation of the property.
  • Responses to agency correspondence and requests for additional information. We prepare formal responses to FDEP Warning Letters and Compliance Assistance Offers; DERM Field Notices of Violation and Orders for Corrective Action, Pollution Prevention Field Notices, Uniform Civil Violation Notices, and permit application comment letters; Broward County notices of violation and license deficiency letters; and requests for additional information on pending permit and license applications—and we work with agency staff toward a resolution acceptable to both the client and the agency.
  • Consent Orders and Consent Agreements. We negotiate the terms of FDEP Consent Orders, including Short Form Consent Orders, with district staff and the FDEP Office of General Counsel, and DERM Consent Agreements and settlement agreements with DERM and the Miami-Dade County Attorney’s Office. We then help clients achieve timely compliance with the corrective action covenants, status reports, extension requests, and payment and in-kind project obligations those instruments impose, and we respond to notices of violation of consent agreement conditions when schedules slip.
  • EQCB variances, extensions of time, and Board Orders. We prepare and present applications to the Miami-Dade County EQCB for variances from, and extensions of time to comply with, Chapter 24—including wellfield protection area restrictions under Section 24-43, limitations on aboveground storage tanks, after-the-fact wetland permits, and the variance criteria of Section 24-12. We meet with DERM staff and the County Attorney’s Office in advance to shape the conditions of approval, prepare expert and client witnesses, present evidence and testimony at hearing, and advise on compliance with the resulting Board Orders and any covenants or operating permits they require.
  • Operating permits, licenses, and after-the-fact approvals. We assist clients in obtaining and maintaining DERM operating permits for industrial waste, private sanitary sewer systems and pump stations, resource recovery and management facilities, and similar operations; in resolving environmental “rework” remarks issued on Certificate of Use and building permit applications; in securing after-the-fact sewer extension, wetland, and coastal permits; and in obtaining and renewing Broward County hazardous materials, storage tank, wellfield, and non-domestic wastewater licenses.
  • Wellfield protection and hazardous materials management. We counsel facilities located within Miami-Dade and Broward wellfield protection areas on the use, storage, and handling of hazardous materials and regulated substances, including the inventories, Safety Data Sheets, and operational descriptions the agencies require, available exceptions and alternative compliance options, and the operational controls agency staff are likely to seek as conditions of approval.
  • Water, wastewater, and stormwater compliance. We advise on the design, operation, maintenance, monitoring, and upgrade standards applicable to private sanitary sewer systems and pump stations under Chapter 24 and Chapter 62-604, Florida Administrative Code, including grandfathering, equivalency, and alternative compliance arguments for existing facilities; on sewer connections and the transfer of utility service between the Miami-Dade Water and Sewer Department and municipal utilities; and on industrial pretreatment, stormwater pollution prevention plans (SWPPPs), and best management practices (BMPs) for industrial and construction operations.
  • Release reporting and emergency response. We guide clients through the reporting obligations triggered by spills and releases—including releases of anhydrous ammonia and other extremely hazardous substances at cold storage and industrial facilities—prepare the required follow-up release reports, evaluate compliance with the Emergency Planning and Community Right-to-Know Act, Clean Air Act risk management program, and related requirements, and coordinate both the immediate regulatory response and longer-term corrective measures.
  • Tree, mangrove, wetland, and coastal resource compliance. We resolve tree preservation and protection violations, mangrove trimming and alteration issues, debris and fill in halophytic and freshwater wetlands, and dock, seawall, and shoreline matters before DERM, Broward EPD, FDEP, FWC, and the Water Management Districts, including compliance with the terms of sovereign submerged lands leases and Consent Orders with the Board of Trustees.
  • Excavations near contaminated sites in Palm Beach County. We advise developers on compliance with the Palm Beach County Unified Land Development Code’s Article 4 separation criteria governing excavations within 300 feet of a site with known contamination, including the documentation, Notice of Intent to Construct, community meeting, and public repository expectations set out in the ERM and Planning, Zoning and Building interpretation memorandum, and on coordinating site rehabilitation under Chapter 62-780, Florida Administrative Code, with the excavation and drainage approvals a project needs. The Firm participated in the development of that county policy, providing written and in-person comments and suggested language and responding to ERM staff requests for input and review.
  • Solid waste, demolition, and site clearing. We advise on the lawful removal and disposal of structures and debris, including mobile home and demolition waste, asbestos surveys and notifications, and the solid and hazardous waste determinations that accompany site clearing, decommissioning, and redevelopment.
  • Compliance audits, policies, and due diligence. We conduct comprehensive environmental compliance audits and gap analyses; review and draft corporate environmental policies and standard operating procedures; perform environmental due diligence for real estate transactions, corporate acquisitions, and infrastructure development, including the allocation of permitting and compliance obligations between landlords and tenants and between buyers and sellers; and manage ongoing monitoring and reporting obligations across multiple regulatory programs.
  • Protected species, plant export, and CITES compliance. We assist nurseries, growers, and exporters in complying with the Convention on International Trade in Endangered Species (CITES) and U.S. Department of Agriculture requirements for the export of protected plant species, including USDA Protected Plant Permits, phytosanitary and greenhouse-grown certification programs, and U.S. Fish and Wildlife Service CITES Master Files, and we counsel on endangered species and habitat issues under state and federal law.
  • Third-party and citizen complaints. When neighbors, competitors, or advocacy groups allege non-compliance to regulators, we review the record, inspect the client’s operations, analyze the allegations against the governing statutes, rules, and ordinances, prepare written responses, and present the client’s position in meetings with agency staff and, where useful, with members of the public.

In nearly every compliance engagement, we serve as the client’s regulatory liaison to FDEP, DERM, Broward EPD, Palm Beach County ERM, the Water Management Districts, and the municipalities involved. We identify, procure, and manage the licensed environmental, biological, and engineering consultants needed to address the technical side of the matter; review applications, plans, reports, and responses to agency comments for consistency with the agreed regulatory strategy; document corrective actions already completed so that the client’s compliance status is preserved while permitting proceeds; and work to establish a definitive pathway to regulatory compliance and closure.

We help clients understand complex regulatory requirements, implement effective compliance systems, reduce operational risks, avoid violations, and maintain productive relationships with regulators. Our attorneys remain at the forefront of changing laws and agency guidance, ensuring clients benefit from proactive compliance strategies rather than reactive enforcement responses.

Environmental Enforcement Defense

Florida’s environmental regulatory agencies have broad authority to investigate alleged violations, impose penalties, require corrective action and remediation, and suspend or revoke permits. Our Firm defends clients in enforcement actions brought by FDEP and its Office of General Counsel; EPA Region 4; the U.S. Department of Justice, Environment and Natural Resources Division; county environmental agencies, including Miami-Dade DERM, Broward EPD, Palm Beach County ERM, and Hillsborough County EPC, and the county attorneys who litigate on their behalf; the Water Management Districts; USACE; FWC; the Board of Trustees of the Internal Improvement Trust Fund; and local governments enforcing environmental and land development codes.

Enforcement in Florida follows recognizable paths, and early, informed engagement at each step shapes the outcome. At FDEP, matters typically progress from a Compliance Assistance Offer or Warning Letter to a proposed Consent Order issued through the district office and the Office of General Counsel and, if unresolved, to a Notice of Violation, administrative proceedings under Chapter 120, Florida Statutes, before the Division of Administrative Hearings, or judicial enforcement in circuit court. In Miami-Dade County, DERM proceeds through Field Notices of Violation and Orders for Corrective Action, Uniform Civil Violation Notices, Consent Agreements, and settlement agreements, with variances, extensions of time, and appeals of the Director’s decisions heard by the EQCB and, when a settlement is alleged to have been breached, enforcement in the Eleventh Judicial Circuit. In Broward County, EPD enforces Chapter 27 and its license conditions through notices of violation, negotiated consent agreements, and civil penalties. We know each of these processes, the staff and counsel who administer them, and the points at which a matter can be resolved on favorable terms.

We represent clients facing allegations of unauthorized wetland, mangrove, and tree impacts; stormwater violations; industrial discharge exceedances; unpermitted or improperly operated sanitary sewer systems and pump stations; air emission exceedances, including asbestos violations during demolition; improper solid or hazardous waste management; unlicensed hazardous materials storage and storage tank violations, including within wellfield protection areas; failure to perform monitoring or reporting; contaminant releases and spills; operating without required permits, licenses, or Certificates of Use; coastal construction and sovereign submerged lands violations; endangered species impacts or habitat disturbance; and failure to comply with the conditions of existing Consent Orders, Consent Agreements, settlement agreements, and EQCB Board Orders. Our enforcement defense work accordingly spans Warning Letters and Notices of Violation; Consent Orders, Consent Agreements, and negotiated compliance agreements; penalty negotiations and mitigation strategies, including in-kind projects; compliance schedule development and extension requests; EQCB hearings and appeals; administrative hearings before the Division of Administrative Hearings and local hearing officers; defense of petitions for enforcement and motions to enforce settlement agreements in circuit court; civil enforcement litigation; and defense of permit challenge litigation.

We prioritize early engagement and strategic communication to resolve enforcement matters efficiently, protect our clients from unnecessary penalties, and avoid prolonged regulatory disputes. When litigation becomes necessary, our attorneys are experienced in defending complex environmental enforcement cases in administrative, state, and federal forums.

Integrated Permitting, Compliance, and Enforcement Strategy

Because permitting, compliance, and enforcement are interrelated, our Firm approaches each project holistically. We strive to ensure that permits are drafted with clear, achievable conditions; compliance systems align with permit obligations; operational procedures minimize enforcement risk; agency relationships are proactively managed; disputes are resolved quickly to maintain project momentum; and long-range business goals are integrated into environmental strategies. Clients rely on us not only for our legal acumen, but also for our ability to collaborate seamlessly with environmental engineers, scientists, planners, and regulators to deliver durable, cost-effective, and defensible outcomes.

Representative Compliance Engagements

Recent compliance engagements handled by the Firm include:

  • Negotiating revisions to a proposed FDEP Consent Order issued by the Southeast District following a Warning Letter at an industrial facility, interviewing FDEP officials on the basis for the alleged violations, and managing the consultants retained to satisfy the Order’s technical covenants.
  • Representing an automotive recycling facility in resolving an FDEP Office of General Counsel enforcement case through a negotiated Consent Order addressing hazardous waste determinations, settlement payment, and stormwater controls, while bringing the facility’s day-to-day operations into compliance with DERM requirements.
  • Pursuing an EQCB variance to authorize additional aboveground storage tanks beyond those permitted under an existing EQCB Board Order at an industrial facility, including resolution of a related Pollution Prevention Field Notice.
  • Representing an aviation maintenance, repair, and overhaul operator before DERM and the EQCB on a variance from, and extension of time to comply with, the wellfield protection restrictions of Section 24-43(5) of the Miami-Dade County Code in order to clear DERM’s disapproval remarks on the operator’s Certificate of Use applications.
  • Pursuing an after-the-fact wetlands permit for a coastal property through a variance application to the EQCB arising out of a DERM Class I permit application.
  • Guiding a multifamily property through an after-the-fact Sewer Extension permit, compliance with a Private Sanitary Sewer Operating permit for its pump station, and the related DERM enforcement extensions, including analysis of the grandfathering and alternative compliance options available for the existing system under Chapter 24 and Chapter 62-604, F.A.C.
  • Serving as regulatory liaison to DERM for a resource recovery and management facility on its operating permit application while resolving a Notice of Violation of the conditions of the facility’s Consent Agreement with the County.
  • Responding to DERM Tree Preservation and Protection Field Notices of Violation and Orders for Corrective Action, and DERM Class I permit comments concerning debris within halophytic wetlands, with the assistance of licensed biological consultants.
  • Advising a cold storage operator on the reporting, follow-up release report, and regulatory compliance obligations arising from an anhydrous ammonia release.
  • Defending a waterfront property owner against a Petition for Enforcement brought by the Board of Trustees, FDEP, and SFWMD concerning a docking structure and sovereign submerged lands lease, while pursuing an ERP modification and compliance with a multiply-modified Consent Order so that the owner could retain the structure and renew the lease.
  • Defending a motion to enforce a settlement agreement with Miami-Dade County in circuit court by bringing a property into compliance with the terms of the underlying DERM Consent Agreement.
  • Establishing U.S. Fish and Wildlife Service CITES Master Files and USDA Protected Plant Permits for a nursery exporting CITES-listed palms to Canada.
  • Counseling a property owner on the permitting status of a tenant’s laboratory operations and on the owner’s rights and obligations under the lease and prior sale documents, and serving as liaison to DERM, FDEP, and the city to bring the operations into compliance.
  • Representing a residential owner before a coastal municipality, DERM, FDEP, FWC, and SFWMD in a dispute over the placement of a water quality aerator adjacent to the owner’s property and the permitting of a dock extension.
  • Advising developers on compliance with Palm Beach County’s Article 4 criteria for excavations within 300 feet of a contaminated site, and participating in the development of the county’s interpretation memorandum on that standard through written and in-person comments, suggested language, and responses to ERM staff requests for input and review.
  • Responding on behalf of a business to third-party allegations of regulatory non-compliance forwarded to multiple agencies, including a site inspection, written responses, and meetings with agency staff and members of the public.

Trusted by Florida’s Leading Public and Private Stakeholders

Our attorneys represent a broad cross-section of Florida’s economy and public sector, including real estate developers and homebuilders; industrial facilities, manufacturers, and utilities; healthcare institutions, laboratories, and educational organizations; municipalities and counties; retail, logistics, cold storage, and distribution centers; automotive, recycling, and resource recovery operations; aviation, marine, port, and waterfront operations; multifamily and mobile home communities; nurseries, agricultural enterprises, and food producers; and renewable energy and infrastructure developers. This experience provides a deep understanding of the regulatory challenges faced across industries—and the practical, business-oriented solutions required to overcome them. With deep technical knowledge and decades of experience across industries, our Firm delivers integrated permitting, compliance, and enforcement strategies that reduce liability, avoid delays, and enable clients to operate and grow confidently in Florida’s highly regulated environment.

 

Natural Resources and Conservation Environmental Litigation and Cost Recovery