40th Environmental Permitting Summer School

Florida's rich and diverse mineral resources offer significant opportunities for economic development, energy production, and multifaceted land use and development, but also pose complex challenges for proprietary property rights, environmental protection, property and royalty ownership, and public participation. This panel will explore the legal and operational aspects of identifying and securing real property rights for mineral owners, complying with regulatory requirements for near-surface non-mineral resources, as well as heavy minerals, mining, oil and gas development, and addressing surface and land use issues. Additionally, the panel will address how mineral rights and activities impact non-mineral development and create permitting and real property title issues. The panel will also examine the roles and responsibilities of local, state, and federal regulators, as well as the interests and concerns of landowners, operators, developers, citizens, and stakeholders. This course is designed for anyone involved or interested in the mineral exploration and development industries in Florida, whether as a mineral owner, a mining or oil and gas operator, a developer, a policymaker, a government official, or a member of the public.

This course will cover the latest court decisions and legislative actions affecting private property rights in Florida, takings jurisprudence, the Bert J. Harris, Jr. Private Property Rights Protection Act, and other government actions that affect private property. Hot topics this year include the SCOTUS decision in Pung v. Isabella County, MI.

The Division of Waste Management touches many areas, ranging from Brownfields and emerging contaminants to solid and hazardous waste regulation. It also formulates policy and coordinates with the six regulatory Districts on enforcement and compliance assistance. This is a class to introduce a wide audience to one of the largest operations units of FDEP. You will learn what are the Division’s several programs and how they are implemented throughout the State and relate to ensuring that as Florida grows, the Division keeps pace with its mission. Has compliance assistance paid dividends on RCRA, USTs, solid waste, and other programs’ compliance? What are the most common violations on several programs? What do their data and 2024 dashboards show, particularly in the Petroleum Restoration Program? Where does FDEP see the PRP evolving to now that the last batch of sites will be assessed in the next few years? How can most RCRA, UST, and solid waste violations be avoided? As several cleanup programs mature, what will be emerging contaminants that all stakeholders will have to be prepared for (hint… like to start developing a PFAS groundwater primary standard in 2025. How are the Division and industry reacting to these? How does the Division relate to other Divisions? Our panel will consist of past and present state regulatory leaders, private corporate leaders, consultants, and attorneys who will give their impressions and encourage audience participation.

Environmental enforcement in Florida continues to evolve, with regulatory agencies placing increasing emphasis on accountability over compliance assistance. This policy shift is especially evident in the regulation of solid and hazardous waste, soils, and water quality—and it has intensified the scrutiny on both permitted activities and private property transactions. As enforcement tightens, new technologies are entering the market to help regulated entities manage liability, reduce costs, and comply with stricter standards. This course explores recent legal and technical developments affecting pollution liability, including case studies and real-world implications for property owners, facility operators, and transactional stakeholders. New this year is a presentation from Sedron Technologies on their advanced biosolids processing system now under construction in Martin County. The system offers a sustainable, chemical-free method to transform wastewater biosolids into Class A fertilizer and recover clean water, with added benefits such as PFAS destruction and reduced greenhouse gas emissions. Course attendees are encouraged to engage in interactive discussion with environmental attorneys, technical experts, and innovators addressing today’s most pressing pollution liability challenges.