Kerri Barsh

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Today is World Oceans Day – Here Are Five Things Business Owners Need to Know About Sea Level Rise

With today being World Oceans Day, the future of our oceans and the effects of sea level rise are on our mind. Greenberg Traurig’s Kerri L. Barsh, co-chair of the Environmental Practice, recently published an article in South Florida Legal Guide Monthly titled “Five Things That Business Owners Need to Know About Sea Level Rise.” … Continue Reading

New Risk Based Corrective Action Guidance for Miami-Dade Sites

Securing risk-based closure of a contaminated site in Miami-Dade County, known as a “No Further Action with Conditions (NFAC),” typically requires the imposition of institutional controls in the form of a covenant running with the land, accompanied by an opinion of title (See Section 24-44 (2)(k)(ii) of Chapter 24, Code of Miami-Dade County, Fla.). Recently, … Continue Reading

Lessons of Hurricane Irma — State of Florida Focus on Hurricane Preparedness and Infrastructure

In response to the widespread impacts of Hurricane Irma in Florida (all coastlines and virtually every community), Speaker Corcoran of the Florida House of Representatives has created a new Committee on Hurricane Response and Preparedness. Speaker Pro Tempore Jeanette Nunez of Miami will chair the 16-member bipartisan Select Committee whose focus will be to gather … Continue Reading

Hurricanes Harvey & Irma: Controlling Water, Mold, Bacterial Fallout

Six Tips on Managing Water Damage, Mold Growth, and Bacterial Threats As Florida, Georgia, South Carolina, Texas, and other impacted areas begin the journey to recovery after Hurricanes Harvey and Irma, property owners are faced with the challenge of addressing water damage, preventing or remediating mold growth, and heading off bacterial threats from potentially contaminated … Continue Reading

Supreme Court Allows Immediate Challenges to Army Corps’ Clean Water Act Determinations

On May 31, 2016, in a unanimous ruling, the United States Supreme Court held that the Army Corps’ determination as to whether “protected waters,” subject to Clean Water Act regulations, are present on a property is subject to judicial review. See United States Army Corps of Engineers v. Hawkes Co., Inc. No. 15-290 (U.S. May … Continue Reading

Public Comment Deadline Nears on Florida’s Imperiled Species Management Plan in Contemplation of April 2016 Vote

The Florida Fish & Wildlife Conservation Commission (Florida FWC) is taking comment until January 20, 2016, on changes proposed by the agency on its approach to endangered and threatened species management in Florida.  Specifically,  the FWC is proposing an Imperiled Species Management Plan (ISMP) that, “[f]or the first time,”  provides published conservation objectives and the … Continue Reading

Sixth Circuit Court of Appeals Temporarily Stays Implementation of the Clean Water Rule

In the latest chapter of the ongoing Clean Water Rule saga, the Sixth Circuit Court of Appeals today stayed implementation of that rule.  Jointly promulgated by USEPA and the Army Corps of Engineers on June 29, 2015 (80 Fed. Reg. 37,054), the Clean Water Rule went into effect on August 25, 2015.  The rule substantially … Continue Reading

Clean Water Rule: Confusion Rains Down

The Clean Water Rule, recently promulgated by the United States Environmental Protection Agency (USEPA) and the United States Army Corps of Engineers (Corps), continues to generate controversy, confusion and regulatory uncertainty.  Following decades of rulemakings and legal challenges over the scope of the Clean Water Act’s (CWA) jurisdiction, the Clean Water Rule is the most … Continue Reading

Clean Water Act Jurisdiction under the Newly Issued Clean Water Rule

More than 40 years after Congress passed the landmark Clean Water Act, the jurisdictional reach of that statute remains a contentious legal and political issue. By prohibiting the discharge of pollutants to “navigable waters” without a permit, the Act expressly limits its protections to “navigable waters.” The statute defines “navigable waters” as “waters of the … Continue Reading

New Florida Statute Codifies U.S. Supreme Court Ruling in Koontz and Provides Relief Against ‘Extortionate’ Exactions

We wrote here previously about the U.S. Supreme Court ruling in the “takings” case of Koontz v. St. Johns River Water Management District in 2013, which was an appeal by a property owner from an adverse ruling of the Florida Supreme Court with respect to permit conditions requiring off-site mitigation work.    The U.S. Supreme … Continue Reading

Testing the Waters

In 2005, Hurricane Wilma destroyed a pair of dilapidated marinas in North Bay Village where Fane Lozman, a former Marine pilot and software developer, kept a two-story floating home.  Kerri L. Barsh successfully represented Mr. Lozman in a landmark admiralty jurisdiction case before the U.S. Supreme Court. The Fane Lozman v. City of Riviera Beach, … Continue Reading

Anti-Fracking Resolution by Miami-Dade County

In the last six weeks we’ve provided analysis of the fracking bans in New York and Denton, Texas. Further on the anti- fracking front,  the Miami-Dade County Commission passed a resolution last week urging the Florida Legislature to adopt Senate Bill 166 (filed by Sen. Soto and Sen. Bullard) or similar legislation that would prohibit … Continue Reading

The Debate Over Florida’s First Commercial Waste-to-Energy Incinerator in 2 Decades

Palm Beach County will soon commence operations of the nation’s first commercial waste-to-energy trash incinerator in 20 years.  The $670 million incinerator, located immediately north of the Solid Waste Authority’s existing facility on Jog Road, will combust approximately 3,000 tons of material per day.  The source of fuel will be tires, wood, automobile remnants, and residential … Continue Reading

Miami-Dade County Moves Forward with Comprehensive Climate Change Planning Initiatives

I have written previously here about Miami-Dade County’s recent climate change initiatives,  which included adoption of requirements in 2014 that all county infrastructure projects consider the potential impact of sea level rise during all project phases and that existing infrastructure be evaluated in the face of sea level rise. Yesterday, the Miami-Dade County Commission moved … Continue Reading

Dutch Solution to Miami’s Rising Seas? Floating Islands

Those following climate change adaptation may be interested in an article that appeared on Sunday, August 24, 2014, in the Miami Herald describing a project for floating villas near Miami.  The specific project is, of course, specific to the location and market.  However, the general observation is that technology to address sea level rise has … Continue Reading

Miami-Dade County Extends Period for Public Comment Regarding Proposed Amendments to the Wellfield Protection Ordinance

As we previously reported, on May 24, 2014, Miami-Dade County opened a period for receipt of public comments regarding its proposal to amend the County’s Potable Water Supply Wellfield Protection Ordinance and associated maps for the Northwest Wellfield and the West Interim Wellfield protection areas. The County has extended the comment period. The new deadline for … Continue Reading

New 2-Year Statutory Extension for Certain Florida Environmental & Development Permits

By the adoption of CS/HB 7023, (Click Here for a copy of the pertinent section of Bill),  the Florida Legislature has again authorized a new 2-year extension of permits issued by the Florida Department of Environmental Protection and water management districts and building permits,  including local government-issued development orders or certificates of level of service. The … Continue Reading

Standard of Proof for Civil Penalties in Florida is “Preponderance” not “Clear and Convincing”

On May 22, 2014, the Supreme Court of Florida reversed the Fifth District Court of Appeals in the case of South Florida Water Management District v. RLI Live Oak, LLC, No. SC 12-2336 (Fla. May 22, 2014), an appeal brought by the water management district over the applicable burden of proof when imposing civil penalties. … Continue Reading

Miami-Dade County, Florida, Proposes Comprehensive Changes To Potable Water Supply Ordinance

On May 24, 2014, Miami-Dade County announced its proposal to amend its Potable Water Supply Wellfield Protection Ordinance and associated maps for the Northwest Wellfield and the West Interim Wellfield protection areas. The County’s announcement was preceded by a May 19, 2014, technical workshop on the proposed changes, with presentations by U.S. Geological Survey (U.S.G.S.) and the … Continue Reading

“Policy-Setting” Resolution Requires County Infrastructure Projects to Consider Potential Impacts of Sea Level Rise and Storm Surge During All Project Phases

On May 6, 2014, the Miami-Dade County Board of County Commissioners passed a Resolution (Click Here) requiring that all County infrastructure projects “shall consider” the potential Impacts of sea level rise and storm surge during all project phases (including planning, design, and construction) to ensure that these projects will function properly for fifty years or … Continue Reading

NCA Final Draft Under Consideration

Today (May 6, 2014), a 60-person federal advisory committee (the “National Climate Assessment and Development Advisory Committee”) will consider the final draft of the Third National Climate Assessment (NCA).  If the report is approved as expected today, the NCADAC  will submit the Assessment to the federal government for use in establishing ”federal science priorities” and … Continue Reading
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