Obtaining Environmental Permits

What does obtaining environmental permits entail? 

Obtaining environmental permits in Florida involves guiding individuals and businesses through the complex process of securing the necessary approvals to comply with environmental laws and regulations. As part of this process, environmental law experts help draft permit applications, ensuring all requirements are met, and all pertinent information is provided. Additionally, these experts navigate the legal intricacies surrounding public comment periods, preparing requests for public input and responding to any concerns stakeholders raise.

One example of assistance with obtaining environmental permits in Florida is helping a developer secure a permit under the Clean Water Act (CWA), which is administered by the Florida Department of Environmental Protection (FDEP) and the U.S. Environmental Protection Agency (EPA). In this instance, legal experts would help the developer draft the necessary permit application, considering federal and state requirements, such as the Florida Administrative Code and Florida Statutes.

Another example is aiding a company in obtaining an air pollution permit under the Clean Air Act (CAA), regulated by the FDEP’s Division of Air Resource Management. Legal experts would ensure that the company’s permit application demonstrates compliance with the CAA and state regulations and addresses any concerns that may arise during the public comment period.

Need help obtaining environmental permits? Schedule your consultation today with a top environmental law attorney.

In Florida, which laws and regulations apply to obtaining environmental permits?

Several state and federal laws and regulations govern environmental permitting processes in Florida. Key federal statutes include the Clean Water Act (33 U.S.C. §1251 et seq.) and the Clean Air Act (42 U.S.C. §7401 et seq.), which set forth the standards for water and air pollution permits, respectively. These federal laws are implemented and enforced by the EPA and the FDEP.

At the state level, the Florida Department of Environmental Protection (FDEP) oversees the state’s environmental regulatory framework, which includes the Florida Statutes Chapters 373 (Water Resources), 376 (Pollutant Discharge Prevention and Removal), and 403 (Environmental Control). These chapters outline the state’s environmental control policies, including permitting, compliance, and enforcement requirements for obtaining permits.

Additionally, the Florida Administrative Code contains rules and regulations that govern various aspects of environmental permitting, such as water resource management (Chapters 62-330 and 62-331), air pollution control (Chapter 62-210), and waste management (Chapter 62-701).

What are the strategic benefits of obtaining environmental permits?

The strategic benefits of obtaining expert assistance with environmental permitting include the following:

• Streamlined processes: Expert guidance simplifies and expedites the permitting process, allowing businesses and developers to save time and resources.
• Reduced legal risks: Engaging experts in environmental law reduces the risk of non-compliance, costly fines, and potential litigation.
• Improved public relations: Proactively addressing public concerns during the comment period fosters goodwill and reduces stakeholder opposition.
• Increased likelihood of approval: A well-prepared permit application that adheres to legal requirements enhances the chances of obtaining consent from regulatory agencies.
• Strategic project planning: Early engagement with environmental experts allows for better integrating of environmental considerations into project planning and decision-making.

When a set of facts is appropriate for legal intervention, there are many paths a claimant may take. We are value-based attorneys at Jimerson Birr, which means we look at each action with our clients from the point of view of costs and benefits while reducing liability. Then, based on our client’s objectives, we chart a path to seek appropriate remedies.

To determine whether your unique situation may necessitate litigation, please contact our office to set up your initial consultation.

How can real estate developers and businesses obtain environmental permits effectively?

Based on the circumstances, the following measures may be impactful:

• Engage environmental law experts early: Involve legal experts in planning to ensure project designs comply with environmental regulations and minimize potential environmental impacts.
• Conduct thorough environmental assessments: Perform comprehensive ecological assessments to identify potential issues and develop strategies to mitigate adverse environmental effects.
• Collaborate with stakeholders: Establish relationships with regulators, community groups, and other stakeholders to address concerns and foster support for the project.
• Develop a robust public comment strategy: Prepare a strategy for addressing public comments that includes transparent communication, timely responses, and proactive engagement with the community.
• Stay informed and adaptive: Continuously monitor changes in environmental regulations and industry best practices to ensure ongoing compliance and adapt project plans as needed.

Please contact our office to set up your initial consultation to see what actions or defenses may be available for your unique situation.

Frequently Asked Questions

1. What are the common types of environmental permits required in Florida?

Various types of environmental permits are required in Florida, depending on the nature of the project. Some standard permits include:

• Water discharge permits under the National Pollutant Discharge Elimination System (NPDES)
• Air emission permits for stationary sources, such as factories and power plants
• Wetland resource permits for projects impacting wetlands
• Coastal construction permits for development along the coastline

2. How long does obtaining an environmental permit in Florida take?

The time it takes to obtain an environmental permit in Florida varies depending on the type of permit, the project’s complexity, and the application’s completeness. Generally, the permitting process may take a few weeks to several months. Engaging experienced professionals to assist with permit applications can expedite the process by ensuring that all necessary information and documentation is provided to the regulatory agencies.

3. Can a denied environmental permit application be appealed in Florida?

Yes, if an environmental permit application is denied, the applicant has the right to challenge the decision by filing an appeal. In Florida, the appeal process typically involves an administrative hearing before an Administrative Law Judge. Therefore, consulting with an environmental law expert is crucial to navigating the appeal process and improving the chances of a successful outcome.

Have more questions about an environmental law-related situation?

Crucially, this overview of obtaining environmental permits begins to cover only some of the laws implicated by this issue or the factors that may compel the application of such laws. Every case is unique, and the laws can produce different outcomes depending on the individual circumstances.

Jimerson Birr attorneys guide our clients to help make informed decisions while ensuring their rights are respected and protected. Our lawyers are highly trained and experienced in the nuances of the law, so they can accurately interpret statutes and case law and holistically prepare individuals or companies for their legal endeavors. Through this intense personal investment and advocacy, our lawyers will help resolve the issue’s complicated legal problems efficiently and effectively.

Having a Jimerson Birr attorney on your side means securing a team of seasoned, multi-dimensional, cross-functional legal professionals. Whether it is a transaction, an operational issue, a regulatory challenge, or a contested legal predicament that may require court intervention, we remain tireless advocates at every step. Being a value-added law firm means putting the client at the forefront of everything we do. We use our experience to help our clients navigate even the most complex problems and come out the other side triumphant.

If you want to understand your case, the merits of your claim or defense, potential monetary awards, or the amount of exposure you face, you should speak with a qualified Jimerson Birr lawyer. Our experienced team of attorneys is here to help. Call Jimerson Birr at (904) 389-0050 or use the contact form to schedule a consultation.