Howard E. Nelson

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FDEP Issues Order to Restore Structural Damage Post Hurricane

Property Owners and Public and Private Entities: On September 5, 2017, the Florida Department of Environmental Protection (“FDEP”) issued Emergency Final Order OGC. No. 17-0989 (the “Order”) in response to the anticipated widespread devastation across Florida caused by Hurricane Irma. In order to respond to the imminent or immediate danger to the public health, safety, and … Continue Reading

New Phase I ESA Standard to be Issued in November

New Standard Will Help Clarify Environmental and Historical Site Conditions For South Florida Developers A new standard for performing Phase I Environmental Site Assessments (ESA) is expected to be released in November 2013 by ASTM, a standards development organization.  Phase I ESAs are the backbone of environmental due diligence for commercial real estate, including multi-family homes.  The … Continue Reading

Alternative Water Supply Needed in South Florida

As groundwater all but disappears in South Florida and the region continues to grow, creating alternative water systems is an urgent issue. A recent Department of Economic Opportunity report calls for a strategy to ensure future adequate water supplies without stunting continued development and construction, but many of the large scale solutions require alternative and … Continue Reading

Developer Participation Required for Smart Development

In a recent opinion editorial in the Tampa Bay Times, I discuss the need for government and developers to work together to advance the region’s environmental solutions without curbing growth. The Florida Department of Economic Opportunity’s 2012 annual economic growth report raises the idea of strategic cooperation between government, environmentalists and developers, but fails to provide … Continue Reading

Hardening Buildings and Infrastructure to Mitigate Business Risks of Sea Level Rise

In low-lying Miami, discussions about sea level rise go well beyond the hypothetical. For property developers, building owners, government agencies, and insurance companies, developing strategies to mitigate the risks of sea level rise is a high-priority action item. At a recent Urban Land Institute (ULI) event hosted by Bilzin Sumberg, entitled “Can SE Florida Stay Afloat … Continue Reading

How Far Can Government Go When it Comes to Permit Conditions?

The United States Supreme Court recently agreed to hear a case brought by a property owner who challenged permit conditions imposed by the St. Johns River Water Management District for permits to develop a portion of the property. The property owner, Coy A. Koontz, applied for permits to develop 3.7 acres of a 14.2-acre parcel … Continue Reading

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