May 24, 2012

Judge Hands Everglades Permitting to EPA

Greenberg Traurig
Caleb J. Holmes
Greenberg Traurig, LLP
Thursday, May 5, 2011
Administrative & Regulatory / Environmental, Energy & Resources
All Federal / Florida / 11th Circuit (incl. bankruptcy)
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Last week, U.S. District Judge Alan S. Gold announced his intention to strip the Florida Dept. of Environmental Protection (FDEP) of its authority to issue permits under the Clean Water Act and return that power to the U.S. EPA. See Miccosukee Tribe v. USA et al., No. 1:04-cv-21448 (S.D. Fl. Apr. 26, 2011).  In response, the FDEP stated that the judge is "essentially federalizing Florida's Everglades restoration permitting process."  The opinion clarifed his April 2010 opinion, in which he said the U.S. EPA, FDEP and the South Florida Water Management District had failed to enforce the Clean Water Act.

©2012 Greenberg Traurig, LLP. All rights reserved.

About the Author

Caleb J. Holmes
Associate

Caleb J. Holmes is an associate in Greenberg Traurig's Litigation and Environmental Groups.

holmesc@gtlaw.com
215.988.7877
www.gtlaw.com

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