May / June 2024

Florida's Environmental News Source of Record focused on news content of interest to the environmental community.

2017 forecast:

Steakhouses beef up menus with new twists on American classics

Rockville, MD - When it comes to American cuisine, there are few things more iconic than steakhouses. The slabs of marbled meat, the sizzling grills, the oozing butter, and the dripping bravado, maybe even a cowboy hat or two for ambiance—it's enough to make even fictional steakophile Ron Swanson misty-eyed.

By LISA SHIPLEY

Tit won unanimous support from the state legislature as well as Gov. Ron DeSantis. Its passage was a rare instance of biparti sanship amidst growing political divides across the nation.

“I thank the legislature for their support of this landmark legislation that will conserve critical natural ecosystems and working landscapes for the protection of Florida’s unique and diverse wildlife while preserving Florida’s green spaces for

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Yet for all the traditional steak dinners ordered daily, there are restaurants nationwide pushing the concept of the all-American steakhouse to new culinary heights, according to market research firm Packaged Facts in the brand new report 2017 Forecast: Culinary Trend Tracking Series.

"The steakhouse is back and will capture our attention in 2017. Not that the classic restaurant style ever disappeared, but a renewal of the model is taking place in response to new sources of beef and new flavorful expressions of the concept that get chefs and diners excited," says David Sprinkle, research director, Packaged Facts.

Today's steakhouse menus increasingly feature grass-fed cattle, locally raised animals, heritage varieties, meat butchered and dry aged in-house, and dishes that stem from the whole animal, not just the premium cuts. And that's just the meat. Creative side dishes in lieu of old standards, global and seasonal flavors, and a wider menu selection also distinguish these new school operations.

Chefs and consumers both want their meat to taste delicious and to feel good about its’ consumption, too. This new breed of steakhouse broadcasts its mission to support local ranchers, factor in sustainability and animal welfare, and create a dining experience that showcases culinary flair, not just a grill master's skill at cooking steak to the requested doneness. These operations are also designed to be more inclusive, more of a great place for all kinds of people to dine well, not just traditionminded men on expense accounts. As a result, the modern steakhouse is increasingly similar to other modern restaurants with a focus on distinctive

and sustainable sourcing, local and seasonal produce, and global flavors and forms, all done within the steakhouse format showcasing cuts of meat as entrées with a choice of sides. Moreover, new menu categories (such as flatbreads) and service elements freshen the concept.

About the Report

2017 Forecast: Culinary Trend Tracking Series offers an outlook on the culinary trends—the foods, dishes, ingredients and flavors—that Packaged Facts expects to grow in popularity in 2017.

Jacksonville, FL - After much anticipation and excitement, Jollibee, the largest Asian restaurant company, is now open in Jacksonville. This is the 36th store in the US, as well as

been the talk of the town since 2016. With the opening, Floridians will get to try Jollibee's signature menu items such as the world famous Chickenjoy. This dish is delicately breaded to be crispylicious on the outside and juicylicious inside. The well-loved Jolly Spaghetti is a favorite of both kids and kids-at-heart because of its signature sweetstyle sauce, loaded with chunky slices of savory ham, ground meat, and hotdog. Other classic menufavorites include the juicy and cheesy Jolly Hotdog, and the Peach Mango Pie, which is made with real Philippine sweet mangoes and a flaky golden brown crust.

Environmental Champion Bob Graham Dies at 87

vide habitat to diverse species, sequester carbon emissions, mitigate pollution, and reduce flood risks.

Over the past three years, Florida agencies have budgeted more than $2 billion toward land conservation. That funding has Corridor

"As Jollibee debuts in Florida, we anticipate seeing not only a multitude of excited Jollibee patrons waiting to get their hands on their Jollibee favorites, but also first-timers waiting to have their own Jollibee experience," said Jose Miñana, Jollibee Foods Corporation's Group President for North America. "There's no greater joy for us than serving the needs and tastes of Jollibee fans in the community. At Jollibee, we aim to bring families together for happy moments over great tasting food with superior value, served with warm and friendly service – our own brand of joy."

These

The brand has become a symbol of nostalgia and warm childhood memories for many overseas Filipinos in the U.S. To many, Jollibee is the go-to restaurant of Filipinos for both special

and private partners work

and

See JOLLIBEE page 15

PFAS Regulations Set by EPA - What is the Impact on Florida?

Confusion Continues Over Yet Another WOTUS Legal Case

See STEAKHOUSE page 11

Florida Continues Fighting Federal Courts

404 Ruling on Permitting Jurisdiction

By STAFF REPORTS

The Florida Department of Environmental Protection has appealed and sought a stay from a U.S. District Court's final decision that stripped the agency of its authority to issue permits for projects that affect federal wetlands.

U.S. District Judge Randolph Moss in Washington D.C. in April issued a final order that set the stage for the Department to appeal his decision to the U.S. Court of Appeals, D.C. Circuit. In February, Moss published his decision to vacate the EPA’s “assumption decision” and its “approval of Florida’s assumption application,” effectively ending the Florida 404 program for protection of federal wetlands.

In the weeks following the ruling, the Department sought a stay, which was rejected, and it then sought a final order so it could appeal, which has occurred. If the District Court ruling is upheld on appeal, permitting authority will remain with the U.S. Army Corps of Engineers in Jacksonville. If it is overturned, authority could return to the Department. In late April, DEP filed a motion to stay the order while the case is on appeal.

In late February, the Corps acknowledged that under the current court ruling, it was the only entity in the state that held authority to review these types of permits and began accepting applications. At the same time, the Corps said, “However, applicants and stakeholders should recognize the uncertainty surrounding the current litigation.”

The litigation began when seven environmental groups, led by the Center for Biological Diversity, alleged that the federal defendants, the EPA, U.S. Fish and Wildlife (USFWS), and the Army Corps of Engineers, violated the Administrative Procedure Act, Clean Water Act, and Endangered Species Act in the transfer of 404 permitting authority to Florida.

This happened in December 2020, when the EPA granted the state of Florida assumption of the 404 federal permitting program regulating the discharge of dredged or fill material into wetlands and other Waters of the United States (WOTUS). Section 404 of the Clean Water Act requires a permit before dredged or fill material may be discharged into WOTUS.

State assumption of the federal wetlands program utilizes the local expertise of

hundreds of DEP’s environmental experts and allows DEP to harness state resources, streamlining permitting procedures, and eliminating duplicative reviews that slow progress on public works and environmental projects. Florida was one of three states to assume the 404 federal permitting program, in addition to Michigan and New Jersey. The Army Corps issues 404 permits in the other 47 states.

Moss in his February 97-page Opinion rationalized that the EPA and FWS “committed a serious error” by allowing Florida to utilize Section 7 (of the Endangered Species Act) Incidental Take protection, which is limited to federal agencies and actions and provides legal protection for certain “incidental” or minor impacts to endangered species.

PATRICK GILLESPIE

BLANCHE HARDY, PG

On March 21, the U.S. House of Representatives passed the Creating Confidence in Clean Water Permitting Act (H.R. 7023), which includes an amendment by U.S. Representative Aaron Bean that would codify the U.S. EPA’s approval of Florida’s Section 404 Program. It is unlikely that the amendment will survive a vote in the U.S. Senate or a veto from President Joe Biden. ● Senior Correspondent

Bob Graham, Former U.S. Senator, Florida Governor, Dies at 87

By STAFF & WIRE REPORTS

FormerU.S. Senator and Florida Governor Bob Graham, a champion of the environment, died on April 16, surrounded by his family. He was 87.

“We are deeply saddened to report the passing of a visionary leader, dedicated public servant, and even more importantly, a loving husband, father, grandfather, and great-grandfather,” a statement released on X by his daughter Gwen Graham read.

Graham was elected to the Florida House of Representatives in 1966, won a state Senate seat in 1970, and was elected Governor in 1978, reelected four years later. Following his term as Governor, he won the first of three terms in the U.S. Senate. He made an unsuccessful bid for the 2004 Democratic presidential nomination, emphasizing his opposition to the war in Iraq. The campaign was delayed by heart surgery in 2003.

Graham was made popular by his 408 “workdays,” where he would visit everyday Floridians and work with them to better understand their jobs. Known for his focus on education and healthcare, Graham also focused on Florida’s environment.

Graham pushed through a bond program to buy beaches and barrier islands threatened by development and started the Save Our Everglades program to protect the state’s water supply, wetlands and endangered species, according to the Associated Press.

Estus Whitfield, who has advised six Florida governors on environmental policy, helped create the Save Our Everglades program with Graham.

"There are not enough words to express my admiration of Bob Graham, a true gentleman and consummate protector

of Florida's environment,” he said. “His Save Our Everglades, Save Our Rivers, Save Our Coast programs, championing Florida's Growth Management Act, and Conservation and Recreational Land (CARL) land acquisition program are only a few examples of his environmental accomplishments. With no disrespect to the several governors I served, and those previous and since, Bob Graham's tireless work and extraordinary achievements on behalf Florida's environment remains unexcelled."

According to the Associated Press, after leaving public life in 2005, Graham spent much of his time at a public policy center named after him at the University of Florida and pushing the Legislature to require more civics classes in the state’s public schools.

Graham was one of five members selected for an independent commission by President Barack Obama in June 2010 to investigate a massive BP oil spill in the Gulf of Mexico that threatened sea life and

beaches along several southeastern Gulf states.

Daniel Robert Graham was born Nov. 9, 1936, in Coral Gables, where his father, Ernest “Cap” Graham, had moved from South Dakota and established a large dairy operation. Young Bob milked cows, built fences and scooped manure as a teenager. One of his half-brothers, Phillip Graham, was publisher of The Washington Post and Newsweek until he took his own life in 1963, just a year after Bob Graham’s graduation from Harvard Law.

Graham gained national prominence as chairman of the Senate Intelligence Committee in the aftermath of the 2001 terrorist attacks and as an early critic of the Iraq war. Graham was among the earliest opponents of the Iraq war, saying it diverted America’s focus on the battle against terrorism centered in Afghanistan. He was also critical of President George W. Bush for failing to have an occupation plan in Iraq after the U.S. military threw out Saddam Hussein in 2003. ●

LINA ALFIERI STERN

MBA, MSRED, LEED Green Associate

LISA SHIPLEY Live Wildly Foundation

LAUREN BROOKS Lewis, Longman, & Walker

RALPH DEMEO Guilday Law

STEPHEN SPECTOR Guilday Law

GREG KNECHT The Nature Conservancy

KEYNA CORY Florida Recycling Partnership Foundation

FRED TINGBERG Class-Mueller Group

JEFF LITTLEJOHN Adams and Reese

KATHERINE MUNSON Southwest Florida Water Management District

CORRECTION

The March/April edition story about legislative policy items should not have included SB 738, which passed the Florida Senate but did not pass the Florida House. We regret the error. ●

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Photo courtesy University of Florida

DEP Rejects Petroleum Cleanup Program Services Bids

In February, seven months from launching its procurement, the Florida Department of Environmental Protection notified vendors that it was rejecting dozens of awarded vendors, and vowed to rebid the work within 12 months.

The decision came after the initial RFP was amended seven times throughout the procurement timeline, pushing it back from an original expected award date of November to January. The tabulated scores were posted in January, but then revised twice in the days after posting.

The agency stated in procurement documents that it intended to award by region, which was broken up by north, central, and south. It also left open the option of awarding multiple vendors by region, which it did in January. Roughly 30 vendors were chosen per region, with many of them being awarded in multiple regions.

“On Feb. 7, 2024, DEP issued a ‘Withdrawal and Reject All Responses,’” said DEP Communications Director Alexandra Kuchta. “As a result, the existing agency term contracts have been extended for six months while DEP evaluates next steps for a future solicitation.”

Updates on the status of contractor procurement for DEP’s Petroleum Restoration Program are being routinely posted on the Department’s website. ●

SRWMD Reminder: No Wake Zones Along Suwannee, Santa Fe Rivers

Water levels are higher in the Suwannee and Santa Fe rivers as the result of the large volumes of rainfall in recent months. The Suwannee River Water Management District (District) is reminding boaters of idle speed, no wake zones along the Suwannee and Santa Fe.

Higher water levels can create navigational hazards and slower speeds can provide greater safety for a boat and its occupants. The Florida Fish and Wildlife Conservation Commission (FWC) establishes and enforces the regulated zones when water rises to specific levels. Navigation in Idle speed, no wake zones require a vessel to proceed at the slowest-possible vessel speed to maintain steerage.

There are eight zones – four along the Suwannee River, beginning at the U.S. 90 bridge in Ellaville near Suwannee River State Park and ending near Fowler’s Bluff public boat ramp in Levy County; and four on the Santa Fe River, starting at River Rise in O’Leno State Park and ending at the confluence with the Suwannee River.

Each zone has a different wake stage, and it is recommended boaters consult the No Wake Zone stage for each segment, as

well as current river levels at the District website. Boating violations may be reported to FWC dispatch toll free at (888) 404-3922. ●

St. Johns River WMD Completes a Series of Prescribed Fire Exercises

The St. Johns River Water Management District recently completed five prescribed burn exercises covering over 5,000 acres of District lands. Prescribed fire helps reduce the possibility of dangerous wildfire while enhancing land’s environmental quality.

Two events covering 169 acres were completed in the Deep Creek Conservation Area in St. Johns County on the east side of the property near Cowpen Branch Road. The property’s trail system was closed for the duration of the burn. A 4,412-acre prescribed burn was completed in the River Lakes Conservation Area in Brevard County and a 250-acre prescribed burn was completed at Crescent Lake Conservation Area in Volusia County. The District also conducted a 196-acre prescribed burn at its J.P. Hall Bayard Point Conservation Area in Clay County.

Prescribed fires are carefully planned and purposefully set under stringent conditions to manage the fire’s effects. The District ensures that wind and other weather conditions are correct for managing the fire and minimizing the impacts of smoke to residents and traffic. Periodic prescribed fires on District lands enhance the land’s environmental quality and protect its neighbors from destructive wildfires.

In fire-dependent ecosystems, fire is nearly as important as rainfall and sunshine according to the District. Prescribed fires restore and maintain natural communities, reduce the chance of destructive wildfires, perpetuate fire-adapted plants and animals, cycle nutrients, manage tree diseases and open scenic vistas. ●

DEP Provides Piney Point Update

Progress is still being made on the closure of Piney Point, the former Phosphate processing facility in Manatee County and site of a wastewater discharge disaster in 2021. At this point, soft materials from the dredging of Port Manatee Berth 12 are being removed and dewatered to allow the NGS-South compartment to be closed once the dredging and dewatering work is complete.

Pre-treatment of process water contained in the remaining compartment areas is ongoing prior to disposal into Manatee County’s Underground Injection Control (UIC) well. To date, 173,942,404 gallons have been transferred for disposal in the UIC well. As a result of the progress in water management, the NGS-North compartment is no longer being actively used for water storage.

DEP is performing stringent regulatory

oversight of the site to ensure this is the last chapter in the long history of Piney Point. DEP is committed to working with the court-appointed receiver to ensure that progress toward closure is made as expeditiously as possible. The nest update is scheduled for July. ●

Southwest Florida Water Management District Prescribed Burns this Spring

To prohibit uncontrolled fires, the Southwest Florida Water Management District will be conducting prescribed burns April through June on the Lower Hillsborough Wilderness Preserve to reduce the risk of wildfires burning out of control.

Benefits of prescribed fire in controlled settings include reducing overgrown plants, promoting the growth of new, diverse plants, maintaining the character and condition of wildlife habitat, and maintaining access for public recreation.

Approximately 200 acres will be burned in small, manageable units for this exercise in the preserve located south of Cross Creek Boulevard between U.S. Highway 301 and Bruce B. Downs Boulevard near Thonotosassa. The District conducts prescribed fires on approximately 30,000 acres each year. ●

USACE Announces FONSI, Draft SEA for Beach Placement of Maintenance Dredging in Ponce de Leon Inlet for Public Review and Comment

The Finding of No Significant Impact and draft Supplemental Environmental Assessment (SEA) for the stockpile beach placement of sand from maintenance dredging of the Ponce de Leon inlet and Intracoastal Waterway (IWW) in its vicinity in Volusia County, Florida, is available for public review and comment.

The 2024 draft SEA updates information contained in the existing NEPA (National Environmental Policy Act) documents, incorporates prior NEPA information when applicable, and evaluates various alternatives for the placement of dredged material.

The project is along the Atlantic coast of Volusia Co. just north of New Smyrna Beach near Ponce Inlet. The inlet is approximately eleven miles south of Daytona Beach. The proposed preferred alternative consists of stockpiling beach quality sand north of the inlet between Florida Department of Environmental Protection Range Monuments R-139 and R-145.

Sand will be dredged from the Ponce de Leon Inlet Channel and IWW within Volusia County. ●

Tampa Water Department’s New Engineering Construction Crew Saves Money as Infrastructure Costs Rise

Tampa Water Department has created a construction team to enact a proactive approach to combat soaring construction costs. The new Engineering Construction Crew is helping the city save money and move projects along faster.

Labor and material costs have increased drastically, as much as 40 percent in some cases, resulting in challenges to fund projects. The new Engineering Construction Crew is helping the Tampa Water Department complete infrastructure work in-house. In-house work allows the department to have more oversight on the construction process, and the crew can complete work at a fraction of what it would cost to hire a third-party contractor.

The highly skilled nine-person team is responsible for completing a variety of projects, from installing water meters to extending water mains. Team members have a combined 90 years of experience in their field, as well as direct experience working on city infrastructure projects.

The Engineering Construction Crew has saved more than $400,000 in construction costs since the crew began working in late 2023. ●

EPA Region 4 Announces $361 Million in Funding for Florida Drinking Water, Wastewater, and Stormwater Infrastructure Upgrades as Part of the Investing in America Agenda

The U.S. Environmental Protection Agency (EPA) announced more than $361 million from the Federal Administration’s Investing in America agenda for Florida drinking water and clean water infrastructure upgrades. The funding is part of the $50 billion investment in water infrastructure upgrades from the Bipartisan Infrastructure Law.

Roughly half of the funding will be available as grants or principal forgiveness loans, ensuring funds reach the underserved communities most in need of investments in water infrastructure.

"With $50 billion in total, the largest investment in water infrastructure in our nation's history, the EPA will enable communities across the nation to ensure safer drinking water for their residents and rebuild vital clean water infrastructure to protect public health for decades to come," said EPA Administrator Michael S. Regan.

The Bipartisan Infrastructure Law includes funding for communities across the country that are facing water infrastructure challenges. In many municipal-

Photo courtesy SJRWMD

Photo courtesy Tampa Water

Photo courtesy STAFF & WIRE REPORTS

EPA Creates New PFAS Drinking Water Regulation

By LAUREN D. BROOKS, ESQ.

Under the federal Safe Drinking Water Act (SDWA), the U.S. Environmental Protection Agency (EPA) has the authority to set enforceable National Primary Drinking Water Regulations (NPDWR) for drinking water contaminants and to require the monitoring of public water systems. On April 10, the EPA announced the final NPDWR for six per- and polyfluorinated substances (referred to generally as PFAS). PFAS are a series of synthetic chemical compounds that persist in the environment for long periods of time and bioaccumulate — as a result, they are often called “forever chemicals.”

ing responses to PFAS-contaminated water supplies. The EPA used its authority under the SDWA to do so. Over every subsequent presidential administration, efforts to research the prevalence, health consequences, clean-up methods, and possible need for regulation have gained momentum.

This regulation will require community water systems and non-transient non-community water systems to conduct extensive monitoring, to post public information about results, and to develop plans to reduce PFAS in accordance with the regulation.

In the 1940s and 1950s, PFAS compounds became widely used in household, commercial, industrial, and military products, such as firefighting foam, nonstick coatings, food packaging, stain resistant items, and fire retardant and waterproof clothing. Scientific research now shows that these chemicals are harmful to human health. Long-term exposure to these chemicals can cause cancer and other serious illnesses. And exposure during critical life stages, such as pregnancy or early childhood, can result in adverse health impacts, too.

In 2002, the EPA’s first notable effort to address the issue commenced, requir-

In 2009, the EPA issued the first provisional drinking water health advisory level for PFAS, listing certain compounds for formal evaluation under SDWA to determine if regulation was warranted. From 2014 to 2016, the EPA’s third Unregulated Contaminant Monitoring Rule (UCMR3) listed PFOA and PFOS (PFOA and PFOS are specific perfluorinated chemicals within the umbrella of PFAS) among the list of 30 contaminants of emerging concern. At the conclusion of the UCMR3 testing and reporting period, the EPA issued interim updated drinking water health advisory levels for PFOA and PFOS at 70 ppt (parts per trillion).

As a result, three Florida public water systems identified exceedances of the health advisory levels. In 2018, the Florida Department of Environmental Protection (FDEP) issued provisional soil and groundwater Cleanup Target Levels (P-CTLs) and screening levels for surface water, consistent with the EPA’s health advisory levels.

In 2019, the EPA released the first-ever PFAS Action Plan, which has since been regularly updated. In March 2021, the EPA

made the final determination to regulate PFOA and PFOS in drinking water. As a part of that final determination, the EPA indicated it would also evaluate additional PFAS and consider regulatory actions to address groups of PFAS. In 2022, the EPA set interim updated health advisory levels for PFOA at 0.004 ppt and PFOS at 0.02 ppt — drastically lower than the 2016 health advisory levels — and included GenX chemicals at 10 ppt and PFBS at 2,000 ppt.

Meanwhile, the Florida Legislature appropriated $1 million to assist homeowners with private wells contaminated with PFOA and/or PFOS (HB 5001, adopted in 2020); provided $1 million for the University of Florida PFAS Contaminated Material Treatment Pilot Project, and passed HB 1475, which provides that if the EPA has not finalized national standards for PFAS in drinking water, groundwater, and soil by January 1, 2025, then FDEP is required adopt statewide standards.

The NPDWR for PFAS was proposed on March 14, 2023, and the EPA received more than 120,000 public comments. The final NPDWR established legally enforceable levels, called Maximum Contaminant Levels (MCLs), for the individual chemicals PFOA (4 ppt), PFOS (4 ppt), PFHxS

(10 ppt), PFNA (10 ppt), and HFPO-DA (known as “GenX chemicals”) (10 ppt), as well as for mixtures of two or more of PFHxS, PFNA, HFPO-DA, and PFBS, using a Hazard Index MCL. The final NPDWR levels appear to be more reasonable than the 2022 health advisory levels that were virtually zero.

The NPDWR for PFAS applies to community water systems and non-transient non-community water systems. Additionally, state, territorial, and tribal agencies will be affected when they assume primary responsibility for implementing and enforcing the regulation. The EPA has identified granular activated carbon, anion exchange, reverse osmosis, and nanofiltration as the best available technologies and methods for meeting the PFAS MCLs.

Public water systems must monitor for these PFAS and have three years to complete initial monitoring (by 2027), followed by ongoing compliance monitoring. Water systems must also provide the public with information on the levels of these PFAS in their drinking water beginning in 2027. Public water systems have five years (by 2029) to implement solutions that reduce these PFAS if monitoring shows that drinking water levels exceed these MCLs.

In Florida, it is anticipated that FDEP will follow the federal standard for drinking water, although the regulation allows the state to create its own standard that meets or exceeds the federal standard. Notably, section 376.91, Florida Statutes, is not limited to drinking water, so FDEP’s focus now turns to whether the EPA will regulate PFAS in groundwater and soil. If the EPA does not do so by January 1, 2025, FDEP must adopt statewide standards for those.

The clock is ticking. ●

Lauren Brooks is a Senior Attorney at the Tallahassee Office of Lewis, Longman & Walker. Her practice focuses in the areas of local, state, and federal environmental and land use transactions and litigation, including permit challenges, rule challenges, and remediation of contaminated sites.

What Do PFAS Regulations Mean for Florida?

By RALPH A. DEMEO AND STEPHEN L. SPECTOR

Wateris the driving force of all nature. No matter who we are or where we come from, there is one unifying fact about water - every person, animal, and plant must consume water to survive. Over the last 100 years, states, counties, and municipalities across this United States have developed public water systems (PWS) that provide easy access to safe drinking water for the public. The instructions are simple: turn on the tap, fill up the glass, and drink.

We have an expectation that there will always be an abundant and continuous source of drinkable water. In reality, safe drinking water is a resource we take for granted. Unfortunately, because of industrial and commercial activity over several decades, harmful contaminants have become more prevalent in PWS water sources.

To combat this growing crisis caused by one particularly incipient suite of chemical, per- and polyfluoroalkyl substances, or PFAS. PFAS is a class of chemicals known as “forever chemicals” because they are incredibly resilient and do not break down naturally. They are often used to repel oil and water, and resist heat, being used in products such as nonstick cookware, stain-resistant clothing, firefighting foam and other products.

In 2023 the Biden Administration and the United States Environmental Protection Agency (EPA) developed the PFAS Strategic Roadmap (Roadmap), laying out a long-term comprehensive plan to reduce PFAS in drinking water to levels that do not pose health risks to the public. On April 10, when the EPA announced the final National Primary Drinking Water Regulation (NPDWR) for six PFAS constituents in drinking water. Once implemented,

this final rule creates legally enforceable Maximum Contaminant Levels (MCLs) for the six PFAS in Community Water Systems and Non-Transient Non-Community Water Systems, collectively referred to as PWS.

So what does this regulation mean for Florida?

The final EPA PFAS rule sets MCLs at 4.0 parts per trillion for PFOA and PFOS, which are the most prevalent of the six PFAS. This standard is intended to reduce exposure from these PFAS in drinking water to the lowest levels that are feasible for effective implementation.

However, most water quality and environmental laboratories do not have equipment sensitive enough to detect at this extremely low level. Furthermore, if remediation were to be required, which is likely, there is no generally accepted method for cost-effectively remediating PFAS. While many companies are rapidly evaluating and proposing new technologies, carbon filtration is the generally accepted method. This is very expensive and time-consuming, taking perhaps decades to achieve the regulatory standard. There is also a problem with how to dispose of the filters once spent.

Adding to the challenge, on April 19, the EPA issued a final rule listing PFOS and PFOA constituents as “hazardous substances” under the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. Section 9601 et seq., which will dramatically increase liability and remediation costs. This final action will address PFOA and PFOS contamination by enabling investigation and cleanup of these harmful chemicals and ensuring that leaks, spills, and other releases are reported. In addition to the final rule, EPA is issuing a separate CERCLA Enforcement Discretion and Settlement

Policy. The Policy provides enforcement criteria that will inform EPA’s decision on whether to pursue potentially responsible parties from response actions or costs under CERCLA to address the release or threatened release of PFAS. It clarifies when EPA intends to use CERCLA as an enforcement mechanism, or whether to pursue a particular party.

The EPA believes that it has set reasonable time frames for PWS to comply with the MCLs in their drinking water. The final rule requires:

• PWS must monitor for these PFAS and complete initial monitoring (by 2027), followed by ongoing compliance monitoring. PWS must also provide the public with information on the levels of these PFAS in their drinking water beginning in 2027.

• Public water systems have five years (by 2029) to implement solutions that reduce these PFAS, if monitoring shows that drinking water levels exceed these MCLs.

• Beginning in five years (2029), PWS that have PFAS in drinking water which violates one or more of these MCLs must take action to reduce levels of these PFAS in their drinking water and must provide notification to the public of the violation.

The Florida Department of Environmental Protection (FDEP) is expected to begin rulemaking now that the federal rule is in place. In Florida, federal MCLs adopted by EPA apply to all potable groundwater by law. Currently, FDEP regulations require that groundwater be free from any contaminants that are harmful to plants, animals, and humans; are acutely toxic; pose serious threat to the public health, safety, or welfare; create a nuisance; or impair the beneficial use of adjacent waters. It is likely FDEP follows the EPA in proposing to adopt the federal standard.

However, based on 2022 Florida legislation championed by many stakeholders, including ports, airports, landfills, local governments, and others, FDEP must report to the Florida Legislature in January 2025 with its proposed PFAS standard.

The EPA estimates that compliance with its rule will cost approximately $1.5 billion annually. This is probably a very conservative number given the prevalence of the so-called “forever chemical,” which is also increasingly shown to be the “everywhere chemical.” Who will fund these costs is still unsettled, but it will likely require both private and government funding.

The Biden Administration has allocated $9 billion from the 2021 Bipartisan Infrastructure Law to help communities affected by PFAS pollution in their drinking water. The law also makes another $12 billion available for general drinking water improvements, including funds to local communities with PFAS contamination. However, this still leaves unsettled what to do about the many thousands of contaminated sites that may not be public water systems, not to mention the likely personal injury claims associated with exposure to these chemicals.

To conclude, facilities which have or are likely to have PFAS contamination would be wise to start planning immediately for the almost inevitable wave of regulatory and private action that is coming soon, including likely litigation. It starts with testing areas of known or suspected PFAS contamination. This includes public water systems, airports, fire departments, wastewater treatment plants, landfills, and other facilities.

In short, it is PFAScalypSe Now! ● Ralph A. DeMeo is a Shareholder and Stephen L. Spector is a Senior Associate for Guilday Law Firm in Tallahassee

Environmental and Land Use Attorneys

PERSPECTIVES

Non-Profits, State Partner to Build Florida Wildlife

Corridor

By GREG KNECHT

coin. To benefit wildlife, Florida must manage and restore the land we acquire.

The Nature Conservancy in Florida (TNC) is working to tackle climate change and reverse species loss, in part by protecting lands within the Florida Wildlife Corridor. Whether it’s conserving and restoring rare habitat for wide-ranging species like the Florida black bear or protecting breeding and nesting grounds for migrating visitors like swallow-tailed kites, we know that when we protect land, we protect wildlife and make Florida more climate resilient.

Corridors require collaboration. Protecting land within the Florida Wildlife Corridor is a joint effort, and TNC in Florida continues to use our expertise in science and real estate to help identify vulnerable lands and connect partners and private landowners. We share science and data, allowing Florida to go farther, faster. We also collaborate with, advise and guide our partners on management practices and planning, because we know that acquisition is only one side of the conservation

Connected corridors of conservation and working lands not only ensure safe travel pathways for countless species, but also make land management practices easier and more effective. By closing gaps between conserved lands, we work in partnership to restore habitats with prescribed fire and invasive species removal, all benefiting Florida’s wildlife and ecosystems as a whole.

In our 50 years, TNC in Florida has helped conserve over 1.3M acres of vital and biodiverse lands. TNC’s Center for Conservation Initiatives (CCI) stewards three preserves in North and Central Florida, all located within the footprint of the Florida Wildlife Corridor. Disney Wilderness Preserve near Orlando Florida protects 11,000 acres of the greater Everglades Ecosystem, including one of the area’s last undeveloped lakefronts. Nearby at Tiger Creek Preserve, we protect nearly 5,000 acres of the Lake Wales Ridge: a one-ofa-kind Florida ecosystem that is home to unique species found nowhere else in the world. Apalachicola Bluffs and Ravines Preserve (ABRP) in North Florida is part of a 22,000-acre conservation hub along the upper portion of the Apalachicola

River. This part of the Florida Wildlife Corridor is critical, connecting wildlife pathways from the Gulf of Mexico to the Apalachicola National Forest and nearby conserved lands.

Just last month, TNC and our partners announced the purchase and protection of the Cola River Land & Timber property that connects ABRP with the adjacent Torreya State Park. Cola River will support healthy habitats for wildlife, including the eastern indigo snakes that are released at ABRP through a ten-year, multi-partner species recovery effort. In our seventh year of the program, we recently celebrated a major milestone with the discovery of two eastern indigo snake hatchlings at ABRP. The hatchlings, offspring of adult snakes released at the property, are a major sign that reversing species loss is possible.

TNC in Florida also recently closed on a key conservation easement in the Florida panther dispersal zone: G Road Grove. Years in the making, we helped purchase this conservation easement with the U.S. Department of Agriculture’s Natural Resource Conservation Service. G Road Grove is a critical connector between other lands we’ve recently helped protect, including Chaparral Slough and Devil’s Garden. This working citrus grove and

tree nursery provides the habitat and food sources Florida panthers need, connecting the secretive and territorial animals from the lands of the sprawling Okaloacoochee Slough State Forest to the southern banks of the Caloosahatchee River and onto to the natural and working lands north of the river. This acquisition and the protection of the entire region — is only possible through creative partnerships that protect Florida's farms and ranches from development.

This is our ‘now’ moment. We have years, not decades, to protect critical habitat linkages within our state. Florida continues to experience rising seas, higher temperatures and other climate change impacts. Along with ever-increasing development and population growth, our wildlife species are feeling the squeeze. In the next couple of years, the lands we save in the Florida Wildlife Corridor will provide climate resilience, offering habitat needed by countless native and migrating species and helping to protect Florida’s biodiversity. Now more than ever, it is critical to work in partnership to save the remaining lands of the Corridor, protecting wildlife now and for generations to come. ●

Greg Knecht is the Executive Director of The Nature Conservancy

Recycling Right Means Some Things Belong in the Garbage

By KEYNA CORY

Have you ever found yourself in front of your recycling container with an item in your hand thinking, “Does this go in the recycling bin or garbage can?” If you have, don’t feel alone. Most people have found themselves in that same situation. However, recycling right can be easy. You just need to learn to Recycle Right!

Local governments determine what materials they accept in their recycling program. Go to your county or city website to see what items are accepted for recycling. Common materials include plastic bottles, jugs and tubs; aluminum and steel cans; cardboard, paperboard (cereal boxes) and mixed paper, such as envelopes, magazines, and office paper; and in some cases, glass containers.

But what about those numbers inside the chasing arrows found on the bottom of plastic items? What do they mean? Items with the chasing arrows do not necessarily mean that item is recyclable in your local program. The little number inside the triangle is there to identify the type of plastic resin used in the product.

Two of the most recycled plastic resins in curbside recycling programs are:

1 – PET which is commonly used for soft drinks, water bottles, and juice containers as well as cooking oil containers. The plastic is easily recyclable so it’s often part of curbside recycling programs. It can be reused to make containers, carpet, and furniture. The Florida Beverage Association and its members are working together to reduce plastic waste through an initiative called “Every Bottle Back.” The beverage industry is carefully designing 100% recyclable plastic bottles and working with partners like World Wildlife Fund, The Recycling Partnership and Closed Loop Partners to get them back and track its progress along the way.

2 - HDPE indicates one of the most used plastics in the United States. HDPE is used for several different purposes but is widely considered the plastic of choice for containers for items like cleaning agents, milk, detergents, and washing soap thanks to its low weight and high strength. HDEP can be recycled into pipes, oil bottles, pens, and detergent bottles. It is commonly accepted by curbside recycling.

Aluminum is one of the most recycled –and recyclable – materials in use today. A recycled aluminum beverage can is often recycled directly back into itself. And this process can happen virtually infinitely. Used aluminum drink cans can be recycled and back on supermarket shelves as new drink cans in as little as 60 days. So,

this is a no-brainer – aluminum cans go into the recycling bin!

Cardboard is the highest value grade of paper, as its durability means long paper fibers. This also helps explain why it has the highest recycling rate among paper products. Over half of the cardboard recycled is used to make new cardboard boxes, and additional cardboard can be downcycled into paperboard (used for cereal boxes) or chipboard (used for shoeboxes). Again, another great item for your curbside recycling bin. Just make sure to flatten them, empty their contents, and keep them dry.

Other paper that can be recycled includes magazines, catalogs, newspapers, white

and colored paper, envelopes, junk mail, and paper bags. Recycled paper is used to make boxes for dry foods like cereal or pasta, tissue products like toilet paper and paper towels, as well as newspapers. Another great item for your recycling bin.

Our motto is, when in doubt, throw it out. Contamination, also known as garbage, in your recycling bin increases the costs of recycling for everyone. Make sure you place only the acceptable items in your recycling bin.

You see, it’s easy to recycle. You just need to Recycle Right! ●

Keyna Cory is the Executive Director for the Florida Recycling Partnership Foundation

Farmers, District Team Up on Land Stewardship

By STAFF REPORTS

As a steward of more than 7,600 square miles in the heart of North Florida serving a population of about 360,000, the Suwannee River Water Management District (District) takes a multifaceted approach to sustaining its water resources in the midst of acres of agricultural land in a primarily rural area of the state.

It is through interweaving agriculture and environmental projects that the District’s management team seeks to strike a balance to protecting its 13 river basins, numerous springs, while allowing farmers to produce and nature lovers to explore the land.

“Agriculture is deeply intertwined with our community's heritage and prosperity,” said District Executive Director Hugh Thomas. “We believe it can also be a catalyst for sustainable water resource management if approached thoughtfully.”

Agriculture has long been the bedrock of North Florida's identity, providing sustenance and livelihoods for generations. Yet, this sector also presents unique challenges to water resources, from nutrient runoff to pesticide use and high-water consumption. District leadership recognizes the pivotal role that agriculture plays in shaping the region's water quality and quantity. Rather than viewing agriculture as a challenge, it is seen as an integral part of the solution.

Agriculture is playing a role in the implementation of well over 20 different practices and technologies that help increase water use efficiency along with reducing nutrient loading to land surface and groundwater. These best management practices help the producer do more with less while helping conserve and protect our natural resources in the Suwannee Valley.

One of the cornerstones of the District’s approach is the recognition that agriculture can play a significant role in the restoration of water resources. By implementing innovative practices, farms can serve as allies in the mission to improve water quality and protect ecosystems.

Leroy Marshall, Chief Professional Engineer of the Office of Agriculture and Environmental Projects, said this is accomplished through best practices and education.

“We encourage practices like precision agriculture, cover cropping, and nutrient management that not only benefit farmers but also contribute to water quality improvements,” said Marshall. “It's a win-win for agriculture and the environment.”

The District’s commitment to environmental projects is evident in its multifaceted initiatives aimed at restoring and preserving the region's water resources. From wetland restoration to groundwater recharge, these projects serve as blueprints for healing and nurturing the environment.

Various types of project assist in these efforts, including septic to sewer conversions; upgrades to wastewater facilities to attain advanced water quality and public access reuse; natural system restoration to protect spring pools and riverbanks; partnerships on conservation easements and land acquisition to protect resources; and reducing landscape irrigation demand with a focus on Florida Friendly Landscaping.

“Environmental projects are designed to not only restore but also to enhance the ecological health of our water bodies,” said Marshall. “They provide valuable lessons for sustainable coexistence.”

Land conservation is another key element of the District’s broader strategy. By acquiring and conserving critical lands, the District creates buffers that protect water resources from pollution and encroachment and flooding. These protected areas also serve as reservoirs for groundwater recharge, contributing to long-term water availability.

“You can’t make new land,” said Marshall. “That is why land conservation is such a vital tool in our natural systems restoration toolbox. It's an investment in the future of our communities and ecosystems.”

Innovation and research are the driving forces behind the District’s approach to the intersection of agriculture and environmental projects. The District partners with local universities, research institutions, and farmers to explore and implement cutting-edge techniques that benefit both sectors. One such project includes working with the University of Florida /IFAS and Alliance Dairies to evaluate the water conservation benefits of using cow-sensing technology for automated cow cooling in freestall barn environments. The District has also partnered with the Florida Department of Agriculture to evaluate crop yields using slow-release fertilizer.

The path to reconciling agriculture and environmental projects is not without challenges. Balancing the needs of agriculture with those of the environment, securing funding for conservation, and ensuring compliance with best practices all require sustained effort and commitment.

“We are acutely aware of the challenges, and we are unwavering in our dedication to marry the protection of our water resources with the needs for land use and growth,” said Thomas. “We will continue to seek partnerships, invest in research, and work closely with our community to find solutions.”

For more information about the Suwannee River Water Management DistrictDistrict, please visit www.mysuwanneeriver.com. ●

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Orange County Unveils the Largest Floating Solar Array in Southeast U.S.

By BLANCHE HARDY

Orange County has installed the largest floating solar array in the Southeastern United States.

The array is stationed on a pond at the Utilities Department’s Southern Regional Water Supply Facility (SRWFS). The project is designed to help the County reach its Sustainable Operations & Resilience Action Plan goal of achieving 100 percent clean, renewable energy by 2035.

“Sustainability and resilience are not just buzzwords for us; they are guiding principles that inform our decision-making,” said Orange County Mayor Jerry Demings. “This project exemplifies our dedication to building a more sustainable and resilient future for generations to come. Orange County continues to lead by example, clearing the way for a cleaner, greener environment.”

The floating solar array at SRWSF covers two acres of a 3.6-acre pond, making it the largest of its kind in the Southeastern

United States. It consists of 2,236 solar panels, each roughly the size of a pool table. In total, the panels are expected to produce 1.9 kilowatt-hours annually.

The array was installed on water to minimize impacts on the natural environment. The array is also engineered to withstand adverse weather conditions, including sustained winds up to 50 miles per hour and gusts reaching 130 miles per hour.

The floating solar array is projected to cut energy costs at the facility by 25 percent per year while limiting the impact on land and wildlife.

Chief Sustainability and Resilience Officer Carrie Black highlighted the positive environmental impact of the project.

“It will reduce 1,500 tons of CO2 emissions annually and further position Orange County as a leader in climate action.”

The array project was undertaken by Orange County Utilities Director Ed Torres.

“The 2,236 panels that make up this

floating solar array represent our unwavering commitment to advancing Orange County’s goal of sourcing clean, renewable energy,” said Torres. “Not only are we reducing our carbon footprint, but we are also ensuring more sustainable water supply operations.”

The Department also operates a ground-mounted solar array at their Northwest Water Reclamation Facility (NWRF). The NWRF array was strategically located on land not committed to future infrastructure expansion. The

array serves as Orange County Utilities’ pilot project for ground-mounted solar. Construction of the two-megawatt solar installation began in 2019 and concluded in early 2024. The array is anticipated to generate up to 60 percent of the facility’s power needs and save more than $400,000 per year.

Orange County Utilities plan to install more solar array projects to offset energy demands and reduce greenhouse gas emissions throughout the county service area. ●

Enhanced Methods in Potable Water Disinfection Erase Germs and Pathogens Resistant to Common Chlorination

By FRED TINGBERG

Pathogens such as pseudomonas are natural inhabitants in moist environments occurring naturally in soil and water. The main route of entry into a drinking water network is via contaminated materials during construction work on the pipeline, installation of water meters, as well as dirt ingress due to on-site storage of system components.

The industry has relied upon sodium hypochlorite to initially disinfect then maintain Free chlorine levels while insuring potability of our existing municipal drinking water systems.

Free chlorine levels are mandated to insure what has been deemed “microbiologically clean water”, however levels greater .02 mg/l have been recognized as having unpleasant taste or color. In new pipeline installations, total concentrations of .05 mg/l or greater are introduced so that chlorine demand may be present to react with organics, metals and other compounds present in water prior to disinfection. Importantly, hypochlorite is ineffective at treating water for multi-resistant germs such as Pseudomonas Aeruginosa, and Legionella.

Chlorine has been widely used commercially, however, available compounds come with cautions due to their hazardous materials characterizations as a corrosive, an oxidizer and poisonous (if inhaled) in its gaseous phase. Solids, liquids and gaseous forms of these materials are subject to scrutiny during transport, storage, and usage.

When chlorine reacts with organic material its concentration is reduced Trihalomethanes (THMs) and disinfection byproducts (DHPs) are formed. These are a concern as they are known to be carcinogenic.

In everyday disinfection of new pipeline installations, pipeline renovations or recommissioning of dormant or inactive

potable water systems there is also the issue of disinfection water removal after treatment. The residual hypochlorite concentrations may be significantly higher than that suitable for distribution and needs to be released into the environment while pipeline concentrations are diluted and normalized.

Enter the Lesstech Disinfection System. The natural biofilm in drinking water pipes must be free from harmful pathogens and germs. Treatment by L.E.S.S. (Light-Erasure-Spraying-System) will ensure a healthy, natural and stable biofilm within the potable water system.

UV-C technology has been well known and utilized for many decades, used in sterilization of water, air and surfaces of any material. UV-C light exhibiting an Ultraviolet spectral range of between 200280 nm acts of the DNA of viruses, bacteria, and germs. This renders the reproduction of pathogens no longer possible. Comprehensive disinfection is guaranteed while producing no harmful byproducts or compounds.

The L.E.S.S. system provides three stages of full-scale disinfection:

1. UV-C radiation causing the inactivation of all pathogens and germs

2. Disinfectant Spray System includes a bactericidal effect in remote areas of the pipeline such as pipe connections

3. Fumigation with carbon dioxide or nitrogen which stuns any incumbent microorganisms or invertebrates which may have been present in the pipeline prior to disinfection.

By passing the lesstec robot through the pipeline to be treated the following benefits may be immediately realized:

SAFETY achieved by avoiding transport handling or exposure to hypochlorite solids, liquid or chlorine gas.

COMPLETE DISINFECTION of the pipeline, including all pathogens such as

legionella and pseudomonas aeruginosa.

TELEVISED INSPECTION of the watermain to verify all joints, connections and services.

NO CHLORINE DISCHARGE of residual overchlorinated water to discard into the sewer, storm water or necessary containments.

In summary, treatment with L.E.S.S. provides fast and sustainable disinfection. Removal of pathogens is long-lasting through inactivation, which precludes post-ger-

mination. There is no Environmental Impact caused by chlorine release, repeat chlorination, neutralization chemicals or hydrogen peroxide implementation. There are no harmful by-products.

The method is totally transparent, offering data logging along with a video record of each step, providing substantial time and cost savings. ●

Fred Tingberg is CTO of Class-Mueller Group, Inc. of Palm City, which developed Lesstech

DeSantis Signs Gaming Revenue Legislation

By PATRICK GILLESPIE

On April 4, Gov. Ron DeSantis signed a bill into law that will invest hundreds of millions of dollars into environmental projects with revenue derived from gaming in the state.

DeSantis was joined at the South Florida Water Management District by board members and officials, Shawn Hamilton, Florida Department of Environmental Protection Secretary, Marcellus Osceola Jr., Seminole Tribe of Florida Chairman, legislators, and other environmental leaders.

Florida leaders are expecting to generate roughly $750 million from gaming this year. The revenue is based on the 2021 Gaming Compact signed by the Tribe and DeSantis that survived legal challenges in recent years. The legislation — which is effective upon now becoming law — directs 96 percent of revenue derived from the 2021 Gaming Compact to be set aside for environmental projects. The Compact sets the terms by which the Tribe can offer gaming in Florida in exchange for dedicated revenue to the state.

“This is going to be important to reduce harmful nutrients in Florida’s waterways. It’ll be important to maintain Florida as the fishing and boating capital of the world,” the Governor said. “This is a good day — this is very productive I think what the legislature did.”

The bill SB 1638 — was carried by Sen. Travis Hutson. The companion bill was carried by Rep. James Buchanan. DeSantis also on April 4 signed SB 7080, which establishes the gaming trust fund.

The Compact provides the Tribe with partial, but substantial exclusivity for specified gaming activities in Florida. There is a guaranteed minimum payment of $2.5 billion for the first five years and not less than $400 million annually. The agreement lasts 30 years.

For fiscal year 2024-2025, funding is dedi-

cated as set forth in the law:

• $100 million annually to support the Florida wildlife corridor

• $100 million annually for management of uplands and removal of invasive species

• $36 million to the Florida Department of Environmental Protection (FDEP) for state park land management activities and $4 million for the Local Trail Management Grant Program

• $32 million to the Florida Department of Agriculture and Consumer Services for land management activities

• $32 million to the Florida Fish and Wildlife Conservation Commission for land management activities, specifically for gopher tortoises and Florida panthers

• $100 million for flooding and sea level rise resilience

• Any remaining funds will go to FDEP for water quality improvement grants

In future years, the law will set aside percentages of the gaming revenue to be ded-

icated to similar environmental programs and projects, with much of it for land management and acquisition activities.

“Just hearing that commitment and understanding that focus and that leadership and what that means to not just to us, but to the generation to come, I don’t know how you can’t get teared up,” said Hamilton. “If you think about our environment, it underpins our tourism, it underpins who we are as a state. And, quite frankly, it is the foundation of who we are as a state.”

Osceola praised the funding that will be dedicated to the environment, particularly to the Everglades, where streams used to be clear to the eye, where people would swim and drink the clean water.

“With this, and the funding that we provided through the Compact, I hope that we can once do that again, for our children’s sake,” he said. “My grandfather was famous for saying that when you find something, take care of it and leave it in a better position than when you found it for the next generation. That’s what we hope to do.” ●

Court Cases, Federal Definitions Create Continued WOTUS Confusion

By JEFF LITTLEJOHN

Every White House for the past 20 years has tried to create its own definition of Waters of the United States, or WOTUS, and each of these attempts has been challenged in the courts. The result is a patchwork of regulation, based on the state. To illustrate, 23 states are regulated under a WOTUS rule that took effect in March 2023, called the “2023 Rule.”

The other 27 states, including Florida, have their federal wetlands defined under a “pre-2015 regulatory regime.” These 27 states were parties to one of three separate cases, which resulted in each of these federal courts striking down the 2023 Rule in March, April, and May of 2023. Then, in May 2023, the Supreme County issued a landmark opinion that required major revisions to both definitions.

And now, the latest twist in this saga involves a recent case filed in North Carolina, "White v. EPA," which threatens to upend the already complex situation imposed by the courts.

The ill-fated 2023 Rule, dubbed the "Final Revised Definition of Waters of the United States," faced a swift demise, with one federal court striking it down even before it went into effect, and other court decisions vacating it across most of the country. The Supreme Court's 2023 decision in "Sackett v. EPA" further undercut the rule's validity, rendering it in conflict with important provisions of Sackett. In response, federal agencies quickly issued a "Conforming Rule," attempting to align with the Court's ruling.

White challenges the validity of the Conforming Rule. Attorneys representing the plaintiffs argue that the rule's expansive definition of jurisdictional wetlands contradicts the clear directives outlined in Sackett. They further contend that the amended definition encroaches on due process rights, and the Rule blurs the line between federal and state authority.

Indeed, the battle over WOTUS appears to have been extended beyond legal techni-

calities to more fundamental questions of federalism and the constitutional powers granted to Congress. Critics argue that an overly broad interpretation of federal jurisdiction undermines the rights and autonomy of states to regulate water resources within their boundaries.

The situation is so complex that EPA has a dedicated website with a map “to illustrate which definition of [WOTUS] is generally operative in each state across the country… As the litigation continues, EPA will update the map, when possible, to reflect the most current information that is made available to the EPA and the Army.”

When the Sackett decision was handed down in May 2023, the Court issued clear guidance to the federal agencies that their jurisdiction “extends only to the limits of Congress’ traditional jurisdiction over navigable waters.” The simplified WOTUS definition in Sackett includes only: traditional, navigable waters such as “streams, oceans, rivers, and lakes” and wetlands when they are continuously connected to, and indistinguishable from, navigable waters. The Conforming Rule was issued, according to the federal agencies, to comply with the Court’s instructions.

However, the same attorneys that represented Sackett are representing White, and observers believe “White” may result in the invalidation of the Conforming Rule.

The trouble with the Conforming Rule, according to the complaint, is that the agencies defined all wetlands with a continuous surface connection to navigable waters as jurisdictional. Without mentioning “indistinguishable” in their latest definition, a “continuous enough” test becomes a means of expanding jurisdiction through one or more non-jurisdictional features to reach wetlands far away from a navigable water. To illustrate, artificial conveyances like ditches and pipes can create continuous surface connections that extend miles from navigable waters. This is contradictory to Sackett’s bottom line: jurisdictional wetlands must “be indistinguishably part of a body of water that itself constitutes ‘waters’ under the CWA” and “[w]etlands

that are separate from traditional navigable waters cannot be considered part of those waters, even if they are located nearby.”

According to White, the “Conforming Rule” conflicts with another provision of Sackett — that agency jurisdiction must be clear and predictable:

The Agencies contend that they may ascertain a “continuous surface connection” in numerous ways that cannot be readily discerned by the regulated public, 88 Fed. Reg. at 3093–95—thus reaching all manner of land-use activities that one could not possibly know are subject to the Agencies’ authority. Such an interpretation cannot be sustained. Cf. Sackett, 598 U.S. at 680–81 (“Due process requires Congress to define penal statutes ‘with sufficient definiteness that ordinary people can understand what conduct is prohibited’ and ‘in a manner that does not encourage arbitrary and discriminatory enforcement.’”)

In other words, according to Sackett, fact-intensive, case-by-case jurisdictional determinations that require expertise beyond that of ‘ordinary people’ violates due process rights granted by the U.S. Constitution and would require powers beyond

even the authority of Congress to grant. Finally, the White case restates concerns raised in Sackett about the division of authority between Congress and the States. Restated from Sackett, “the Clean Water Act expressly ‘protect[s] the primary responsibilities and rights of States to prevent, reduce, and eliminate pollution’ and ‘to plan the development and use … of land and water resources.’ It is hard to see how the States’ role in regulating water resources would remain “primary” if the EPA had jurisdiction over anything defined by the presence of water.”

For states like Florida, with comprehensive wetland protections afforded as far back as 1984 with the passage of the Warren S. Henderson Wetlands Protection Act, regulatory jurisdiction exists for all wetlands, without distinction between navigable waters and other waters of the state. Simply put, all waters and wetlands in Florida benefit from state regulatory protections. Yet, the federal regulatory quagmire continues to complicate the wetland protection regime, leaving applicants caught in regulatory limbo. ●

Jeff Littlejohn is a Senior Policy Advisor in the Adams and Reese Tallahassee office.

Governor DeSantis

“Our Wildlife Corridor provides a unique opportunity to expand the wonder and beauty of Florida’s heartland,” Florida Senate President Kathleen Passidomo told Florida Wildlife Corridor Summit attendees last year. “I envision the Florida Wildlife Corridor as a top destination for recreational tourists from across the country and around the globe.”

During the 2024 Legislative Session, lawmakers doubled down on their support for land preservation, passing the ‘Compact to Conserve’ initiative designed to use money derived from the 2021 Gaming Compact with the Seminole Tribe of Florida for environmental projects, including the corridor. Signed into law by Gov. DeSantis in April, the initiative dedicates more than $100 million per year to land purchases alone. Every day, though, more than 1,200 people move to Florida. And with this expanding population comes expanded urban development that threatens to forever erase Florida’s natural areas and working lands.

In just the last 5 years, 130,000 acres of agriculture and natural lands across Florida have been lost to development. The

Corridor itself is expected to lose 500,000 acres to development by 2030 if it is not permanently protected.

While protection of the Corridor is largely a state-led effort, local governments can also play a major role. Currently, 24 counties have active land acquisition programs that contribute to the Corridor’s progress. Florida has the unique opportunity to serve as a national example of how ecological protection can lead to healthier communities and more robust economies. When the Wildlife Corridor Act was signed into law, Florida state Representative Keith Truenow called it “a major first step to ensuring Florida’s ecological future.”

Today, three years later, the state must continue taking the steps needed to make good on the Act’s promise to future generations. ●

Lisa Shipley is the CEO of the Live Wildly Foundation

ities, aging water infrastructure, including old, broken or lead pipes carrying drinking water and wastewater treatment plants, are in need of major upgrades. Likewise, many communities struggle to maintain adequate stormwater infrastructure to effectively manage flood impacts from climate change and others need to upgrade their water treatment to address emerging contaminants like PFAS. Since 2022, the Bipartisan Infrastructure Law has delivered over $537 million into water infrastructure projects across Florida. ●

First Awards Made Through Florida's Coral Reef Restoration and Recovery Initiative

Gov. Ron DeSantis announced that $9.5 million is being awarded to bolster academic and private partnerships to safeguard Florida’s Coral Reef through the Florida Coral Reef Restoration and Recovery Initiative. The reef extends over 350 nautical miles from the Dry Tortugas to the St. Lucie Inlet. This funding will enhance coral recovery and will include propagation and outplanting capacities critical to the health and longevity of the reef.

“As we tackle environmental challenges, we understand that preparation and planning make all the difference,” said Department of Environmental Protection

Secretary Shawn Hamilton. Other DEP programs are simultaneously working to address local coral challenges such as water quality restoration, including in Biscayne Bay.

More than $50 million specifically for coral reef recovery and restoration has been dedicated to reef recovery since 2019. ●

Tallahassee Awarded Urban and Community Forestry Grant

The City of Tallahassee recently secured a $25,000 Urban and Community Forestry matching grant from the Florida Forest Service to help ensure the urban forest is healthy and properly managed for future generations.

At 55 percent, Tallahassee has one of the highest percentages of tree canopy coverage in the nation. The City also supports an extremely diverse population of tree species. To help manage this vital asset, the City adopted its Urban Forest Master Plan in 2018 and employs more than twenty certified arborists and tree care professionals who provide care for trees within public rights-of-way, participate in reforestation efforts and help educate residents about proper tree care.

The City plants hundreds of trees on residential property each year - free of charge - through its Adopt a Tree program. Tallahassee has been recognized by the Arbor Day Foundation as a “Tree City USA” community for thirty-one years.

The grant will help fund tree inventory along canopy roads within city limits and add trees along publicly maintained streets in several adjoining neighborhoods. ●

Photo courtesy Live Wildly

FROM HEARTLAND ON PAGE 1

Florida, Gulf States Differ on Wind Energy

By LINA ALFIERI STERN

In 2023, the global wind power capacity saw a record-setting increase of 50 percent, with 117 gigawatts of new installations, marking the industry’s most successful year, according to the Global Wind Energy Council’s newest report.

Despite the growth in this area of energy production, coastal states are handling this potential energy source differently, and often based on their natural features. During the 2024 Legislative Session, lawmakers in Florida passed a bill that is designed to refresh and realign Florida's energy policies, outlining new goals, revising the Department of Agriculture and Consumer Services' responsibilities, and imposing new requirements on the Public Service Commission (PSC) and utility providers.

The bill also prohibits construction of an offshore wind energy facility, a wind turbine within a mile of the coastline, a wind turbine within a mile of the Atlantic Intracoastal Waterway or Gulf Intracoastal Waterway or on waters or submerged lands in the state, in effect making offshore wind installations in Florida illegal. As of late April, the bill (HB 1645) had yet to be sent to Gov. Ron DeSantis’ desk for signature.

"Wind energy in the State of Florida is not a viable alternative — we know that for sure,” said Rep. Bobby Payne, the bill’s sponsor, during a Feb. 15 House Commerce Committee hearing. “It takes 9 miles per hour of sustained wind or 4 meters per second to at least turn a first windmill … and the return on investment for availability for wind energy in Florida would be one that stakeholders and shareholders would not appreciate.”

Other coastal states, such as Texas and Louisiana, are embracing wind energy. Texas is the nation's leader in wind power production, with 239 wind-related projects and over 15,300 wind turbines. Louisiana has also made efforts towards offshore wind power, with the goal of integrating five gigawatts (GW) of offshore wind power by 2035. Louisiana, Mississippi, and Alabama currently have no wind farms, with only one farm in development in Tunica, MS. There are currently no offshore farms in the Gulf.

In 2022, then Louisiana Governor John Bel Edwards presented the Louisiana Climate Action Plan, proposing several strategies to guide Louisiana towards net-zero greenhouse gas emissions by 2050, including the goal to integrate five gigawatts (GW) of offshore wind power by 2035. As a result, the Gulf Louisiana Offshore Wind Propellor (GLOW Propellor) was formed, a collaborative initiative by Louisiana's educational, business, and government sectors. In October 2023, GLOW was recognized as a Tech Hub by the U.S. Department of Commerce’s Economic Development Administration. This designation, awarded to only 31 out of nearly 400 applicants, positions the consortium for potential funding of $40

million to $70 million to support its mission of transitioning Louisiana's economy towards renewable energy, focusing on offshore wind power.

With its launch of the Louisiana Wind Energy Hub at UNO, the University of New Orleans Research and Technology Foundation views the development of offshore wind farms off the coast of Louisiana as a

once-in-a-lifetime opportunity that will create new generational wealth across all demographics.

“The communities who invest in the development of new energy sources like offshore wind will see a multiplier effect that benefits the environment and the economy,” said Rebecca Conwell President and CEO of The UNO Research and

Technology Foundation and the region’s only university research park The Beach at UNO. “Public and private sector funding for innovation, research, and workforce development will continue to thrive; small businesses will see their client base expand, and there will be new job opportunities in all disciplines. We are working diligently with the University of New Orleans, and our community partners to send the message that we are all in.”

The Biden administration has recently designated four areas in Gulf of Mexico federal waters, near Texas and Louisiana, for wind energy developments, covering sizes from nearly 57,000 acres to more than 495,000 acres. However, the Gulf's first wind energy lease auction in August 2023 only saw modest interest with a single $5.6 million bid for one tract off Lousiana’s coast. The lack of bids for leases for Texas tracts may be partially attributed to resistance by lawmakers and prominent state officials of coastal renewable energy, underscored by proposed legislative barriers. Despite Texas' leadership in wind energy, such legislative measures and opposition have cast doubts within the industry on the state’s dedication to renewable initiatives along the coast.

The trajectory of offshore wind energy development in the Gulf of Mexico is being shaped by several critical factors, including disruptions in the global supply chain, the reassessment of offshore wind contracts in the U.S., the absence of explicit renewable energy requirements, and resistance to renewable energy initiatives at the state level.

While Florida has not embraced wind energy, Louisiana has set an ambitious goal to produce 5,000 megawatts of offshore wind energy by 2035 and is exploring possible projects within its territorial waters. Texas has not established specific objectives for offshore wind energy and contends with political opposition to such projects. Nevertheless, both western Gulf states possess significant potential for wind energy generation. Advances in technology, alongside shifts in industry dynamics, have the capacity to redefine the prospects for future energy production and infrastructure development in the region. ●

Photo courtesy University of New Orleans

STAFF & WIRE REPORTS

TEXAS

Texas Leads Renewable Energy Surge, Outpacing Coal with Solar and Wind Power

Despite some public skepticism from its top officials regarding clean power, Texas has positioned itself as a leader in renewable energy in the United States, notably surpassing coal power with its solar energy production. Texas, which has been at the forefront of wind energy since the early 2000s, continues to lead the nation in wind-sourced electricity, contributing 26 percent of the U.S. total in 2022. The state's solar power sector is also gaining momentum, with a significant 46 percent increase in solar power generation recorded in January compared to the same month in the previous year. The Electric Reliability Council of Texas manages about 90 percent of the state's grid and is actively expanding renewable resources. With more than 22,000 megawatts of solar power as of January and expectations to surpass 30,000 megawatts, in Texas solar generation is likely to exceed coalfired generation. Additionally, wind and solar are poised to overtake natural gas as the state's largest energy resource by 2025, marking another pivotal moment in Texas's energy transition, all while maintaining its status as the leading oil and gas producer in the nation. ●

Lt. Gov. Calls for Pause on Cement Plant Permits Amid Environmental and Economic Concerns

Lt. Gov. Dan Patrick has called for a temporary halt on the approval of permits for cement production plants until the 2025 legislative session, following concerns raised by residents about the environmental and economic impacts of a proposed cement plant and limestone quarry by Black Mountain Cement in Dorchester. Despite a review by the Texas Commission on Environmental Quality (TCEQ) suggesting no air quality danger, Patrick highlighted community skepticism and potential negative effects on local businesses and the economy of Grayson County. The U.S. Environmental Protection Agency identifies the cement industry as the nation's third-largest industrial polluter, emitting more than 500,000 tons annually of harmful pollutants such as sulfur dioxide, nitrogen oxide, and carbon monoxide. The EPA is currently undertaking its first study in Texas to assess the cumulative public health impacts of pollution from multiple concrete plants. ●

open energy market, a move that has been in the works for several years. This change, aimed at introducing competition and potentially lowering electricity bills, has been met with both excitement and apprehension among residents. With the opening of the market, residents now face over the choice of more than 30 energy companies, a process made accessible through provider fairs but complicated by the sheer number of options and concerns about the stability of the state's power grid, managed by the Electric Reliability Council of Texas. ●

Houston-Based Apache Corporation Fined $4M

The Justice Department announced that the Houston-based Apache Corporation will pay $4 million in civil penalties for violations of the Clean Air Act in New Mexico and Texas, notably across 23 of its oil and natural gas production facilities. These violations, occurring between 2019 and 2022, involved improper storage of oil leading to increased air pollutants, exacerbating respiratory issues and contributing to higher ozone levels. The lawsuit revealed Apache's role in significant excess emissions of harmful pollutants, prompting legal action and a settlement that includes a $4 million penalty and a commitment to invest over $5.5 million in emission monitoring and environmentally safer technology. ●

Texas Wildfire Triggers Lawsuits Against Utility Company for Negligence and Infrastructure Failures

The largest wildfire in Texas history, which consumed more than a million acres and resulted in at least two fatalities, has been linked to a faulty electrical pole owned by Xcel Energy, the electricity provider for Texas's Panhandle region. This revelation was supported by an investigation from the state’s forest management agency, which identified a decayed wooden pole's collapse as the ignition point. The March 2024 incident has already led to multiple lawsuits against Xcel Energy by landowners and victims' families, seeking millions in damages. ●

Texas School Fund Pulls Assets from BlackRock Citing State Law

BlackRock, the world's largest asset manager, has expressed disappointment and urged the Texas Permanent School Fund (PSF) to reconsider its decision to pull $8.5 billion in assets due to a 2021 state law that curbed agencies' business with financial firms accused of boycotting energy companies. BlackRock has generated $250 million for PSF since 2006 and denies allegations of discriminating against oil and gas firms The move is the latest development in a tussle between Republican state and federal officials and Wall Street firms overusing environmental, social, and governance (ESG) factors in investing. ●

temporary jobs, underlining the administration's commitment to the oil and gas industry and economic growth within Louisiana. Governor Landry also signed a Proclamation and an Executive Order aimed at streamlining permitting processes for the industry, reinforcing the message that Louisiana is actively supporting the sector's development. The expansion, which was initially announced in 2020 but lacked the bond allocation from the previous governor, will significantly increase the plant's capacity for renewable diesel production, boosting it from 90 million gallons to 340 million gallons annually. ●

lows Bernhard's previous announcement to buy Entergy's natural gas distribution business for $484 million, a deal set to conclude in mid-2025. Upon finalizing both acquisitions, Bernhard will emerge as a leading natural gas utility in both states, ranking among the top 40 in the United States. The firm aims to establish a Louisiana-based utility company focusing on natural gas delivery. The acquisition from CenterPoint includes 12,000 miles of pipelines in the two states, serving about 247,000 customers, primarily residential, in Louisiana. Approval from the Louisiana Public Service Commission is required for both purchases, with proceedings yet to be scheduled. ●

Steel Manufacturer Expands Port Facility Inaugural Wind Energy Wind Conference Held

Benteler Steel/Tube Manufacturing will invest $21 million to expand its facility at the Port of Caddo-Bossier in Louisiana. The expansion will include a new threading facility for hot rolled seamless steel tubes, which are used in high-pressure, high-corrosive environments such as the oil and gas industry. The project will be executed in two phases, with the first phase focusing on installing an initial threading line and improving infrastructure, and the second phase expanding the facility to allow for a second thread line by the end of 2026. The expansion is expected to benefit the state's economy through investment and job creation, as well as support key industries in Louisiana. ●

Joint Venture to Build Renewable Fuel Plant

Construction has begun on a new oilseed processing plant in Destrehan, which will produce feedstocks for renewable fuels. The plant, a joint venture between Bunge and Chevron, will be able to process up to 7,000 tons of soybeans and softseeds per day and is expected to begin operations in 2026. The joint venture aims to combine Bunge's expertise in oilseed processing and farmer relationships with Chevron's knowledge of fuel manufacturing and marketing to produce 100,000 barrels daily of renewable and low-carbon fuel by 2030. ●

States File Suit Against the SEC Regarding Climate-Related Disclosures

The attorneys general of Louisiana, Mississippi, and Texas have filed a lawsuit against the U.S. Securities and Exchange Commission (SEC) to stop a new rule that requires publicly traded companies to disclose climate-related financial risks. The states argue that the rule violates the First Amendment and will drive up business costs. SEC Chairman Gary Gensler countered that the rule is necessary to provide investors with consistent and comparable information about climate risk. The rule, which went into effect this week, requires companies to inform investors of the financial risks associated with severe weather events and rising sea levels. ●

LOUISIANA

Bond Allocation Awarded to Chevron Geismar Diesel Plant Lubbock Embraces Open Energy Market: Navigating Choices and Challenges

After years of anticipation, Lubbock has transitioned from relying on a single municipal electric provider Lubbock Power & Light to entering the state's

At the Louisiana Mid-Continent Oil and Gas Association's annual conference, Governor Jeff Landry announced a significant $100 million bond allocation for Chevron's Geismar Renewable Diesel Plant expansion project. This initiative is set to create 90 permanent and 1,500

Bernhard Capital Partners to Acquire CenterPoint Energy's Gas Operations in $1.2 Billion Deal

Bernhard Capital Partners has announced a $1.2 billion acquisition of CenterPoint Energy's natural gas distribution operations in Louisiana and Mississippi, with the transaction expected to close in the first quarter of 2025, pending antitrust and state regulatory approvals. This fol-

Louisiana’s inaugural Wind Energy Week, a conference that convened business leaders, academics, port authorities, state lawmakers, environmental advocates, and global offshore wind developers, was held in February in Baton Rouge and New Orleans, and focused on the state's potential to contribute to the offshore wind supply chain. A recent analysis highlighted that more than 125 Louisiana businesses are poised to produce components for offshore wind turbines, underscoring the state's readiness to support this emerging industry. Educational institutions in Louisiana are developing programs to prepare the workforce for opportunities in offshore wind, and a statewide offshore wind supply chain study, endorsed by the Louisiana Legislature, has been announced and aims to map out Louisiana's strategy to maximize its role in the offshore wind industry. ●

Martco LLC to Modernize OSB Plant

Martco, LLC, the parent company of RoyOMartin, will invest more than $30 million to modernize its oriented strand board plant in Allen Parish, with new technologically advanced production equipment. The expansion is expected to retain the plant's 232 full-time employees and create an additional 600 indirect jobs in the state. The project aims to improve product efficiency and meet growing market demands and was made possible by a performance-based Retention and Modernization Grant from Louisiana Economic Development. ●

MISSISSIPPI

Mississippi to Expand Electric Vehicle Charging Infrastructure with $50 Million Federal Investment

Currently the state with the lowest number of public electric vehicle (EV) charging stations per capita in the U.S., Mississippi is set to expand its infrastructure with a $50 million boost from the Infrastructure Investment and Jobs Act. The state has only 145 charging stations, significantly below the national average. The Mississippi Department of Transportation (MDOT) plans to use the federal funding to add approximately 30 new stations along the state's major highways by 2026 or 2027. The new stations, costing between $500,000 and $1.5 million each, will be strategically placed along key interstates with requirements for spacing and accessibility. MDOT is in the process of issuing requests for proposals, with the first round expected to conclude by mid-2025. ●

Mississippi's Golden Triangle Regional Airport Unveils First Electric Aircraft Charging Station

Golden Triangle Regional Airport in Mississippi, in collaboration with Avflight and Beta Technologies, has introduced the state's first electric aircraft charging station. The charging station is designed to accommodate various aircraft models, not limited to those manufactured by Beta, thereby enhancing the airport's versatility. The facility features two chargers: a level 3 fast charger for aircraft within a secured area and a level 2 charger for electric ground vehicles accessible to the public. Beta Technologies also offers a mobile app for easy interaction with both chargers. The charging station can fully charge Beta's prototype aircraft, the ALIA CTOL, in about an hour, offering a cost-efficient alternative to traditional aviation fuel. ●

ALABAMA

Florida is home to many conferences. Here are a few that may be of interest to Specifier readers.

NORTH AMERICAN HAZARDOUS MATERIALS MANAGEMENT ASSOCIATION SOUTHEAST CHAPTER CONFERENCE

When: May 6-9, 2024

Where: Embassy Suites by Hilton Tampa USF Near Busch Gardens, Tampa

The North American Hazardous Material Management Association (NAHMMA) is a professional organization dedicated

Fuel Spill from Overturned 18-Wheeler Causes Environmental Damage in Birmingham

On March 2, an 18-wheeler transporting 7,500 gallons of gasoline overturned on Interstate 59 in northeast Birmingham after hitting a guardrail, subsequently being hit by an SUV, which intensified the accident. According to emergency management officials, the crash led to approximately 2,100 gallons of gasoline and diesel spilling into a nearby grassy embankment and a significant quantity entering Village Creek via a drainage outlet, causing a considerable fish kill in the area. ●

Home Explosion Linked to Mining Activity

where Crimson Oak Grove Resources, LLC, had scheduled mining activities. An investigation linked the incident to the mining operations beneath their home, leading to a lawsuit by the family against Oak Grove Mine, its parent company, and a contractor for their roles in the tragedy. The event has prompted community concern over the mine's impact, including disruptions like the closure of a local park and fuel shortages at gas stations. Before the March 8 explosion, the Oak Grove mine was cited by the Mine Safety and Health Administration (MSHA) at least 160 times for significant safety violations, indicating a high likelihood of serious injury or illness. In 2015, a methane gas buildup led to a mine evacuation, and since August 2022, there were five incidents of gas or dust ignition. Following the explosion, MSHA issued 107 violations against Oak Grove, 40 of which were significant, covering a range of issues from inadequate miner training and safety measures to insufficient fire suppression and the dangerous accumulation of combustible materials within the mine. ●

NASA Drafts Environmental Assessment of Marshall Space Flight Center's Impacts

The National Aeronautics and Space Administration (NASA) has prepared a Draft Environmental Assessment (EA) that analyzes the environmental impacts of implementing continuing and future mission support activities at the Marshall Space Flight Center (MSFC) in Huntsville, according to news reports.

The EA evaluated the potential environmental effects associated with a host of factors, ranging from air and water quality and pollution to geology, hazardous materials, transportation, utilities, and other areas.

The EA found that the Proposed Action would not result in, or contribute to, significant impacts to any of these resources. ● In early March, a tragic explosion destroyed a home near Adger, critically injuring both and resulting in one death. The explosion occurred above a section

to pollution prevention and reduction of hazardous materials entering municipal waste streams from households and small businesses. Our annual NAHMMA Southeast Chapter Conference is a critical networking opportunity bringing together hazardous waste professionals, buyers, and industry leaders from municipal HHW collection programs and SQG programs from the Southeastern United States.

https://nahmma.org/meetinginfo. php?id=176&ts=1700608174

PFAS FORUM IV

When: May 28-30, 2024

Where: Rosen Centre Hotel, Orlando

The PFAS Forum IV is being organized to provide an understanding of the environmental issues related to PFAS, educate the environmental/remediation industry and regulatory community on the potential risks from PFAS, as well as discuss regulatory and legal issues, monitoring, treatment, cleanup and disposal technologies. https://pfasforum.org/

38TH ANNUAL ENVIRONMENTAL PERMITTING SUMMER SCHOOL

When: July 16-19, 2024

Where: JW Marco Marriott, Marco Island

The 38th Annual Environmental Permitting Summer School will be held in Marco Island, Florida July 16th -19th, 2024. The 2024 EPSS will bring public and private professionals together for unparalleled leadership and professional development, networking, and best-in-class programming you won’t want to miss!

https://www.floridaenet.com

48TH INTERNATIONAL TECHNICAL CONFERENCE ON CLEAN ENERGY

When: July 16-19, 2024

Where: Sheraton Sand Key, Clearwater

Highlights of the Clearwater Clean Energy Conference:

• Topics are highly relevant and advanced;

• Science and Technology driven;

• Aimed at Clean Energy Supply;

• Attendance can be actual or virtual;

• Prime location;

• Reasonably priced;

• Participants are highly qualified and from many countries with 40% of the papers coming from China, Australia, Canada, Sweden, Japan, Greece, Germany, Poland, Thailand and India.

https://clearwatercleanenergyconference. com/

3RD ANNUAL FLORIDA RESELIENCE CONFERENCE

When: September 11-13, 2024

Where: Hyatt Regency Coconut Point, Bonita Springs

The conference offers discussions on Florida's resilience programs, including beach management, energy, and infrastructure, with insights from officials and experts. Attendees can network and gain knowledge on climate change impacts.

https://www.floridareselienceconference. org

Florida-Friendly Landscaping: Your Questions Answered

By KATHERINE MUNSON

Q: What is Florida-Friendly Landscaping™?

A: Florida-Friendly Landscaping™ is a set of nine guiding principles which help protect natural resources and preserve Florida’s unique beauty. A Florida-friendly landscape is beautiful yet saves water and protects the environment too.

Q: What are the nine guiding principles of FloridaFriendly Landscaping™?

A: The nine guiding principles of Florida-Friendly Landscaping™ are right plant, right place; water efficiently; fertilize appropriately; mulch; attract wildlife; manage yard pests responsibly; recycle yard waste; reduce stormwater runoff; and protect the waterfront.

Q: What does a Florida-friendly landscape look like?

A: Florida-Friendly Landscaping™ is about matching the right plant with the right place and providing the right care at the right time. Well-designed Florida-friendly landscapes look vibrant and attractive, while using less water, fertilizer and pesticides. A typical Florida-friendly landscape provides a diversity of vegetation appropriate to the conditions of a yard or site and may include turfgrass and landscaped beds with trees, shrubs, grasses and groundcovers.

Q: Why doesn’t the Florida-Friendly Landscaping™ Program promote using only native plants?

A: The Florida-Friendly Landscaping™ program emphasizes always matching the right plant with the right place, regardless of whether it is native or not. A plant’s native status does not automatically mean it will thrive in all parts of Florida, especially in developed urban environments.

Q: Can my Homeowners Association prohibit me from using a Florida-friendly landscape?

A: You can learn more on incorporating Florida-Friendly Landscaping™ into deed-restricted communities in the “Community Association Kit” at ffl.ifas.ufl. edu/community_association_kit.htm .

Q: Are rock yards recommended in FloridaFriendly Landscaping™?

A: Rocks, as well as the use of artificial turf and rubber mulch, increase heat and may result in loss of habitat, or in habitat that does not support wildlife and are not recommended. The Florida-Friendly Landscaping™ program recommends rocks or artificial materials be used sparingly in landscapes that have plants. They also can be used for accents around heat-tolerant plants and trees, in rain gardens, or to lessen the impact of rainfall from roof overhangs.

Q: Where can I find a list of Florida-friendly plants for my yard?

A: Check out the Florida-Friendly Landscaping™ Guide to Plant Selection & Landscape Design, which provides information on hundreds of plants. You can access a free PDF of the guide on the Southwest Florida Water Management District’s website at WaterMatters.org/ Publications. Printed copies may be picked up at a District office or your county’s Extension office. You can also access the Florida-Friendly Landscaping™ Plant Guide online at ffl.ifas.ufl.edu/plants or by downloading the free app on your smartphone. ●

Katherine Munson is Lead Communications Coordinator at the Southwest Florida Water Management District.

WHAT THEY ARE SAYING: Environmental Leaders Applaud Governor Ron DeSantis Signing Legislation to Dedicate Gaming Compact Revenues to Preserve and Protect Florida’s Environment

On April 4, Governor Ron DeSantis signed Senate Bill 1638 into law, which directs 96% of the revenue generated from the Seminole Tribe Compact to fund flood control and water quality improvement infrastructure and the continued acquisition and management of Florida’s conservation lands.

Read what environmental leaders are saying about this landmark environmental protection legislation:

“With this dedicated funding, Florida will continue to make impactful strides in protecting our environment. I am looking forward to continue to work alongside our stakeholders to build a better, more resilient future.” – Dr. Mark Rains, Chief Science Officer, State of Florida.

“When it comes to enhancing quality of life for Floridians, these supplemental revenues for flood protection infrastructure and the conservation and maintenance of our natural and working landscapes leave much less to chance. Governor DeSantis and the Legislature continue to deliver impactful investments that ensure the resilience of our communities and the sustainability of Florida’s natural resources.” – Dr. Wesley Brooks, Chief Resilience Officer, State of Florida.

“It's a historic moment for conservation in Florida and it's a privilege to have witnessed Governor DeSantis signing SB 1638 into law. The addition of these funds from the Compact, combined with consistent high-level funding for the state’s land acquisition programs, will serve as a lasting testament to our state leaders' unwavering dedication to protecting wild Florida and managing our outstanding natural resources. Together, alongside hundreds of partner organizations and in collaboration with our state agencies, we can accelerate the pace of conservation of the Florida Wildlife Corridor, ensuring its protection for generations to come.” –Mallory Dimmitt, Chief Executive Officer, Florida Wildlife Corridor Foundation.

“Investments in land acquisition, land management, and the Resilient Florida Program make long-term planning possible for Florida’s hardworking and highly knowledgeable land stewards. This unprecedented funding would afford our expert state staff the security they need to strategize future acquisitions and take care of our rare and sensitive conservation lands.” – Greg Knecht, Executive Director, The Nature Conservancy in Florida.

“Audubon applauds this Legislature's strategic investments in land conservation. Floridians intrinsically understand that everything from tourism to property values depend on healthy wildlands and watersheds. Florida's prosperity and quality of life is tied to these resources.” – Julie Wraithmell, Executive Director, Audubon Florida.

“Healthy habitats and waters are the key to healthy fisheries, for which Florida is renowned. Continuing the state’s leadership

under Governor DeSantis and the Florida Legislature, this legislation makes significant investments in our natural resources. Bonefish & Tarpon Trust is grateful for this continued and substantial support for land management and acquisition, resiliency, and water quality.” – Jim McDuffie, President and Chief Executive Officer, Bonefish & Tarpon Trust.

“We are thankful that Governor DeSantis and our state’s leadership continue to invest in Florida’s award-winning state parks. The funds generated from this legislation will support our world-class park staff in managing, protecting and improving of our natural resources.” – Kathleen Brennan, President, Florida State Parks Foundation. ●

DEP Designates Paynes Prairie Preserve State Park as State Geological Site

On April 11, the Florida Department of Environmental Protection (DEP) celebrated the designation of Paynes Prairie Preserve State Park in Micanopy, outside of Gainesville, as the eighth State Geological Site. Designated State Geological Sites are areas the Florida Geological Survey has determined to be significant to scientific study and the public's understanding of Florida's geological history.

Paynes Prairie Preserve State Park sits on top of the Ocala Limestone, a significant geological formation that plays a crucial role in Florida’s hydrogeology. The Ocala Limestone is porous and permeable, allowing water to move rapidly through the rock replenishing the upper Floridan aquifer that provides drinking water for millions of Floridians.

Naturally acidic rainwater, over geologic time, has dissolved away some of the Ocala Limestone creating many unique features in the park. Some of these features include sinkholes, springs, disappearing streams and large, shallow basins created by sinkhole activity called poljes.

Specifically, Alachua Sink, which extends for half a mile in the prairie basin, serves as a natural collection point for groundwater and provides a direct connection to the upper Floridan aquifer below.

“State Geological Sites are special places where visitors can learn about Florida’s fascinating geology and hydrology,” said Florida State Geologist and Florida Geological Survey Director Guy “Harley” Means, P.G. “They also provide opportunities to learn about our geologic past so that we can make informed decisions about our future.” ●

SFWMD Governing Board Proclaims April as Water Conservation Month

On April 11, the South Florida Water Management District (SFWMD) Governing Board proclaimed April as Water Conservation Month. This annual proclamation highlights SFWMD's continuing efforts to conserve water and ensure an ample supply now and in the future.

Florida has observed Water Conservation Month since 1998 to highlight how each of us can do our part, in the little ways and the big ways, to conserve water to make sure we all have enough.

Around 3 billion gallons of water are used every day in Central and Southern Florida by 9 million residents and visitors - for watering lawns, drinking and bathing, growing crops and servicing industries. Future water demands are projected to increase to approximately 4.1 billion gallons per day by 2040. One of the most effective ways to address increasing water needs is through

water conservation.

During Water Conservation Month, the SFWMD joins with local governments throughout our 16-county region to raise awareness about the importance of water conservation and the ways residents and businesses can reduce water use all year long.

With approximately 50 percent of residential water used for irrigation, it is important to irrigate efficiently. To promote more efficient irrigation and conservation, SFWMD passed a year-round Landscape Irrigation Rule that limits the days and hours allowed for landscape irrigation. The year-round Landscape Irrigation Rule is a component of the District's Comprehensive Water Conservation Program, which was established to encourage more responsible use of water resources throughout South Florida.

The SFWMD is also encouraging all local governments to adopt a local irrigation ordinance following the District's yearround rule restricting irrigation to two or three days. ●

Send Your Middle Schooler to a Weeklong Summer Camp to Dive into the Wonders of Waste

Middle school students are invited to participate in a one-week Reduce, Reuse, Recycle and Rethink (4R) adventure into the world of waste. The Solid Waste Authority of Palm Beach County’s 4R Ambassador summer camp runs June 3-7, from 8:30 a.m. to 4:30 p.m. daily.

Campers will engage in hands-on activities and field trips to learn all about the environment from an integrated solid waste perspective. Activities will include behind-the-scenes access, allowing them to explore:

• A home chemical and recycling center that collects hazardous materials

• A landfill and its planet-protecting construction

• The Recovered Materials Processing Facility (recycling facility), where recyclables are sorted and processed for market

• Renewable Energy Facility 2, where trash is turned into electricity

• A transfer station, where garbage and recyclables are moved from small curbside trucks to larger tractor trailers

• The SWA Greenway Trail System and its wild inhabitants

• Community partners, such as Resource Depot, Loxahatchee River District, and Grassy Waters Preserve

Students interested in the week-long summer camp must have:

• Completed grades 6, 7 or 8

• Minimum 3.0 GPA (transcript from school)

• Membership in a school club (Environmental, SECME, Garden, etc.) and a letter from its sponsor

• Recommendation letter from a science teacher

For more information, visit swa.org/4r, call 561-640-8949, or email education@ swa.org ●

March marks second consecutive month of below-average rainfall for the District

In March, rainfall across the St. Johns River Water Management District was slightly below the monthly average, with frontal systems being the main source of precipitation. Northern counties received the majority of the rain, while southern counties experienced drier conditions. Despite variations, overall rainfall across the District remains above the annual

average.

A comprehensive report outlining March’s hydrologic conditions was presented at the District’s Governing Board meeting on April 9, featuring the following highlights:

Rainfall

• Districtwide, March’s rainfall averaged 2.70 inches, just 0.77 inches below the monthly average.

• County-wide monthly rainfall totals ranged from a high of 4.80 inches in Nassau County, to a low of 0.86 inches in Brevard County.

• Over the past 12 months, the District has received above-average rainfall, with a cumulative total of 57.61 inches, surpassing the long-term average by 6.60 inches.

• County-wide totals varied between 53.37 inches in Alachua County to more than 63 inches in Volusia County.

Groundwater

• Upper Floridan aquifer conditions were varied but generally fell within the high or normal range by the end of March.

• Districtwide groundwater levels, expressed as a single index, fall within the 81st percentile, which is in the high range for this time of year.

Spring flows

• Silver Springs recorded a mean monthly flow of 697 cubic feet per second (cfs), or 451 million gallons per day (mgd), a 4 cfs decrease from February, falling just within the high range for this time of year.

• Blue Spring station in Volusia County reported a mean monthly flow of 153 cfs, or 99 mgd, within the normal range.

• Rock Springs experienced a slight decrease in mean monthly flow, just below the high range at 61 cfs (40 mgd).

• Wekiwa Springs exhibited a slight decrease, recording a mean monthly flow of 66 cfs (42 mgd), consistent with the seasonal norm. ●

Governor Ron DeSantis Highlights Funding for Land Conservation and Red Tide Mitigation

On April 23, Governor Ron DeSantis highlighted $100 million in funding for the Florida Wildlife Corridor as appropriated in Senate Bill (SB) 1638, which the Governor signed earlier this month.

Additionally, the Governor signed House Bill 1565, the Florida Red Tide Mitigation and Technology Development Initiative, which removes the sunset provision of the initiative and directs the Department of Environmental Protection (DEP), the Florida Fish and Wildlife Conservation Commission, and MOTE Marine Laboratory to continue to coordinate efforts to innovate technologies to address the impacts of red tide on Florida.

“I am proud of our investments in land conservation to conserve and connect Florida’s natural landscapes, preserve working lands, and provide for the safe passage of Florida’s endangered species,” said Governor Ron DeSantis. “I am also happy to sign legislation continuing research efforts to mitigate the impacts of red tide and preserve our coastal communities and working waterfronts.” ●

Texas, Kentucky Rulings Impact Florida on Greenhouse Gas Transportation

By STAFF REPORTS

Two separate judges — one in Texas and one in Kentucky — ruled in recent months that the Biden administration lacked authority to require states to set, and subsequently track and report, declining greenhouse gas emission targets for vehicles using the national highway system. More than 20 states, including Florida, had signed on to a lawsuit fighting a rule proposed by the Federal Highway Administration (FHWA), according to multiple news reports.

A federal judge in Kentucky ruled in favor of more than 20 states in a lawsuit against the FHWA that the agency’s rule lacked a statutory basis and was invalid. The ruling came less than a week after a Texas federal judge made a similar ruling in a case filed by the State of Texas against the U.S. Department of Transportation (USDOT). The FHWA exists within the USDOT.

Those fighting the rule claimed victory.

“In the Court’s own words: “A tailpipe emissions reduction forced on states under the guise of highway planning is just another example of a regulatory elephant squeezed into a statutory mousehole,” said Florida Department of Transportation (FDOT) Secretary Jared W. Perdue on X, formerly Twitter. “FL will always fight against unlawful federal overreach.”

The FHWA published the final rule in December and was immediately challenged by several states. It would have required states to measure greenhouse gas emissions from vehicles on the national highway system, establish individual targets to reduce those emissions and report on progress to achieve them, according to news reports. The agency’s argument for the rule was based on a statute that al-

Tracking

lowed the agency to develop measures that state departments of transportation could use to grade the national highway system's performance.

In Florida, that would have meant FDOT measuring greenhouse gas emissions over more than 1,600 miles of transportation from Pensacola to Miami.

The Kentucky Judge, Benjamin Beaton, declared the rule to be arbitrary and capricious in a declaratory judgment. He gave the parties 21 days from April 1 to address the need for additional relief.

"If the Administrator were allowed to

Florida's National Highway System 7/6/2023

shove national greenhouse-gas policy into the mouths of uncooperative state Departments of Transportation, this would corrupt the separation of sovereigns central to our lasting and vibrant system of federalism," he wrote in his judgment.

In its rule, the FHWA argued that the changes would assist with a reduction in climate change threats.

“The GHG measure will help the United States confront the increasingly urgent climate crisis,” the rule states. “Changes in extreme events, along with anticipated future increases in the occurrence and severity of these events because of climate

change, threaten the reliability, safety, and efficiency of the transportation system and the people who rely on it to move themselves and transport goods. At the same time, transportation contributes significantly to the causes of climate change, representing the largest source of U.S. CO2 emissions, and each additional ton of CO2 produced by the combustion of fossil fuels contributes to future warming and other climate impacts.”

It's unclear what remedies may come from the parties’ discussions about additional relief or if the Biden Administration may appeal or seek other remedies. ●

2024 Environmental Report Highlights Everglades Restoration Progress

By BLANCHE HARDY

The South Florida Water Management District (SFWMD) recently released its annual 2024 South Florida Environmental Report (SFER), underscoring Everglades restoration and water quality progress across Central and Southern Florida.

This year’s SFER notes record hydration and improvement of water quality, significant momentum for sending more water south, groundbreakings and ribbon cuttings of major Everglades restoration projects, and other important milestones for the resiliency of the region’s water resources and ecosystems.

The 2024 SFER also contains documentation on restoration, scientific and engineering accomplishments over the past year in the Kissimmee Basin, Lake Okeechobee, the Everglades and coastal areas. The report details Water Year 2023 (May 1, 2022–April 30, 2023) and SFWMD Fiscal Year 2023 (Oct. 1, 2022–Sept. 30, 2023).

The three-volume report includes findings derived from regional monitoring and research projects, highlights key financial information during the 2023 Water Year

reporting period, an annual update on the project status during Fiscal Year 2023 and planning for Fiscal Year 2024 for the ten annual reports required of all water management districts and reporting and fulfilling various state and federal permit-related reporting requirements. Among the reports highlights detailed by the District and partners is progress on the Caloosahatchee (C-43) reservoir. A newly completed pump station will move water from the Caloosahatchee River (C-43 Canal) into an 18-square-mile reservoir helping to reduce harmful flows of water from reaching the downstream Caloosahatchee Estuary.

The Caloosahatchee Reservoir provides water storage and supports appropriate salinity levels in the Estuary. The reservoir will reduce flows from Lake Okeechobee and the local watershed during the wet season and will provide beneficial freshwater flows to the estuary during the dry season. The structure will hold approximately 170,000 acre-feet of water equivalent to roughly 55 billion gallons. SFWMD reports the reservoir is expected to begin initial operations in 2025.

The Taylor Slough Flow Improvement Project in Everglades National Park is complete and will increase the flow of

clean, fresh water through the park and into Florida Bay. Fresh water is needed to balance salinity levels and promote ecological health. The Taylor Slough Flow Improvement Project was completed in just four months. The project included the installation of 18 culverts at nine locations along a 3.2-mile section of Old Ingraham Highway in the southeastern part of Everglades National Park. The resulting distribution of freshwater flow will restore natural plant communities and wetlands. Taylor Slough has historically been a major contributor of fresh water to Florida Bay.

The District broke ground on the Biscayne Bay Coastal Wetlands (BBCW) Project - Cutler Wetlands Component. Construction began on the Cutler Flow Way Phase 1 Pump Station S-701. Upon completion, the S-701 Pump Station will deliver fresh water from the C-1 Canal to rehydrate coastal wetlands of Biscayne Bay.

The project will improve coastal resiliency and water quality in this area of Miami-Dade County. The Cutler Wetlands Component is the final component of the Biscayne Bay Coastal Wetlands Project. All components of the BBCW Project are expected to be complete by 2026.

The Lake Okeechobee Watershed Restoration Project (LOWRP) is also making progress, according to the District. SFWMD conducted a Feasibility Study for the North of Lake Okeechobee Storage Reservoir (LOCAR) Section 203 Study. The Feasibility Study explored opportunities for aboveground water storage north of Lake Okeechobee with an estimated water storage capacity of 200,000 acre-feet. The study area covers a large portion of the Lake Okeechobee Watershed north of Lake Okeechobee and will provide ecological benefits to the lake and the northern estuaries.

The reservoir is intended to store excess water in the northern watersheds and release the excess water at times when it is beneficial for the region. This increased storage capacity will reduce the duration and frequency of both high and low water levels in Lake Okeechobee. With these improvements to Lake Okeechobee levels, the reservoir will help reduce the likelihood of harmful discharges from Lake Okeechobee to the northern estuaries sensitive to algal blooms. ●

DISCUSSING FLORIDA'S ENVIRONMENTAL FUTURE