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As we approach the end of our Section’s twenty fifth
anniversary year, I’m delighted to share with you some personal
observations about the Section’s birth and formative years.
In the early and mid 1970s, a tsunami of new
environmental and growth management legislation swept over Florida.
The Florida Environmental Land and Water Management Act, the Water
Resources Act, the Environmental Protection Act of 1971, the State
Comprehensive Planning Act, the first local government comprehensive
planning legislation and property rights protection legislation were
all enacted.
Not content with developing a significant new body of
law, policy makers also reorganized state environmental agencies and
created new agencies to provide additional oversight and regulation.
Few people recognized what an extraordinary moment it
was for Florida. A new course was set for the state and a framework
for environmental protection and growth management was crafted for
decades to come. There were few polestars, precedents or models. And
many concepts were cut from new cloth. One thing was clear though –
Florida’s future had changed and the state was about to embark on an
evolutionary policy development process that would impact all of its
citizens, including the Bar.
In 1973 an informal, ad hoc group of attorneys began
discussing the need to define, refine and ensure effective
administration of the new laws. In time, we concluded the Florida Bar
should formally recognize the maturing legal discipline.
Later that year, the Florida Bar Environmental Law
Committee was created to service and help shape the new practice area.
Forming this committee was an important first step, but our goal was
to achieve section status.
In the summer of 1976, we filed our petition to create
an environmental law section. We believed section status would elevate
environmental law issues and help attract top legal talent to work on
them. Not all of our colleagues shared this view. In fact, the Bar’s
Board of Governors received our petition with considerable initial
skepticism.
The Board had several concerns. Few members were
familiar with the subject. Though environmental awareness was
increasing, environmental law was breaking new ground and few
precedents had been established. Some questioned whether environmental
law was a solid discipline. Others believed environmental and land use
issues would be best addressed by existing sections and committees.
And, some Board members didn’t approve of our aggressive efforts to
gain section status; it was very “un-bar like.”
In November 1976, I presented our petition to the
Board. Though we were advised to prepare for an informal discussion
with the Board, the discussion was contentious. The Local Government
and Administrative Law Sections opposed section status. They objected
primarily on the grounds we would raid their ranks and duplicate
significant parts of their mission.
But our arguments for section status were compelling.
The rapid development, dramatic growth and high visibility of
environmental and land use law were strong motivants for the Bar to
recognize and devote resources to this increasingly important practice
area.
And the Environmental Law Section of the Florida Bar
was born with 400 eager members.
Because we were new, we were able to define our
mission, goals and principles, and working process. In these early
years, the section developed its own personality and characteristics
that endure today.
We embraced an “open arms policy” and encouraged broad
participation in all section activity. We sought out fresh, diverse
views. We recruited hard to ensure that all points of view – from
across the state – were represented on the Executive Council. And we
actively recruited new members to serve on the Executive Council and
continued to benefit from the participation of former section chairs
as ex-officio Executive Council members.
Intellectual vigor has always been a core value. We are
committed to provide a superior written product, and this is reflected
in our first environmental handbook, and later in the manual,
treatise, newsletters and Bar Journal columns. The competitive Maloney
Writing Competition has helped attract law student interest to
environmental law. We continue to offer outstanding continuing legal
educational opportunities, workshops and seminars.
I am proud that our section has been built on a spirit
of meritocracy. For twenty-five years, talented people have ascended
the leadership ladder through hard work on section committees and
projects, not through popularity or political clout. And fortunately,
our section work has been ably managed and enhanced by a team of
extraordinary Florida Bar administrators, most recently Jackie Werndli.
Today, we have more than 2,000 members, including a
significant number of non-lawyer affiliates. Our practice touches many
disciplines. We benefit from the expertise and perspective of
engineers, scientists, planners and economists. And these contacts
have enabled us to build section membership with professionals from
related professions. They have enriched our section.
The breadth of our practice also offers special
opportunities to cross market. Rather than pirate their members, we
share 372 members with the Administrative Law Section and 537 with
Local Government.
In the past twenty-five years we have accomplished
much. And we are much more specialized. Consider these bench-marks.
The first Environmental Law Section handbook comprised seven chapters
that addressed federal and state regulatory programs, litigation
techniques and the administrative process. It had ten authors, two
hundred pages of text and an appendix. Today, our handbook is a three
volume treatise – thirty chapters, 1600 pages, forty subjects, 122
authors – and available on CD-ROM. Yes, we are more specialized and we
will become even more specialized as our area of law continues to
evolve.
And our practice area is more complex. Complexity
presents tremendous practice opportunity. But attached to this
opportunity is an even greater responsibility to reach out to our
communities and schools and to elected and appointed officials to
explain the relevance and importance of environmental and land use law
and new policy initiatives.
I am proud that Florida has been on the front line of
environmental law and growth management policy innovation since the
early 1970s. And our section members have contributed strongly. Your
work has had a tremendous impact on the Florida we live in today – and
will live in tomorrow. The cases and decisions our members participate
in, the work we do every day, will continue to have a lasting impact
on our quality of life, as well as our grandchildren’s. This, rightly,
is the finest anniversary gift one could ask for. Happy silver
anniversary, ELULS.
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