As part of the 1997 celebration
of the twenty-fifth anniversary of the section we have complied all the
annual reports of the Section Chairs into this written history of section:
1972-73:
The Environmental Law Committee is created. Chairman Wade L. Hopping.
1973-74:
There have been three principal areas of activity by the 1973-74 Environmental
Law Committee to date.
AREA
I: Regular monthly articles have been submitted by committee members to
the Bar Journal for publication under the monthly byline: "Environmental
law Notes." Some of the articles have been simply composite reports,
while others have been somewhat scholarly and focused on a particular aspect
of environmental law. It is our hope that this regular feature can become
a permanent part of the Bar Journal.
AREA
II: Regional seminars have been planned, for the benefit of principally
the attorneys from smaller counties and cities who might not otherwise
have an opportunity to come in contact with the new environmental legislation
(such as Ch. 380, F.S.) and who might benefit from a familiarity with the
legislation. To date, the first such seminar has been held, under the auspices
of Committee Vice-Chairman Guy Emerich of Punta Gorda.
AREA
III: We are in the process of assembling a looseleaf notebook that hopefully
will contain references to and descriptions of most of the federal and
Florida legislation and administrative rulings governing environmental
law. This notebook, we hope, might eventually serve as a "central
clearing house" for attorneys who need a reference to statutes or
rulings that might affect particular problems that they are handling.
In
addition, the committee planned a second general meeting for late March
to hear presentations from speakers pro and con regarding the anticipated
Wetlands Legislation.
Jerry
W. Gerde, Chairman.
1974-75:
The Environmental Law Committee, recognizing the need to provide information
to members of the Bar regarding environmental law, sponsored a series of
seminars throughout the state. Each meeting of the Environmental Law Committee
was utilized for the purpose of enabling practitioners to keep up with
the ever changing state and federal regulations applicable to the environmental
law practice.
Set
forth below are the seminars which were sponsored by the committee:
1.
The Orlando Seminar on State Environmental Laws Regulating Water Quality
and Water Management. This seminar was held at the meeting on October 25,
1974. Speakers Ross A. McVoy, general counsel for the Trustees of the Internal
Improvement Trust Fund, James Brindell of the Department of Pollution Control,
and Ralph Bogardus of the Central and Southern Florida Flood Control District.
The purpose of the meeting was to enable members of the committee and other
interested guests to obtain an analysis of the function of the Trustees
of the Internal Improvement Trust Fund, the Department of Pollution Control
and the Flood Control Districts. Representatives of each of the agencies
discussed the agency jurisdiction, the statutes pursuant to which their
agency operated and answered specific questions from the audience.
2.
The Tallahassee Seminar on State Environmental Agencies. This seminar was
held on February 13 and 14, 1975, and was cosponsored by state agencies.
It was a two-day in-depth presentation of an analysis of the state environmental
regulatory agencies, the laws and rules and regulations pursuant to which
they operate and the policies and goals. The seminar was organized by Kenneth
Hoffman of the Attorney General's office. Subsequent to the initial address
by Attorney General Robert Shevin, there was an analysis of each agency
by either the executive director or the executive director's representative
and the staff counsel. This enabled an understanding of not only what the
purpose of the agency was as determined by the applicable laws, but also
gave those in the audience an insight as to how the agency operated, how
its decisions were made and its policies were implemented. Because of the
way in which the seminar was structured by Kenneth Hoffman, there were
lectures not only from attorneys, but from scientists and administrators.
This seminar resulted in a unique understanding of the interrelationship
of the functions of the attorneys and the environmental experts working
with the various agencies.
3.
The Miami Seminar on Private Compensation in Oil Spill Situations was held
on February 26, 1975. Speaker was Thomas R. Post, attorney and port warden
for the Port of Miami. This was an excellent presentation, not only of
the history of the common law, but the current statutory laws relating
to oil spills.
4.
The Amelia Island Federal Environmental Laws Seminar. This seminar was
held at Amelia Island on May 16 and 17, 1975, and involved an analysis
of the applicable federal laws with an emphasis on those laws regulating
air and water quality, the role of government in planning decisions and
the federal land use legislative proposals. Among the speakers were Assistant
Secretary of HUD and director of the New Communities Program, Otto Stolz;
Colonel Emmett C. Lee, Jr., of the Army Corps of Engineers, Jacksonville
District; Orin Briggs of the Regional Office of the Environmental Protection
Agency; Vance Hughes, counsel for the Environmental Protection Agency in
the Holland decision (a major decision interpreting the Federal Water Pollution
Control Act); and Daniel O'Connell, past executive director of the Florida
Environmental Land Management Study Commission.
In
addition to the seminars, the committee sponsored the publication of the
Environmental Law column in the Florida Bar Journal. Arthur Harper, editor
of the column, did an excellent job in insuring that there were a series
of excellent and highly topical articles regarding environmental law.
The
committee also wishes to thank Linda Yates for her cooperation in connection
with the Journal publication and Debbie Ginn who assisted with the seminars.
Joseph
Z. Fleming, Chairman.
1975-76:
Arthur L. Harper, Jr. is elected Chairman of the Section.
1976-77:
Robert M. Rhodes is elected Chairman of the Committee. The Florida Bar
elevates the Committee to a Section of the Bar: "The Environmental
Law Section". The Section publishes a formal newsletter.
1977-78:
Frank R. Mastriana is elected Chairman of the Section.
1978-79:
The Environmental Law Section has conducted two seminars so far this year.
One dealt with the federal air emission and wastewater discharge permit
systems, noise pollution, and economic assessments of environmental impacts.
The second one focused on ocean and coastal law developments related to
mining, oil exploration and spills, and coastal zone management. A third
seminar is scheduled for June, and will address scientific and technical
issues, as well as provide an update on Florida environmental legislation
enacted during the 1979 session.
The
section has completed a revision of the practice manual entitled Environmental
Regulation and Litigation in Florida, and continues publishing articles
in the section column of The Florida Bar Journal. Two meetings of the Executive
Council have been held, and a third meeting of the council, along with
a section meeting is scheduled for the Bar convention in June.
Jim
Brindell, Chairman.
1979-80:
The goals of the Environmental Law Section for 1980 were: (1) to reintroduce
the section newsletter, (2) to improve and update the CLE manual, Environmental
Regulations and Litigation in Florida, and (3) to upgrade the quality of
the seminar materials and presentations.
To
date, the section has presented two seminars, both of which have received
positive comments from attendees and members of the Bar staff. Recent comments
have been that materials furnished at the seminars, in particular the Industrial
Site Development and Location seminar, were of superior quality, equal
to or better than materials received at seminars on the national level.
These seminars have been under the supervision and direction of education
chairman, H. Gerald Reynolds, environmental counsel, Jim Walter Corporation.
Prior to each seminar, a faculty meeting was held to discuss the presentations
in order to avoid duplication and to ensure that each presentation was
of maximum benefit for the time allotted. It was the goal of the section
this year to avoid duplication of speakers, seek speakers on a national
basis wherever appropriate and to encourage involvement by section members
who had not previously participated in education programs. The final seminar
will be at Amelia Island Plantation and will be an update of all major
areas of environmental law including the most recent enactments the Florida
Legislature.
The
newsletter was revived this year. Under the co-editorship of Clifford Schulman
and Judy Smith Kavanaugh, three regular issues of the newsletter are planned
for 1980. To date, two issues have been published and the third was due
for publication in late May. In addition, under the editorship of Tom Cloud
a special issue of the newsletter was published in early April reporting
on the Capital Governor's Resource Management Task Force Report. Special
thanks go to Lynn McFarland, staff artist on The Florida Bar staff, whose
help has been invaluable.
The
Environmental Regulations and Litigation in Florida handbook is being revised
under the editorship of Rob Rhodes. This is a continuing project designed
to provide continuity in the publication. The goal is to establish an outline
of materials that may be used each year.
An
effort was also made to maintain liaison with the Board of Governors. This
goal was accomplished through the efforts of Hugh Glickstein, the Board
liaison for the section, who closely monitored section activity.
The
section did not make an effort to have its annual meeting at the Bar Convention
in June because of historically poor attendance. In the future, the section
will study returning the meeting to the Bar Convention.
The
final goal was to continue quality articles in The Florida bar Journal.
Under the editorship of Bob Martin, the section has presented in each issue
of this year' Florida Bar Journal an article of interest for section members.
Editor Martin has made special efforts to work with authors to ensure readability
and correctness of citations.
Ross
McVoy, Chairman.
1980-81:
In 1980-81 the Environmental and Land Use Law Section continued to operate
at the high level of activity established during the previous year. The
year began in July 1980, with an Environmental Law Update program at Amelia
Island. The seminar drew one of the largest groups ever to attend a section
program, and all who were there agreed that future year's programs should
be continued to be offered, at comparable locations, to review the major
development in environmental law and legislative changes during the past
year.
The
goals for the section for 1980-81 were: (1) To continue publication of
the section newsletter;
(2)
To improve the CLE manual, Environmental Regulation and Litigation in Florida;
(3)
To offer CLE seminar programs which would cover both basic and advanced
environmental law problems;
(4)
To offer a workshop series, limited to section members, which could cover
detailed environmental and land use subjects which might not be appropriate
for coverage in a traditional CLE format;
(5)
To initiate section involvement in legislative revisions and administrative
rule making; and
(6)
To secure board of Governors approval for a change in the name of the section
to the Environmental and Land Use Law Section.
The
newsletter which was revived last year has continued publication. Two of
three regular issues have already been published with a third to be published
in late June. A possible special issue including materials presented at
a section seminar is under consideration. Under the co-editorship of Judy
Kavanaugh and Tom Cloud, the newsletter has continued to cover developments
at both the state and federal level, as well as to consider local environmental
land use and permit requirements.
The
Environmental Regulation and Litigation in Florida handbook was revised
extensively last year, and further expansions and revisions are being handled
under the editorship of Cliff Schulman. In addition to supplementing and
updating the annual volume, Schulman has arranged with Pam Pierce for editing
the manual; he plans to publish the handbook in hardbound form, similar
to most other Florida Bar CLE manuals. By providing an index, expanded
table of contents and a hardbound form, Schulman and his committee sought
to establish an outline of materials that would be more useful to members
of the Bar.
Under
the supervision and direction of CLE chairman Robert L. Rhodes, the section
has presented two outstanding CLE programs thus far, and is planning a
final update seminar to be held at Sanibel Island in July. The October
1980 program on Water Law, and the March 1981 seminar on Basic Environmental
and Land Use Law drew better attendance and more favorable evaluations
than prior years' offerings. It was the section's goal to include prominent
national speakers, persons who were qualified in the technical aspects
of these problems, and those who have not necessarily been involved in
prior CLE programs. In all three respects, Rhodes and his steering committee
members have far exceeded those goals. In the development of these programs,
Rhodes was ably assisted by H. Gerald Reynolds, who was not only chairman-elect
of the section, but also the chairman of last year's education committee.
Recognizing
that the budgetary and time constraints of traditional CLE courses might
limit section educational opportunities in significant areas of environmental
and land use practice, the section this year undertook to develop a workshop
series of programs, following a format which as been successfully used
by other sections of the American Bar Association. The workshops were established
to provide a small group with an opportunity to examine, in detail, subjects
which might otherwise not be covered. Workshops have been available only
to section members, and the limitation on enrollment has allowed for more
extensive dialogue among participants than at usual CLE courses. The first
workshop in February 1981, covered hazardous waste management and was jointly
sponsored by the section and the Florida State University Institute of
Science and Public Affairs. The second workshop, covering sewage treatment
and wastewater disposal, was offered in May. A third workshop planned as
a part of the section program at the 1981 Bar Annual Convention will cover
dredge and fill requirements and the process for determining dredge and
fill jurisdiction. Particular thanks for the success of this workshop series
should go to Gerre Reynolds, Sam Owens and Tom Cloud.
The
section has undertaken a preliminary involvement in reviewing and recommending
revisions to administrative rules. A committee, chaired by Paul Amundsen,
has begun work with the Department of Environmental Regulation to review
and consider revisions to Chapter 17-4 Florida Administrative Code.
At
the annual meeting last year, section members approved a change in the
section name to the Environmental and Land Use Law Section. This was done
to reflect the changed nature of practice for most of the section membership.
In March 1981, this change was approved by the Board of Governors effective
immediately. Special thanks go to Judge Hugh Glickstein, Board liaison
for the section, who worked with us in this change and keeping the board
informed continually of section activity.
The
section, although not holding an annual meeting at the Bar Convention in
June, is holding a joint luncheon with the Administrative and Local Government
Sections; the speaker will be David S. Broder, political correspondent
for the Washington Post. Following the luncheon the section will offer
an afternoon workshop on dredge and fill, followed by a reception.
Quality
articles for the section column in The Florida Bar Journal were published
throughout the year. Until we lost him to Pennsylvania and the Environmental
Protection Agency, editorial Chairman Bob Martin provided direction, readability
and interesting articles for each issue of the Journal.
The
section undertook to increase its membership this year, and membership
has expanded significantly in the last several months. Particular thanks
go to John Henry Wheeler, who has directed an extensive campaign which
has already brought new members and will bring in even more next year.
Last
year's chairman, Ross McVoy, was not allowed the luxury of retirement.
He has chaired a committee reviewing student articles in the Dean Frank
E. Maloney Memorial Writing Contest. The winning paper will be published
in The Florida Bar Journal, and the winner will be the guest of the section
at July's Sanibel Island Update Seminar.
All
of this was accomplished with the able assistance of the members of the
executive council. At the start of the year, I told the members of the
executive council that I expected it to be a working active council, and
most council members delivered even more than what was expected of them.
On
behalf of those who have derived benefits from belonging to the section
and participating in these programs and activities, I wish to thank all
of the persons who contributed to the success of the section for the year
1980-1981.
Roger
D. Schwenke, Chairman.
1981-82
The Environmental and Land Use Section is alive and well in The Florida
Bar - indeed, we have grown to some 700 attorneys. 1981-1982 was a very
active year on many fronts for the section.
Our
primary goal was to better educate section members in a constantly changing
area of the law. To accomplish that goal, section educational activities
were divided into CLE seminars and workshops. It all started with the Annual
Update Seminar in July 1981 at Captiva Island attended by over 150 lawyers.
The program was outstanding.
CLE
seminars were coordinated by CLE Chairperson Judy Kavanaugh and the CLE
Committee with three seminars planned for the year. The New Law of Hazardous
Waste Management seminar was held in St. Petersburg in November. While
attendance was poor, the quality of the program was very good. The second
seminar was Land Use Litigation, held in Sarasota in early April and sponsored
with the Local Government and Real Property Sections.
The
final seminar will be the Annual Update Seminar to be held in August at
Amelia Island. Credit for these fine CLE seminars should go to the CLE
chairperson and her committee, Bob Rhodes, Bill Earl, Cliff Schulman, Ross
McVoy, Boone Kuersteiner, Al Clark and John Hankinson.
The
section has continued its workshops also. These programs have limited attendance,
usually devoted to a specialized topic of interest to a smaller segment
of attorneys. Workshops in 1981-82 covered the following: storm-water regulation,
air permitting, basics in environmental law, sewage treatment, and case
studies. Some of the workshops were free to section members. The workshops'
chairman was Roger Schwenke, ably assisted by Cliff Schulman, Bill Green,
Debbie Malinsky, Tom Cloud, and Frank Schidman.
The
section has continued its tradition of excellent articles in The Florida
Bar Journal with Richard Hamann as editor. The lead article in the January
issue of the Journal contained the winning paper in the Dean Maloney Memorial
Writing Contest sponsored by the section. The contest is being held again
this year, under the direction of Paul Gougelman and Bob Rhodes.
The
section newsletter changed its name to the "Reporter." Two editions
have been mailed to section members with another issue due before the Bar
year is over. "Reporter" co-editors were Silvia Alderman and
Tom Cloud.
One
initial goal was to explore the feasibility of certification. At this time
we have not made much headway. The executive council members are currently
reviewing the certification procedure approved by the Florida Supreme Court
for the Trial and Tax Sections and are attempting to determine whether
there is enough interest in the section to pursue certification further.
The
section last year published a hardbound book entitled Environmental Regulation
and Litigation in Florida. This year a supplement is being prepared under
the editorship of Bill Register and an editorial board.
The
section has also assisted the Department of Veterans and Community Affairs
Bureau of Disaster Preparedness in developing a program on the legal aspects
of flood plain management. In May, Ross McVoy was to make a presentation
for the section at a circuit judges educational meeting being conducted
by the Florida State Courts Administrator's Office.
The
section was pleased to participate in other Bar functions. We were involved
in the Midyear Meeting and plan to be involved in the Annual meeting at
Disney World. Our activities at these conventions were chaired by Sam Owens.
In
conclusion, 1981-1982 has been a very active year in environmental and
land use law. We could not have accomplished the many achievements without
the assistance of Chairman-Elect Bob Rhodes and the executive council.
I have delegated projects freely to section members, and they have responded
in superb fashion. Our growth is directly attributive to this kind of effort.
Regardless
of what may be happening to environmental and land use law in Washington,
it is alive and well here in Florida!
H.
Gerald Reynolds, Chairman.
1982-83
Over the last year public attention has been called more and more to the
inter-related problems of environmental protection and land use management
and planning. Headlines tell the tale of contamination and potential contamination
of the nation's surface and ground waters. Recent newspaper articles have
questioned the ultimate fact of the Florida Keys under current land use
planning laws and regulations. At this writing, numerous pieces of proposed
legislation are being considered in Tallahassee designed to beef up Florida's
laws, especially in the area of ground water quality protection and hazardous
waste management. In addition, "blue ribbon" citizen panels are
grappling with issues concerning land development and population growth.
In
this setting, the Environmental and Land Use Law Section (ELULS) has continued
its long-term efforts to provide quality education to lawyers in the public
and private sectors engaged in the practice of environmental and land use
law. From the Annual Update Seminar at Amelia Island last August to the
Water Law Seminar in Ft. Lauderdale in April, members of The Florida Bar
were provided with the opportunity to obtain the most up-to-the-minute
practical and substantive training available in these areas. In addition,
the section's popular workshop program continued. Included in the workshop
presentations were a fundamentals course at the Mid-Year Meeting and an
innovative session for the "public interest" lawyer held in March.
In
addition to the seminars and workshops, the section also published the
1983 supplement to Environmental Regulation and Litigation in Florida,
the Florida practitioner's "Bible" in the area of environmental
law. Work has also started on an entirely new volume of this book, to be
issued in 1984.
Two
significant new programs were instituted during the 1982-83 section year.
A committee was appointed to develop a program to provide public information
concerning environmental and land use matters to lay citizens in the state.
The section hopes to develop an independent program in this area, as well
as to work with the existing public affairs programs of the state environmental
and land use agencies. Additionally, a committee has been established to
begin to address the question of alternative, nontraditional forms of resolving
disputes issues of a highly technical, scientific nature. The committee
will evaluate the propriety of the development of a "science court"
as well as the use of technical special masters and other alternative mechanisms.
1982-83
has been an exciting and challenging year in the environmental and land
use area. The ELULS, through the excellent work of members of its executive
council and many other sections members, has risen to the occasion and
met this challenge.
Robert
L. Rhodes, Jr., Chairman.
1983-84
This year has been one of new projects and a continuation of the hard work
put in by the section over the past years. This year the section established
and will award the first Judith Florence Outstanding Service Award in memory
of Judith Florence who served as the section's Bar staff liaison for several
years. Silvia Alderman and Cliff Schulman did an excellent job in setting
up the award, its rules and its administration and the section is very
proud of this effort.
Since
this will be an active year in the area of land use and environmental law
in the legislature, the section has been following prefiled bills as well
as the committee discussions on a variety of issues, including growth management
and wetlands legislation. The executive council has taken no position on
any of the bills, but through Terry Lewis and the section Legislative Review
Committee is keeping the membership apprised of significant developments.
The
Environmental and Land Use Law Section CLE program this year is particularly
ambitious. After a resounding success at the Annual Update in August, thanks
to last year's CLE Chairman Bill Green and the chairman of the Steering
Committee, Bill Earl, the section is literally in the black as far as CLE
programs for the year. In order to continue the CLE programs established
in past years, it was necessary for this year's CLE chairman, Roger Sims,
to ask the Bar CLE committee for an additional seminar date to permit a
Land Use Law Seminar to alternate with the Water Law Seminar. The committee
granted a request for a seminar date in May. The Workshop Committee, chaired
by Debbie Malinsky, had a very successful Wetlands Workshop, planned by
Doug Halsey in Tallahassee, and has two more workshops planned. These are
being coordinated with other programs planned by the section at the Bar
annual meeting and midyear meeting, chaired by Paul Grogelman. Sam Owens
and Alan Gold, working with the Public Information Committee, have arranged
with several professional groups for mutual educational programs. The section
goal has been to have an integrated comprehensive continuing legal education
program consisting not only of CLE seminars, but also workshops and other
presentations for section members.
This
year member participation has been greater than in any past year and all
of the section's committees are full. many of the committees, such as the
Public Representation Committee and the Law School Liaison Committee, are
in their initial year of organization, and will come back to the executive
council with a recommendation for future activities.
Other
established committees, including the Editorial Board of the Environmental
and Land Use Litigation Law Handbook and the Workshop Committees, have
been active this year. The Editorial Board, chaired by Tom Cloud, is reformatting
the handbook and streamlining it to make it the "primer" for
Florida environmental and land use law. Bob Wells, chairman of the Dean
Maloney Writing Contest Committee, got an early start setting up this year's
competition and the response has been good. The section publications, the
note in The Florida Bar Journal, edited by Bill Earl, and The Environmental
and Land Use Law Section Reporter, edited by Tom Pelham and Larry Smith,
have continued the quality the section expects and all contributing authors
should be congratulated.
In
conclusion, this has been a very successful year for the Environmental
and Land Use Law Section. The assistance I received from all of the executive
council members, and particularly from Chairman-elect Cliff Schulman and
Secretary/Treasurer Silvia Alderman, has been above and beyond the call
of duty, and all of the executive council, committee chairmen, as well
as many individual members of the section have contributed to make this
a very successful year in terms of continuing legal education and membership
services.
Judith
S. Kavanaugh, Chairman.
1984-85
At the beginning of my term of office as section chairman, I set three
goals to meet by the end of my short and hectic tour of office: (1) continue
and improve the section's educational programs; (2) increase section membership
to exceed 1,000 members; and (3) encourage and increase public interest
group representation in section activities. With our section year presently
in the third quarter, these goals are well on the way to being met or exceeded.
CLE
Co-chairmen Roger Sims and Al Malefatto have achieved particular success
in our educational programming for the year. Attendance at all CLE functions
has exceeded all expectations and attendee critiques have left no question
on the value of the programs and the excellent quality of speakers that
have significantly contributed to the programs' successes.
Membership
Chairman Doug Halsey has increased section membership to 921 members-representing
a substantial increase in section membership since the beginning of the
year. I am positive that our 1,000- member goal is well within reach by
year's end.
Our
Public Interest Representation Subcommittee has taken on new life and vitality
under the direction of Committee Chairman John Hankinson. We are most hopeful
that this committee will be able to meet and accomplish the goals and objectives
set earlier in the year so that the "public interest" sector
will received adequate representation and recognition in section activities
and governance.
In
other areas the section has begun to consider changes in long standing
section policies. For the first time, the section determined to approach
the Board of Governors for permission to advocate a position regarding
pending legislation dealing with funding needs of state environmental agencies.
In addition, our Technical and Scientific Subcommittee, headed by Jim Brindell
and Earl Gallop, is attempting to explore further legislative action in
the possible creation of an administrative procedure for the litigation
or arbitration of complex scientific or technical problems by qualified
scientists or other professionals. At present, a survey of the section
has been circulated soliciting the membership's views on such a legislative
amendment.
Our
section manual is also growing with the times and undergoing a metamorphosis
of sorts. Recognizing that our vistas have been expanded to include land
use law along with a traditional environmental law focus. Editor Tom Cloud
and his editorial board are hard at work creating a two-volume CLE manual
that will cover the waterfront (wetlands?) of both subjects. Volume I dealing
with Environmental Law and Litigation is scheduled for publication and
distribution at our Annual Update Seminar August 16-17 at Don Ce Sar Beach
Resort in St. Petersburg. This new format will include a totally new binder
system that, hopefully, will make yearly updates more convenient, less
expensive and more efficient for section members. Volume II dealing with
land use issues is scheduled for next year's distribution.
Clearly,
the fields of environmental and land use law have taken on new and expanding
dimensions in a relatively short span of years. Recent legislative changes
in 1983 and 1984 have indicated that the field will only expand even more
in the future and proposed legislative bills for 1985 confirm this trend.
I believe that prior leadership of the section has prepared us well for
these expanding vistas and I hope that this year's activities will be another
brick in an already firm foundation.
Clifford
A. Schulman, Chairman.
1985-86
The Environmental and Land Use Law Section has had another active year.
I am pleased to serve as chairman of the section during a time when it
is busier than ever. We have finally crossed the threshold of 1,000 member,
and were among the fastest growing sections in the Bar.
Stimulating
our section's growth is the issue of growth itself; Florida's new growth
management bill and the new administrative regulations which are being
promulgated have accomplished significant changes in most environmental
and land use laws, and there are more practitioners than ever before who
need to know about these changes.
Under
the leadership and planning of our CLE seminar co-chairmen, Al Malefatto
and Tom Pelham, our section has sponsored two seminars on enforcement and
water law, and cosponsored two growth management seminars with the Florida
State University College of Law. Our section will sponsor two additional
seminars on land use law and annual legislative update in May and August.
In addition, our CLE workshop chairman, Doug Halsey, has planned three
workshops dealing with public interest advocacy, environmental issues for
real estate lawyers, and the Marketable Record Title Act.
Perhaps
our section's greatest contribution to continuing legal education comes
from our complete redesign or the section's CLE manual. The manual will
be published in a looseleaf format with volume I devoted to environmental
law and volume II devoted to land use law. Volume II will be jointly sponsored
by the Real Property, Probate and Trust Law Section. Our CLE manual co-chairmen,
Tom Cloud and Jim Brown, have arranged for editorial support form the Stetson
University College of Law. This will result in a standardized looseleaf
format which will be edited in a consistent manner each year, and will
provide the practitioner with the leading authority on environmental and
land use law in the State of Florida.
I
am pleased to report that many of the public interest programs started
by our immediate past chairman, Cliff Schulman, have been expanded under
the quiet leadership of Richard Hamann. His committee is working on a survey
concerning public interest involvement, a workshop on public interest advocacy
and a public interest column in our section newsletter. He has also found
authors for articles in The Florida Bar Journal and the CLE manual.
Our
section has also recognized the need to involve other professionals in
our activities. In the environmental and land use field, engineers, planners,
biologists, hydrologists, and similar professionals are invaluable. We
are proposing that they are invited to be affiliate members in our section,
and efforts are being made to involve these professionals in our CLE activities.
Inevitably,
growth creates additional work. This report merely skims the surface of
what is being accomplished by the section. This year we have 16 committees
and 16 chairpersons dedicated to the work of the section. It is apparent
that the field of environmental and land use law is one of the fastest
growing areas in the state, and it is a comfort to know that our section's
committees are chaired by able leaders who be around to lead us into the
next decade.
J.
Sam Owens, Jr., Chairman.
1986-87
The Environmental and Land Use Law Section topped 1,200 members this year.
As we enter our 10th year, the section can look upon its accomplishments
with great pride. The section recently embarked upon a unique new program
by approving a bylaws amendment to allow affiliate membership status for
engineers, biologists, planners and other professional who practice in
the environmental and land use law fields. The response from the professional
community has been very encouraging. This process opens significant new
avenues of interchange and communication between the professions.
The
section is continuing its extensive CLE seminar and workshop program. A
workshop or seminar has been scheduled for practically every month covering
everything from hazardous waste to sewage to land use. Work has progressed
on Volume II of the Florida Environmental and Land Use Law treatise which
will focus on land use issues. The Bar staff informs us that the volume
will be available for distribution this summer. Work is also underway to
publish an update to Volume I of the treatise, which was published last
year.
The
section has continued its Dean Maloney law student writing contest and
is publishing a directory for law school and law student use listing attorneys
in our practice area.
Committees
of the section have been working with professional organizations and the
members of the judiciary to organize informational seminars. The public
interest practice committee has been studying means of assisting practitioners
who provide those types of services.
The
section newsletter, The Reporter, was expanded in format this year and
is a major source of case law and legislation updates, news and information
of benefit to the membership.
In
order to serve the section better, a new organizational structure was developed
this year. Committees were placed under the leadership of three divisions
under the direction of Executive Council members. The divisions are: Education
(CLE seminars, CLE workshops, CLE manual - Volume I, CLE manual - Volume
II, midyear meeting, annual meeting, Maloney writing contest, law school
liaison and CLE Committee liaison); Special Services (special master, legislative
review, judicial liaison and public interest representation); and Planning
and Membership (Florida Bar Journal column, membership and planning, public
information and awareness and section Reporter). The planning function
continues to receive greater attention as we begin to focus on the needs
of the section for the next 10 years.
Members
who served on the Executive Council or as committee chairs this year are
Silvia Alderman, Tom Cloud, Roger Sims, Terry Lewis, Sam Owens, J. J. Brown,
Paul Gougleman, Bill Green, Doug Halsey, Richard Hamann, Mary Smallwood,
Lee Chotas, Richard Lee, Al Malefatto, Tom Pelham, Irene Quincey, Bob Wells,
Dan Thompson, Gary Stephens, Valerie Settles, Debbie Orshefsky, Marty Dix,
Cari Roth, Vance Kidder, Jim Brindell, Mary Hansen, Richard Brightman and
Bill Hyde. Their efforts are sincerely appreciated as are those of countless
others who serve the section. Special thanks to Peggy Griffin, our Bar
staff liaison.
Silvia
Morell Alderman, Chairman.
1987-88
As chairman of the Environmental and Land Use Law Section, it is now my
privilege to relate to you our annual report for the 1987-1988 year. When
I joined the section in 1979, there were approximately 170 members. Today
our membership (excluding affiliate membership) has grown to 1,430 member.
We have probably been the fastest growing section of The Florida Bar over
the last decade.
The
section is continuing and expanding its extensive CLE seminar and workshop
program. A workshop or seminar has been scheduled for practically every
month covering issues such as land use, wetlands, water law, and resource
recovery. Our two-volume manual has virtually sold out its first printing,
with 1,035 copies of Volume I and 888 of Volume II having been sold as
of November 30, 1987. In a time of growing concern over the Bar's budget
an the impact of sections on that budget, our section of the Bar has been
a moneymaker.
The
section is continuing its Dean Maloney law student writing contest and
is updating its previously published directory for law school and law student
use, listing attorneys in our practice area. The production of our newsletter
is in the capable hands of Carl Roth and Mary Hansen, who are doing a fine
job. Our affiliate program has now reached over 100 members, and continues
to grow. Our section is also working directly with Florida's law schools
- including Florida State University and Stetson College of Law - in a
variety of programs. We have just recently embarked with FSU on the development
of a legislative history program to track the development of environmental
and land use legislation. This program, which was developed by Larry Sellers,
Bill Green, and Professor Donna Christie, may help to establish new procedures
applicable to other areas of legislative change. In addition, Professor
Jim Brown and law students from Stetson Law School are playing a vital
role in the continued updating of the section's manual.
Where
is our section headed? Undoubtedly, our membership will continue to grow
- this is a growth area of the law. We will also have to continue improving
the quality of our educational programs, since I believe we can expect
more competition from private CLE companies with the creation of mandatory
CLE. I personally believe our section will thrive on this competition,
and that the section will continue to produce quality continuing legal
education programs.
Efforts
of Executive Council members and committee chairmen are sincerely appreciated,
as are those of countless others who serve the section. The membership
should also be aware of the special efforts of Peggy Griffin, our Bar staff
liaison, who has been of immense help.
Thomas
A. Cloud, Chairman.
OBSERVATIONS
ON THE SECTION'S 10-YEAR ANNIVERSARY
Born
in obscurity and unrecognized in infancy by other Section behemoths of
the Bar, our Section has established an undeniable place in The Florida
Bar educational hierarchy in the 10 years since its inception. These observations
have only one purpose: To remind us how we arrived at this place and what
knowledge might be useful for the future.
The
Section's period of gestation was about three years. It was called the
Environmental Law Committee. Specific parentage is vague, but there were
a couple of Chairmen whose names can actually be recalled: Wade Hopping,
Jerry Gerde, and Joe Fleming. Everything was different then. There were
a few members, a book or two was published, and much of the thrust, as
Joe Fleming so aptly described it, was "divulging" that the subject
existed; there was little to "update." Meetings were had at the
same time the Bar met so the odds on having attendance would improve. Trying
to start a prairie fire with a pack of wet matches was no easy task.
Behemoths
of the Bar awoke. The Local Governmental Law Section opposed the 1976 petition
of the Committee to become a section as did the Administrative Law Section.
Bob Rhodes (Robert M.) argued the petition and with characteristic diplomacy
secured approval for delivery of the Environmental Law Section into the
world of the Florida Bar. Early champions of the Section's birth, such
as Art Harper, Jim Brindell, and Bill Register, never doubted the youngster's
potential; it came into this world with 400 members, give or take a hundred.
The
Section' embryonic development left one distinct genetic imprint: a personality
bent for ease of participation by all Section members in Section activities.
There
are those basic characteristics of the child that should be carried into
its "terrible teens" which may serve it well into maturity:
Open
Participation: The Section has always been blessed with an attitude of
encouraging everyone to participate in writing, seminars, and management
of Section activities. The Handbook article on Construction Activities
in Waters of the State began as an article on Chapter 253 jurisdiction
with a single author. It has greatly expanded and now has at least a half
dozen authors. This is typical. Article and authors in the Environmental
Regulation and Litigation Handbook have quadrupled since the initial publication.
Participation means everyone's viewpoint gets expressed. This should never
change.
Ascendancy
to Leadership: One of the early Committee and Section problems was securing
a continuity of leadership and selection of leaders based on real contribution.
In the early 80's a group of individuals, most of whom were serving on
the Executive Council literally planned the succession of chairmen (assuming
the continued hard work of those in the lineage) up through 1987. Every
person who has led the Section since the early 80's earned through hard
work (not popularity or membership in a particular firm or political clout)
the right to chair the Section. Once a chairperson was elected by one vote
- because only one person showed up to vote!
It
has also helped to allow the chairperson to provide his or her own brand
of leadership. The chair should be a "strong mayor" type position.
Ron Mastriana (a late 70's chairman) and Rob Rhodes were both successful,
but their styles differed substantially. A change in style is good. The
Section must be fluid, accommodating, and not overly institutionalized.
Superior
Writing Product: Openness in participation lead to a proliferation of writing
product of outstanding quality. Environmental education early on was simple
because the focus was narrow. Almost anyone could memorize all the Chapter
120 environmental cases because there weren't that many. Burgeoning environmental
laws, rules, cases, and increase in the lawyer population practicing in
this area has made such detailed knowledge impossible. Recall, if Roger
Schwenke or Mary Smallwood didn't show for the annual update, no one knew
anything about air quality for the next year. The writing quality has improved
proportionately with the need. This quality is absolutely essential to
the future of the Section if it is to retain its purpose to educate members
to be competent in the environmental and land use areas.
In
the early 80's the Environmental Law Section Newsletter began publication
on a quarterly basis. Cliff Schulman, Judith Smith Kavanaugh, and Tom Cloud
worked hard to keep the "letter" current. It was designed to
fill the gap between Handbook publications. By the end of the decade the
newsletter had been renamed The Reporter, and its format improved and expanded.
My recollection is that Silvia Alderman played a key role enhancing that
publication which continues to evolve. It has limitations, born primarily
from the lack of a cohesive information flow out of Chapter 120. For example,
the McDonald case requires all agencies to keep a record of precedents
and cases. This is virtually impossible. Environmental cases today proliferate
at an almost geometric rate, but there is no reliable retrieval system
(there are reporting systems) to call these cases up to determine their
precedent value. Consequently, The Reporter is a valuable sentinel of particular
cases of note, and articles on subjects, sometimes esoteric, important
to practicing environmental law attorneys.
The
Environmental Regulation and Litigation Manual has had many champions since
its inception. Joe Fleming fought a pitched battle over whether the manual
would be loose leaf or hard bound. On such a seemingly mundane subject
it is truly difficult to express the intensity and ferocity of the debate.
One would not think such a subject that important. It would seem that utility
would be the touchstone for any decision. The Bar, however, can sometimes
be bound to tradition. Tradition overlooks utility, and need, because there
is comfort in administering institutionalized requirements. Fleming, undaunted,
ultimately prevailed.
Cliff
Schulman is responsible for the initial quantum leap improvement in the
quality of the Handbook. Notably, he employed outside help to timely put
the "monster" single edition together. Such an approach has been
continued through J.J. Brown and the Stetson student he employs. It's tough
for one busy counsel (Jay Jurgens and I have been working with Irene Quincey)
to coordinate the efforts of other busy attorneys to produce the formidable
product (2 volumes) we now publish.
Seminar
Participation: Consistent seminar quality and quantity came of age at the
end of the 1970's when H. Gerald ("Gerre") Reynolds became Section
Education Chairman. His "The Lawyers Role in Industrial Development
and Site Selection" was a gem. Top notch speakers and invitations
to other disciplines (i.e., engineers) were features of that effort. A
wrinkle developed in the mid 80's with specific topics that needed presentation
to a limited number of Section members. Roger Schwenke (former chairman)
came up with the "workshop" concept. It still works. Jake Varn,
Bill Earl, Tom Cloud, and Sam Owens (another former chairman) and of late,
Tom Pelham, Al Malefatto and Doug Halsey presented us with Seminars and
outstanding quality individual presentations. (Everybody got a chance to
participate!) Rob Rhodes (Robert L., Jr.)(still another former chairman)
probably got the vote for best written outlines - he set a standard of
excellence most of us tried to emulate.
Executive
Council: It is important to have staggered turnover of members of the Council
and to have a membership of persons willing to work. Membership should
continue to be rotated, should have a geographical mix and council members
who represent governmental clients, corporate clients, public interest
clients, and private sector clients. If the members are willing to work,
there should not be a hesitancy to increase the Council size. Fresh troops
are a necessity. No one group from any sector or geographical area should
be allowed to "run" the Section.
A
number of years ago the Council wisely voted to make past chairmen ex-officio
members. Prior to that time there have been several past chairmen that
continued to serve on the Council. Those individuals, and the other Council
members, felt it was best for the Section that ex-chairpersons serve in
an ex-officio capacity. This allows past chairpersons to contribute to
Council decisions, but allows new or younger participants in the Section
the opportunity to manage the Section.
Advisory
Roles in Legislation and Agency Management: There are areas where the Section
can provide valuable assistance to the Legislature and governmental agencies.
This role should be undertaken very carefully so as not to evidence a bias
for one segment or another of the membership. The Section has always been
helpful in connection with salaries for counsel, particularly DER. This
should continue and be expanded because the Section has so many more resources
now than in the past.
Certification:
Another albatross we hung on Fleming a couple of years ago. A concept always
voted down. Most of us shifted from one field to another (i.e., "dredge
and fill" to "land use" to "waste water") on any
given day. Trying to establish a person is qualified in any one of a myriad
of such categories is not a practical use of Section time.
Bylaws:
A responsible person needs to know what they say. John Henry Wheeler, an
attorney for the South Florida Water Management District at the time, as
an officer of the Council actually read them; on several occasions called
our attention to potential "slips" in their observance. Time
and money were saved. The Dean Maloney Memorial Writing Contest was begun
to provide a liaison between the section and law students interested in
our area. Professor J.J. Brown, Paul Gougelman and others put shoulder
to wheel to get this fine program started. These types of ideas should
continue.
The
sad and untimely loss of Judy Florence, our tireless and talented Bar Section
Coordinator, to cancer was tough. If nothing else, perhaps this commentary
will perpetuate the memory of her contributions to the Section's growth.
Peggy Griffin, our present Coordinator, is a good one. The right Coordinator
makes a difference.
Where
are we now? We have 1,200 members. Somewhere along the line we changed
our name from the Environmental Law Section to the Environmental and Land
Use Law Section. We have three divisions (Education, Planning and Membership,
and Special Services). Within these divisions there are 15 different committees
or activities administered by the Section. Associate (nonlawyer) memberships
apparently are being encouraged. Since non-Bar members are to practice
under Chapter 120, Fla. Stat., these persons (such as Charles Lee of the
Audubon Society) should be considered. Also, we can learn much from planners,
engineers, and other professionals. It's really quite amazing how much
we have grown in one decade.
This
growth has been driven by the passage of environmental and land use laws
requiring competent legal advice. Although what were considered comprehensive
laws were passed in 1957, it was not until the 1960's that air and water
pollution control laws and major amendments to the dredge and fill laws
were passed, and not until 1972 that water management and major land use
laws came into being. The first major reorganization of environmental agencies
did not occur until 1975. From the mid 70's on, Florida has passed a compendious
array of environmental and land use legislation, as well as "adopting"
various federal programs. Local and federal governmental regulation has
increased twenty fold. There weren't any environmental "givens"
in the formative days; the most strident environmentalist of that era would
be considered an anachronism today.
As
noted at the outset, the only utility of this note is the thought that
the current Section leadership may give to those concepts that helped put
us where we are now and how applicable they are to the future.
1988-89
I am happy to report that the Environmental and Land Use Section is doing
well in all respects. We now have more than 1,600 members and a growing
group of affiliates (environmental professionals) who add diversity and
technical expertise to may of our programs.
We
have outgrown some of the resort locations previously used for annual meetings
and major seminars. The largest enrollment ever, 398 people attended the
August, 1988 Update Seminar at Amelia Island. The 1989 Annual Section Meeting
and Update Seminar will be held at the Registry in Naples in August, and
we expect this location to be workable and enjoyable.
The
section agreed to co-sponsor a tour of the Stanton Energy Center in Orlando
as part of the June, 1989 annual bar convention. Section leadership is
excited about this opportunity for "hands on" experience and
will continue looking for innovative ideas to promote education about the
environment. Please let us have your thoughts.
We
are financially sound, as in the past, and project a positive fund balance
for the end of the 1988-1989 term.
One
of my major initiatives this year deals with the relationship between our
section and the central programs of The Florida Bar. I have established
an ad hoc advisory committee to the chair and have emphasized the importance
of our regular participation in meetings of the Bar CLE Committee, Board
of Governors, and Council of Sections. As our section grows, I see an important
need for pro-active and effective communications, rather than simply responding
when the Bar "does something." I believe these efforts will be
well received and I expect us to have a meaningful voice in general Florida
Bar matters during future years.
We
have seen a continuing evolution of the public interest activities of our
section, including a significant workshop and the publication of a directory
of those lawyers who are interested in accepting public interest cases.
I hope the public interest Bar will continue to support these efforts by
attending programs, volunteering to accept leadership roles, and otherwise
offering their time and energy.
Our
Executive Council continues to work diligently toward producing outstanding
CLE programs, publications, law school involvement, growth in membership
by both attorneys and affiliates and meaningful projects such as a pilot
program on legislative history for environmental bills. We believe these
efforts will benefit members of the section and the Bar in general. Of
course, we welcome your comments and suggestions on any of our section
activities.
I
would like to thank our Executive Council and each person who chaired a
committee this year. I would also like to thank those who actively worked
as members of a committee or in support of our council. Space does not
permit a complete listing of these people, unfortunately. However, I will
recognize key efforts at the annual meeting next August in Naples. I hope
to see you there.
Roger
W. Sims, Chairman.
1989-90
The Environmental and Land Use Law Section of The Florida Bar now has 1,718
members. Additionally, the section has an affiliate membership of approximately
140 members composed of scientists, engineers, planners, and other professionals
in related environmental disciplines.
During
the 1989-1990 fiscal year, the section will conduct five continuing legal
education seminars and four workshops. To date, seminars and workshops
providing a general environmental and land use law update, a review of
growth management and concurrency, solid waste regulation, local government
environmental regulation, funding cleanup activities, and citizen enforcement
have been conducted. More than 850 lawyers and affiliate members of the
section have attended and benefitted from these continuing legal education
activities. Prior to year's end, the section will conduct seminars and
workshops on coastal construction and the mechanics of environmental litigation.
The year will conclude with the section's annual update on environmental
law which is to be held August 16-19, 1990, at the Breakers in Palm Beach.
For
the first year in the section' history, the Dean Maloney writing contest
for the best environmental law paper produced by a student at a Florida
law school will include cash prize to the first place winner of $1,000
and a $1,000 donation to the winner's law school. The intent of the section
is to increase participation in the contest and elevate the quality of
paper content.
The
Environmental and Land Use Law Section has produced an expanded directory
of its members. This year the directory will include all affiliate members
and provide a detailed cross-reference of areas of subspecialty of practice
of all listed practitioners with environmental and land use law.
During
1989, a two-year project carried out pursuant to a grant to the Florida
State University College of Law Policy Studies Clinic was completed. The
study is a comprehensive legislative history of the Florida Solid Waste
Management Act of 1988. The legislative history documents is a voluminous
and encyclopedic history of all pertinent information relevant to the passage
of the Solid Waste Management Act. It is hoped the effort will be useful
in providing more complete legislative history for landmark environmental
legislation in Florida so judicial construction of complex law will be
assisted.
Finally,
the Executive Council of the Environmental and Land Use Law Section held
its first annual retreat on February 9-11, 1990, at the Checca Lodge in
Monroe County. The purpose of the retreat was to focus section activities
and identify new programs appropriate for the section to undertake. Recommendations
approved by the Executive Council for action are the following:
1.
The CLE and Affiliate Membership committees will develop guidelines for
nonattorney speakers at seminars and workshops.
2.
The Affiliate Membership Committee will begin development of a technical
bibliography to assist in environmental and land use practice and litigation.
3.
The Affiliate Membership Committee together with the CLE Manual Committee
will develop a technical primer for lawyers.
4.
Creation of a speaker's bureau to identify competent speakers with expertise
in discrete environmental and land use topics who are willing to donate
time.
5.
Develop a procedure for the Environmental and Land Use Section to take
positions on legislative issues.
6.
Develop alternatives for creation of an environmental law employment clearinghouse
either through the Section Reporter or some other medium.
7.
Appoint a pro bono coordinate to explore ways section members may provide
pro bono services in the environmental and land use law areas.
8.
Donate $5,000 to the newly-created Environmental Education Council for
the development of educational materials explaining the general scope and
nature of environmental and land use law.
9.
Donate Volumes I and II of Environmental and Land Use Law and Litigation
Manuals to all circuit court libraries.
Terry
E. Lewis, Chairman.
1990-91
As chairman of the Environmental and Land Use Law Section, it is my privilege
to report on our section's activities and achievements during the 1990-91
year. The section continues to grow. We how have 1,884 regular members
and 143 affiliate members who practice in environmental and land use law-related
fields.
We
have a very active section. The section's activities are carried out by
five officers, a 16-member executive council, 20 committee chairpersons
and dozens of committee members. They are assisted by our outstanding Bar
staff coordinator, Peggy Griffin.
The
section again has an extensive CLE program. Under the leadership of our
CLE program leaders, Dennis Stotts and Mary Smallwood, the section is sponsoring
five seminars and four workshops. The seminars include such diverse topics
as land use conflicts; wildlife habitat, and land use law; superfund; water
law, water rights, and water policies; and a general environmental and
land use law update. The workshops will address the mechanics of zoning
and land use law; wetlands regulation and mitigation; handling cases before
local governments; and growth management problems and solutions in the
1990's. Almost a thousand people have attended our CLE programs thus far.
The section will conclude the year with its annual meeting and environmental
and land use update program to be held on August 15-17, 1991, at the new
Ritz-Carlton Hotel on Amelia Island.
The
section also continues to improve its outstanding two-volume manual on
environmental and land use law. Under the leadership and guidance of our
CLE manual co-chairmen, Professor Jim Brown and Ralph DeMeo, Volume I is
being revised this year. The Stetson University College of Law is again
providing editorial support for the manual project. Two new committees
were created this year. The Committee on Public Environmental Education
chaired by Cathy Sellers, promotes and encourages public environmental
education programs. The Committee on Ethics in Environmental and Land Use
Practice, chaired by Dan Thompson, seeks to give greater emphasis and attention
to ethical considerations.
Our
section continues to sponsor the Dean Maloney writing contest for the best
environmental law paper authored by a Florida law school student. The section
awards a $1,000 cash prize to the first place winner and a $1,000 donation
to the winner's law school. Also, the section will continue its annual
contribution of $1,000 to the FSU Journal of Land Use and Environmental
Law.
The
section's Executive Council held its second annual retreat on February
15-17, 1991, in Clearwater. Our second retreat focused on three areas:
1) a comprehensive review of the section's CLE programs; 2) section policy
and procedures regarding proposed legislation; and 3) improving access
to the legal system. Suzi Ruhl, who chairs the section's Public Interest
Committee, presented to the executive council a variety of proposals for
improving access to the legal system. Of special interest are the following
decisions made by the executive council on these important issues:
1)
Develop an environmental legal clinic to provide counsel to indigent on
environmental and land use matters.
2)
Develop a referral network of lawyers to handle environmental and land
use cases on a pro bono basis.
3)
Confer and coordinate with existing legal service organizations about the
availability of environmental and land use lawyers to provide legal services
in these fields to indigents on a pro bono basis.
4)
Compile forms for use by lay people in environmental and land use matters.
Financially,
the section is in very good shape. We currently have a surplus in our budget
and we are budgeted to have a significant surplus at the end of this year.
In
sum, the Environmental and Land Use Law Section is a rapidly growing section;
it is very sound financially; its CLE programs are of high quality and
well-attended; and it is working hard to promote improved environmental
education both among members of the Bar and the public and to meet our
obligation to enhance access to the legal system through pro bono activities.
I want to thank all past and present section officers, executive council
members, committee chairpersons, and members for their efforts in helping
the section to achieve this strong position.
Thomas
G. Pelham, Chairman.
1991-92
I appreciate this opportunity to report on the activities of the Environmental
and Land Use Law Section. Our section membership has recently passed 2,000,
demonstrating continued growth in our section and continued interest in
the area of environmental and land use law. I am also pleased to report
that as of December 31, 1991, our section's fund balance was $84,332, which
exceeds the fund balance at the beginning of our fiscal year by approximately
$17,000. As a section, we are in good shape financially.
Our
section has always prided itself on the quality of the section's continuing
legal education programs. For the 1991-92 year, we are again presenting
a full slate of programs covering issues from local government land use
regulations, to pending changes in wetlands regulation, to environmental
permitting, to lenders' environmental liability, and more. Our section's
annual meeting and annual update seminar, which is always a popular and
successful event, will be held in August at the Registry Resort in Naples.
Another
area of emphasis this year is access to justice. Following the direction
of the Florida Supreme Court, our section has embarked upon an ambitious
access to justice program, and has established a committee for access to
the legal system, chaired by Suzi Ruhl. The activities which her committee
has undertaken include:
1)
A citizen's workshop on environmental law, to be held in Orlando on May
16;
2)
A citizens' handbook to coincide with the workshop;
3)
Informational tables at Earth Day activities throughout the state; and
4)
The establishment of environmental law internships, funded by a $1,000
grant for each internship, at each of the state's law schools.
It
is our hope and expectation that through these initiatives, public access
to the legal system in environmental and land use matters will be enhanced.
Another
task our section has taken on this year is a closer look at the representation
of clients before local government zoning and land use boards by nonlawyers,
a matter which is quite prevalent in hearings before local governmental
boards which hear land use matters, that parties are represented by nonlawyer
professionals, such as architects, engineers, or planners. Particularly
in light of the increased complexity of legal issues involved in these
matters, several of our members have questioned whether such nonlawyer
representation constitutes the unauthorized practice of law. Our section's
Executive Council has established an ad hoc committee to look into this
issue and make recommendations for further action, if necessary. The ad
hoc committee has circulated a petition to our membership, which includes
as affiliate members many nonlawyer professionals engaged in the environmental
and land use fields, to try to gauge whether a real problem exists and
is in need of correction. At the time of this writing we planned a detailed
discussion of this issue at our Executive Council's retreat on May 2-3.
Finally,
an issue which is currently before the Board of Governors is the extent
to which sections may engage in legislative activities. This has not been
a major issue for us because our section is primarily made up of members
of three interest groups; the government sector, the private business sector,
and citizen group representatives. Consequently, our section typically
cannot reach a consensus on most environmental legislative issues, which
tend to be controversial; so, for the most part, we have refrained from
any active lobbying as a group. An exception did recently arise, however,
when our Executive Council passed a resolution endorsing legislation to
rename Flagler Beach State Park in memory of Gamble Rogers. Rogers, a nationally
renowned folk singer and conservationist, tragically drowned in the ocean
off Flagler Beach State Park last October. Through his stories and his
songs, Gamble Rogers did much to encourage the conservation of Florida's
natural resources and natural beauty. Our Executive Council overwhelmingly
agreed it would be a fitting tribute to have a state park named in his
memory. The legislative committee of the Board of Governors approved our
resolution, and the bill authorizing renaming of the park in Gamble Rogers'
honor passed overwhelmingly in the Florida Legislature.
Alfred
J. Malefatto, Chair.
1992-93
This year has again been an active year for the members of the Environmental
and Land Use Law Section.
With
the vote of The Florida Bar Board of Governors has come the need to revisit
the issue of certification for attorneys practicing in environmental and
land use law. We are evaluating the interest of our members in proceeding
with certification. We anticipate that there may be more interest than
when our section considered the issue several years ago. We have formed
an ad hoc committee which will be providing a recommendation to our executive
council at the June meeting. The issue which has the most attention is
the areas of specialization which will be included.
Providing
information on the ethical requirements for the environmental and land
use law practitioner continues to be paramount to the section. In addition
to the mandatory CLE requirements, the Ethics in Environmental and Land
Use Law Practice Committee has developed a questionnaire regarding the
most common questions raised in members' practice, and an ethics section
for the Section Reporter, including a chapter on ethics in our CLE manual,
which organizes and references key cases and opinions into a practical
reference guide, and coordinates with our affiliate members so we can assist
each other when ethical codes overlap and impact the practices of our collective
professions.
The
Committee on Equal Access has taken strides to encourage greater pro bono
activities and to increase the community awareness on environmental and
land use issues. This includes continued emphasis through the Florida Pro
Bono Coordinators Association, providing an informational package to the
pro bono attorneys to assist low income and other citizens when threatened
with environmental and land use problems, increasing the membership in
our speakers' bureau, and sponsoring workshops in decision-making in environmental
and land use law.
Our
coordinator with the next generation of environmental and land use lawyers
continues through cooperative projects. This year we contributed funds
to the Florida State University Journal of Land Use and Environmental Law
and to the Stetson University College of Law and the University of Florida
College of Law for participation at an environmental moot court competition
at Pace University, New York. We also sponsor the Dean Maloney Scholarship
and Book Award contest. The 1992 winner was Morgan R. Bentley, from the
University of Florida. His paper was published in the January 1993 issue
of The Florida Bar Journal.
Our
membership continues to grow with 2,057 members and 181 affiliate members.
The diversity of the membership is reflected in its composition of private
practitioners, governmental attorneys and those who practice public interest
law, and the affiliate members. While we strive to maintain this diversity,
it is important to remember that our common goal is the betterment of the
practice of environmental and land use law, whether that be by membership
of the executive council or as a committee member. Our Affiliate Member
Committee provides an interface for the affiliates with the other committees
as well as raising issues of importance to our affiliate members.
Our
estimated fund balance as of January 31, 1993, was $88,967. Some of the
continued projects which provide a valuable service and educational opportunity
for the members include the publication of the Section Reporter. Our Florida
Bar Journal Committee has six articles ranging from water, wetlands, and
wildlife to lender environmental liability.
The
section also publishes, in cooperation with the Florida Bar CLE Committee
and the Real Property, Probate and Trust Section, a two-volume publication
on over 44 issues relevant to the practice of environmental and land use
law. By the end of this year we anticipate that the manual will be updated
to reflect the changes in law for the past two years. Our Legislative Review
Committee performs a service by providing a summary review of all key bills
and other legislative points of interest after the legislative session
has concluded. Our CLE Committee has had another successful year. Our annual
meeting at Naples in August, saw over 275 members and affiliates attend.
The arrival of Hurricane Andrew the day after the seminar concluded certainly
impacted the enthusiasm for many environmental and land use law projects
as attention was turned to more critical matters. Our section was proud
to contribute to Legal Relief, Tips for Hurricane Victims. In addition
to the annual update, we have sponsored seminars and workshops in the latest
developments of land use law, environmental and land use litigation, solid
and hazardous waste, and land use and growth management this Bar year.
We invite any interested person to participate. We have taken efforts to
increase the quality of both the speakers and written materials as well
as the diversity of the presenters. Our Public Interest Representation
Committee sponsored a workshop on Florida's Environmental Problems in a
Conch Shell, on May 16, in Key West.
These
projects would not be accomplished without the commitment of the committee
chairs and their members. I would like to recognize and thank them for
their efforts. Even with these dedicated members, there are ample opportunities
to participate as an active member of our section and we welcome all new
members.
Irene
M. Kennedy-Quincey, Chair.
1993-94
This year the Environmental and Land Use Law Section continued to expand
and improve the services provided to more than 2,000 lawyer and 150 nonlawyer
affiliate members. The section has over 15 active committees involved in
numerous issues of interest to environmental and land use law practitioners.
This report highlights only a portion of the many programs and activities
during the past 12 months.
The
section's CLE seminars and workshops committees offered a variety of educational
programs, all of which received excellent ratings. Recognizing the degree
to which environmental issues have affected real estate transactions, the
section held a workshop in October on Environmental Issues in Land Transactions,
and in February offered a seminar on Environmental Audits and Due Diligence.
In November, the section cosponsored with the Local Government Law Section
a seminar, Current Issues in Land Use, the Environment, and Local Government:
A User's Guide.
Familiarity
with technically complex scientific issues has become essential for environmental
lawyers. With the active participation of geologists, engineers, and other
nonlawyer professionals who are affiliate members of the section, the Workshops
Committee offered programs on Use of Expert Witnesses in Administrative
Hearings and Chlorinated Solvent Spill Liability and Remediation. The section
also worked with EPA Region IV, the American Bar Association's Section
of Natural Resources, Energy, and Environmental Law, and the environmental
and land use law sections of the other seven states in Region IV in hosting
the Second Annual Comprehensive Briefing on Environmental Issues in U.S.
EPA Region IV. The section will continue to cosponsor seminars and workshops
with other organizations which share its educational goals and commitment
to excellence. The annual meeting and update remains the most popular of
the section's educational programs and will be held August 19 and 20, at
the Amelia Island Plantation.
During
the past year the Executive Council created new opportunities for member
involvement. A Special Projects Committee is working on drafting a form
consulting services agreement for use in contracting with nonlawyer environmental
professionals. The committee is composed of both lawyer and nonlawyer members
of the section. The section is also publishing a new directory which will
provide information on the variety of subspecialties in which environmental
and land use lawyers practice. The section has a long tradition of supporting
public interest and pro bono activities in the areas of environmental and
land use law.
Among
other projects, the section's Public Interest Committee sponsored a workshop
on Ecosystem Management in Florida: New Directions for Planning and Regulation.
Section
members interested in fulfilling their pro bono responsibilities in the
environmental and land use areas can contact the Access to Justice Committee
for ideas and suggestions.
The
Ad Hoc Committee on Certification completed its exhaustive study of the
certification issue this past year. In addition to polling all section
members, the committee looked at certification programs in other states
and the historical origins of Florida's designation and certification programs.
Although the designation program is being phased out, and with it the option
to designate in environmental law, the Executive Council voted unanimously
not to seek a certification program for environmental and/or and land use
law. No other state has a certification program in environmental or land
use law. The Ad Hoc Committee acknowledged that there may be good reasons
for certification programs in some areas; but determined that a certification
program would not better assist the public in hiring competent environmental
or land use counsel. There was no evidence to indicate that the current
methods for identifying qualified environmental and land use counsel were
inadequate. Moreover, given the historically low levels of participation
in the Bar' designation and certification programs, the Ad Hoc Committee
was concerned that a lawyer's status as "board certified" in
environmental and/or land use law might be misperceived as carrying an
imprimatur it is not intended to have.
Though
revenues have recently declined, the section' economic health remains sound,
and it continues to show a surplus, as it has for many years. The Executive
Council voted this past year to increase annual dues from $20 to $25 to
help offset declining revenues. The Executive Council remains committed
to reducing economic barriers to member participation and will continue
to provide finance assistance to those members who would otherwise be unable
to participate.
Douglas
M. Halsey, Chair.
1994-95
The Environmental and Land Use Law Section has become a diverse, relatively
large, and active branch of The Florida Bar. The section has approximately
2,000 attorney and 180 non-attorney affiliate members, who represent the
entire spectrum of public and private clients, including developers, regulatory
agencies, public interest groups, and environmental organizations. To address
the members' needs, the section has 15 committees working on a wide variety
of issues. This report summarizes some of the on-going activities and describes
some of the future issues that the section will address.
The
section recognizes that one of its most important goals is to "promote
and provide education to the Bar, law students, affiliates and the public
on environmental and land use related topics." Accordingly, the section
sponsors CLE seminars and workshops, publishes educational materials, works
on special projects when appropriate, and works with Florida's law schools
to encourage scholarship in environmental and land use law.
The
section's CLE programs have been popular and informative. The 1994 Annual
Meeting and Update Seminar attracted approximately 250 people to Amelia
Island for a lively discussion of the most recent cases and developments
in environmental and land use law. An even larger group is expected for
the 1995 Update Seminar, which will be held on August 17-19 at the South
Seas Plantation on Captiva Island. The section also presented programs
concerning petroleum and chlorinated solvent spills; the Florida Environmental
Reorganization Act; environmental risk assessments; bankruptcy issues affecting
environmental law cases; and the representation of public interest groups.
All of these programs received very favorable ratings from the attendees.
Parenthetically, the written course materials for these programs are available
from the Bar; audio or videotapes are available for some program.
To
reach a broader audience, the section is cosponsoring CLE programs with
other professional organizations that share the section' goals. For example,
the section is cosponsoring programs with The Florida Bar's Local Government
Law Section and the American Bar Association's Section of Natural Resources,
Energy, and Environmental Law.
The
section continues to publish outstanding educational materials. The section's
two-volume treatise on Environmental Regulation and Litigation in Florida
is the subject of neverending work. This manual is revised every year to
keep pace with the rapid developments in environmental law. The section
also publishes monthly articles in The Florida Bar Journal and quarterly
articles in the section's Reporter. The authors and editors of these publications
have done an exemplary job.
The
section has been working on several special projects. It is development
standard jury instructions for cases involving common law claims based
on pollution, and is helping the Florida Institute of Certified Public
Accountants prepare a handbook for environmental audits. It is also continuing
to evaluate the special legal and ethical problems confronting members
when they participate in quasi-judicial proceedings.
The
section is trying to ensure that its CLE programs and other activities
appropriate reflect the diverse interests of its members. The section not
only serves those members who represent private corporations, but also
assists those who represent public agencies and public interest organizations.
The section encourages its members to work on pro bono cases, issues affecting
the public's access to justice, and other public interest matters. The
section wants to continue to diversify its membership, Executive Council,
and programs.
Each
year the section conducts a meeting that focuses on the section's long
range plan. The 1995 planning session will evaluate different long range
projects that the section could undertake to provide a lasting contribution
to its members and the State of Florida. Among other things, the section
will consider whether it should establish a scholarship or professorship
in environmental law and land use law.
In
conclusion, it has been a very productive year for the section. The Executive
Council, committees, and staff have been working diligently to improve
and expand the services provided by the section for its members.
David
S. Dee, Chair.
1995-96
Mary Smallwood, Chair.
1996-97
This year the Environmental and Land Use Law Section marks its 25th anniversary
of providing services to Florida's environmental and land use lawyers.
From its humble beginnings, the section is now composed of over 2,000 environmental
and land use practitioners from state and local governments; academia;
public interest environmentalists; pro bono advocates for the poor; large,
medium, and small firm private practitioners; and affiliate consultants
and scientists in the environmental and land use fields.
The
extraordinary diversity of environmental and land use practitioners is
reflected in the section's executive council, where members advocate their
various professional agendas through Council meetings and committee work.
The committees of the section reflect these diverse agendas and undertake
substantive projects and activities to serve section members, the Bar,
and the public.
This
year, the section has established a website. Although up and running, the
website is still expanding. The site contains detailed information on a
variety of section activities. CLE workshop and seminar topics and dates
are also available. Please visit us at http://www.eluls.org.
High
quality CLE programs continue to be hallmark of the section's activities.
This year, the section will sponsor four seminars and five workshops on
a variety of topics of interest to environmental and land use practitioners.
The section's two-volume CLE manual on environmental and land use law is
currently under revision and, over the next two years, will be completely
redesigned and rewritten with many new topics and authors.
This
year, the section continues its tradition of providing scholarships to
six of Florida's law school, and will continue its sponsorship of an annual
writing contest among those schools for papers on environmental and land
use law issues. The winning paper is published in the Bar Journal. Most
issues of the Journal feature an article by a section member on topical
environmental and land use issues.
Membership
has been a major focus of the section this year. The section is working
to increase the diversity of section membership, and this year's efforts
focus on bringing more minorities and in-house corporate counsel into the
section.
The
section continues to produce its Environmental and Land Use Law Reporter.
The Reporter provides updates on environmental and land use agencies, case
law, and legislation.
The
section's Committee on Access to Justice works with the Legal Environmental
Assistance Foundation, and its president, Suzi Ruhl, to provide pro bono
legal services to poor communities with environmental problems. LEAF is
located in Tallahassee, but provides services to communities throughout
Florida.
In
addition to the section' lawyers, more than 200 scientists and consultants,
from the entire spectrum of environmental and land use services, participate
in section activities as affiliate members. The affiliates share their
expertise with section members, and are in the process of developing an
online directory of consultant services and expert witnesses to assist
the section's lawyers on technical and scientific matters. Finally, I would
like to give personal thanks to the section leadership, including the officers,
executive council, and committee chairs. Section members have no idea how
hard these volunteers work, with a constant focus on the quality of services
provided by the section to increase the quality of practice for section
members and all members of The Florida Bar. These section leaders deserve
our praise and our gratitude.
Dennis
M. Stotts, Chair.
