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Environmental
Experience     Team

Combining sophisticated legal understanding with practical advice...

Working closely with the firm’s land use and government relations, real estate and litigation attorneys, our Environmental Group provides innovative solutions to a wide range of issues faced by private developers and local governments. Our attorneys often draw from previous experience in all types of environmental regulatory and enforcement actions by local, state and federal agencies to protect and guide each client in each individual situation.

Bilzin Sumberg's Environmental Group, led by Howard E. Nelson, provides innovative solutions to a wide range of environmental issues faced by Florida's development and redevelopment community. The Group's attorneys, many drawing from previous career experience as land use and environmental planners, offer skilled guidance through strategic risk management and responsible growth planning. The Group counsels clients in all aspects of environmental law, including regulation and permitting for wetlands and stormwater management; industrial, solid and hazardous waste and air permitting and enforcement; and state and federal contamination assessment, defense, remediation and closure.

As government regulation, land use and growth management laws evolve, so does the need for public and private sector legal counsel. Bilzin Sumberg has a notable history representing land owners and government entities in the area of government regulations, with a particular emphasis on land use. This provides us with the depth of experience to meet the needs of our clients. Our Land Use Group has not only helped reshape the skylines of our communities, it has helped shape the laws in which we practice through our involvement in landmark cases, service on drafting committees of important land use legislation, representation of clients in the policy making process and experience seeking land use approvals for our clients' projects.


Environmental Law

With the widespread adoption of environmentally responsible and sustainable practices across a multitude of industries, environmental law has quickly evolved into one of the most critical and complex practices in the legal arena. Our Environmental attorneys have extensive experience in representing clients in all types of environmental regulatory and enforcement actions by local, state and federal agencies. We work closely with the firm’s Land Use, Government Relations, Real Estate and Litigation attorneys to assist owners of real property in realizing their development goals and in continuing operations in an area of increasing governmental regulation.

 
Wetlands

Wetlands are integral to the Florida landscape and significantly affect the region's development approval procedures. Accordingly, our Environmental Group offers a keen understanding of both federal and state wetland regulations, the interplay between them and the wetland impact mitigation procedure.

Our Environmental attorneys guide clients through the process of obtaining federal, state and local wetlands permits throughout the state and regularly represent land developers and owners, as well as other businesses, in securing permits for projects which may considerably impact the wetland environment.

 
Brownfields

Brownfields legal issues are often complex, encompassing numerous environmental concerns such as zoning approvals, permitting requirements and regulatory compliance. Our Environmental attorneys are broadly familiar with the difficulties of converting contaminated property into environmentally safe and thriving projects. Bilzin Sumberg's Environmental practice is at the forefront of Brownfields redevelopment and our attorneys recognize the potential investment opportunities that can be derived from the redevelopment of contaminated sites.

Collectively, the Group has created innovative solutions to address issues such as site assessment and development, remediation and construction efforts. Moreover, our attorneys have the experience to counsel clients from the initial identification of a Brownfields opportunity through its redevelopment.

 
Stormwater

Stormwater management is a major concern for developers and municipalities both during and after construction, particularly due to Florida's low-laying geography and dense population. Our Group has a wide range of knowledge concerning stormwater and stormwater permitting issues. We work with our clients in the preparation of permit applications that meet all applicable regulatory requirements. We also work closely with engineers, planners and consultants in order to thoroughly represent our clients.

 
Land Development

There are a myriad of related issues associated with land development, such as zoning, permitting requirements, land and resource conservation, environmental concerns and governmental approvals. Our Environmental attorneys coordinate water resource permits, wetland and stormwater, dredge and fill permits, flood elevation and the various governmental reviews necessary for land development. We work closely with the firm's Land Use & Government Relations Group to assist real property owners throughout the various stages of development.

 
Marinas

In recent years, the development and redevelopment of commercial and private docks and marinas has been a rising trend in south Florida. Bilzin Sumberg's Environmental attorneys understand the intricate laws of marina permitting and operation, assisting clients with sovereignty and submerged land leases, as well as accompanying Environmental Resource Permits for docks and marinas.

Additionally, Bilzin Sumberg attorneys from the Corporate & Securities, Real Estate, Land Use, Tax and Litigation Groups work as a team to assist owners, investors and developers in the marina industry in virtually every aspect of their business. Our experience spans acquisition, financing, development, leasing and disposition, and our attorneys were at the forefront of the recent trend to "condominiumize" or "dockominiumize" marina slips. We have also represented lenders in connection with financing for the marina industry.

 
Landfills

Bilzin Sumberg's Environmental attorneys represent landfill owners and operators in every aspect of their development and operation. The representation of our client's interests have included: site selection, landfill permitting, operating and compliance permits, periodic reporting, enforcement or regulatory defense and landfill closures.

 
Regulatory Permitting

Our Environmental team guides clients through the complex maze of local, state and federal regulations on a wide range of commercial, industrial and residential sectors of development. We represent clients in natural resource protection, permitting and registration under Emergency Planning and Community Right-to-Know Act (EPCRA).

We understand the complexities of regulatory permitting, and assist clients in obtaining permits for specific land uses, such as industrial operations, rock quarries and landfills.

 
Hazardous Waste

Recognizing the often high cost and disruption associated with hazardous waste matters, our Environmental Group endeavors to resolve issues quickly, efficiently and professionally. When issues related to hazardous waste emerge, our attorneys advocate on behalf of our clients' best interests to recover the costs of site remediation, disposal and cost recovery. Additionally, we represent our clients with due diligence and site audits requirements.

 
Enforcement Defense

Clients subject to enforcement actions by county, state and federal environmental regulatory agencies for alleged violations of waste permits and disposal have turned to our Environmental Group for representation. Our experience includes the defense of operators in contamination claims; representation of commercial landlords whose tenants have contaminated the property; and compliance with state and federal regulations. Additionally, we handle the defense of corporations in alleged OSHA safety violations and the representation of clients in matters of clean water and storm water violations.

Moreover, our Environmental attorneys have represented Fortune 100 companies, as well as municipalities and local agencies, in a variety of Superfund related matters.

 
Consumptive Use

Environmental sustainability is no longer a subject of ambiguity, but a far-reaching global concern.  Consumptive use and resource conservation have moved to the forefront of land use and environmental law.  Bilzin Sumberg's Environmental Group has substantial background and knowledge of consumptive use and permitting requirements, and has counseled clients with respect to potable water allocation, reuse issues and alternative and supplemental water system issues.

 
Property Rights Protection

Plotting a course through the intricacies of land use and zoning laws and regulations can be complicated, particularly as it pertains to the property rights of individuals, public and private entities.  Our attorneys focus on innovative solutions to property rights and environmental concerns, as well as traditional takings and analyses, and have counseled clients in the area of property rights protection, including eminent domain, inverse condemnation and Florida's Bert J. Harris Act.

 

For additional information about the Environmental Group at Bilzin Sumberg, please contact Howard E. Nelson at This e-mail address is being protected from spambots. You need JavaScript enabled to view it , or 305.350.2386.

 



 
 
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