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2013 Spring Newsletter

Volume 14, Issue 2

In This Issue:

The Water-Energy Nexus: Recent Federal Actions and Their Potential Impacts by Seth C. Behn

Alfred J. Malefatto Named Shareholder at Lewis, Longman & Walker, P.A.

Kathryn Rossmell Joins Lewis, Longman & Walker, P.A.

Lewis, Longman & Walker Shareholders Recognized in the 2013 South Florida Legal Guide as Top Lawyers

SaintPetersBlog “4th Floor Files” talks to Lori Killinger about Will Weatherford, being a woman in the process, and Kool Beanz

FIRM NEWS

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The Water-Energy Nexus: Recent Federal Actions and Their Potential Impacts

by Seth C. Behn

In a world of finite resources and increasing demands there are inevitable constraints that will arise. The resultant difficulties are compounded when multiple resources are dependant upon one another.  This very scenario is playing out in the realm of the “water-energy nexus.”  The Government Accounting Office has released six reports on this topic in the last four years, and recent legislation has been introduced by the ranking member of the Committee on Science, Space and Technology, Rep. Eddie Johnson, to allocate federal resources in an effort to understand and tackle the challenges that are resulting from these constraints.  This article explores the issues that have been brought to light by the GAO reports, reviews the intent of the proposed legislation, and discusses examples of projects that will certainly be impacted by this “nexus”.

THE GAO’s FINDINGS ON ENERGY AND WATER

There is significant interaction between energy and water demands, with each sector requiring varying inputs of the other to be viable.  Water treatment, distribution, and disposal each generate varying levels of energy demand.  In areas of difficult terrain or where desalination is necessary, those energy requirements escalate dramatically.  At the same time, energy production has always required voluminous water availability.  The majority of electricity in the U.S. is produced by thermoelectric power plants.  These plants must have water available for cooling and steam generation.  Similarly the expansion of biofuel production has increased the demand for crop irrigation, which is already the largest water consumer in the Nation.  Likewise, the rapidly escalating use of fracking in natural gas extraction also requires significant water inputs.

GAO-10-23. The GAO first began to examine this issue in 2009 with the release of its report Energy-Water Nexus: Improvements in Federal Water Use Data Would Increase Understanding of Trends in Power Plant Water Use,(GAO-10-23).  The report found that as of 2007 approximately three-fourths of the electricity generated in the United States was by thermoelectric power plants.  These plants rely on massive water inputs to moderate the temperatures in the cycling of the power generation process.  While this water isn’t “consumed” but rather returned to the source, albeit at an elevated temperature, it nevertheless mandates an uninterrupted water source.

As with many water-energy issues, the location of a thermoelectric plant is a major determinant as to whether a current or future water constraint will exist.  As the cooling process can rely on virtually any water source, siting options vary.  Yet even in those instances where adequate water supply can be secured, the cycling and increased temperature of the outflow can impact the surrounding water bodies.

There are alternatives to the current standard operational models, but as expected, these alternatives can be both costly and less efficient.  Air cooled cycling of the steam has been developed, but as the heat density that the air will readily absorb is much lower than that of water, the energy generation rates and the capital costs to implement result in a higher energy output cost.  Another approach of utilizing alternative water sources, such as treated effluent or groundwater that is unsuitable for drinking presents a possibility, but again the constraints of cost and sufficient availability may create hurdles to modifying the status quo.

In concluding the 2009 report, the GAO provided two important recommendations.  It first recognized a need for accurate data on the water demands of standard thermoelectric plants and how various new technological approaches could reduce or modify these demands.  The second major recommendation from this report was the need for an increased level of coordination between Federal agencies charged with oversight of the sectors involved in both energy permitting and water management.  The report specifically called for the Energy Information Administration and the U.S. Geological Survey to work together on this issue going forward.  Click here to read the full article

Alfred J. Malefatto Named Shareholder at Lewis, Longman & Walker, P.A.

Lewis, Longman & Walker, P.A. is pleased to announce that Alfred J. Malefatto has been elected a Shareholder of the firm.

Prior to joining Lewis, Longman & Walker in 2012, Mr. Malefatto practiced law at Greenburg Traurig for over 20 years. He also previously served as the Assistant General Counsel at the Florida Department of Environmental Regulation (now the Florida Department of Environmental Protection). Mr. Malefatto has been practicing environmental, land use and administrative law in Florida since 1980. He has represented Fortune 500 companies, developers, home builders, small businesses, and local governments in a variety of environmental permitting, enforcement and transactional matters, and in all manner of Florida land use proceedings.

He leverages his in-depth knowledge and broad experience to keep clients up to date on regulatory trends before regulations are adopted and counsels clients when environmental issues arise. Al is intimately familiar with all aspects of environmental permitting and land development entitlements, and has handled a broad range of projects and activities, including condominium marina and mixed-use developments, brownfields redevelopment, land use and environmental approvals for utility plants, contaminated property remediation and the defense of enforcement actions by local, state and federal governmental agencies. He also guides clients involved in corporate and real estate transactions through necessary and important due diligence evaluations.

Mr. Malefatto holds an AV® Preeminent™ Rating from Martindale-Hubbell and has been listed In Best Lawyers in America and every edition of Chambers & Partners USA Guide since its inception in 2003. He can be reached atamalefatto@llw-law.com or at (561) 640-0820.

For more than 18 years, the attorneys at Lewis, Longman & Walker, P.A., have helped the individuals, businesses and governments that have shaped Florida’s future.  We offer solutions to issues associated with complex local, state, and federal law and regulations.  We focus on the specific, technical and seemingly ever-changing areas of Environmental, Land Use and Governmental Law.  For more information, visit our website at www.llw-law.com.

Our offices are in Jacksonville, Tallahassee, Tampa Bay and West Palm Beach.  Wherever you are, we’re nearby.

Kathryn Rossmell Joins Lewis, Longman & Walker, P.A.

Lewis, Longman & Walker, P.A., is pleased to announce that Kathryn B. Rossmell has joined the firm’s West Palm Beach office as an associate.

Ms. Rossmell’s practice focuses on land use, environmental, and natural resources law. She represents public and private clients on natural resources permitting issues, National Environmental Policy Act (NEPA) compliance issues, and practices civil litigation for public and private clients.

Ms. Rossmell is a member of The Florida Bar’s Environmental and Land Use Law Section, City County and Local Government Law Section, and Real Property Probate and Trust Law Section. She is also a member of the Palm Beach County Bar Association’s Young Lawyers Section.

She recently authored “From Tools to Toys – The Gutting of the Infamous Primary Indicators,” that was published in the August 2012 edition of the University of Florida Journal of Law and Public Policy.

Ms. Rossmell earned a Bachelor of Arts degree in Political Science, magna cum laude, from the University of Florida,and her Juris Doctor, cum laude, from the University of Florida, Levin College of Law.

She can be reached at krossmell@llw-law.com or at (561) 640-0820. For more information, visit www.llw-law.com.

Lewis, Longman & Walker Shareholders Recognized in the 2013 South Florida Legal Guide as Top Lawyers

Three attorneys from Lewis, Longman & Walker, P.A. have been named “Top Lawyers” by the South Florida Legal Guide.   LLW Shareholders Stephen A. Walker has been selected by the South Florida Legal Guide as Top Lawyers in the area of Environmental Law.  Shareholder Terry E. Lewis has been selected in the area of Governmental Law.

The South Florida Legal Guide’s “Top Lawyers” section recognizes attorneys who have been in practice for at least 15 years.  Selection is based on peer nominations.  Nominations are reviewed by the editorial department, which makes the final selections.  Factors such as standing with the Florida Bar, accomplishments and other factors that may attest to the individual’s credentials are taken into consideration.  For more information on the South Florida Legal Guide, visit www.sflegalguide.com.

SaintPetersBlog “4th Floor Files” talks to Lori Killinger about Will Weatherford, being a woman in the process, and Kool Beanz

By Peter Schorsch on February 18, 2013

The latest installment of the 4th Floor Files features Lori Killinger. Her clients include the Florida Association of Nurse Anesthetists, Mosaic and St. Lucie County. Here’s the file on Lori.

Significant other? Children? Grand kids?

My husband of 20 years, Lee Killinger and our son, 17 year old Andrew and 2 adorable bichons, Boomer and Thumper

In 25 words or less, explain what you do.

Help our clients utilize and maneuver through the regulatory and political processes so they can sustain and grow their businesses.

Without using the words Democrat, Independent or Republican, conservative or liberal, describe your political persuasion.

Open-minded.

If you have one, what is your motto?

I try to live by the Golden Rule: Do unto others as you would have them do unto you.

During your career, have you had a favorite pro bono client?

Yes, but it was a lifetime ago when I practiced law in South Florida.

Three favorite charities.

We give to various charities throughout the year, most having to do with lost, abused and homeless animals.

Any last-day-of-Session traditions?

When my dear friend and mentor, Linda Cox, was alive, we used to watch the hanky drop and then party at one place or another. Since her passing in 2008, that tradition has lost its charm for me. Now, I have no real tradition other than seeing my last issue through to the bitter end.

What are you most looking forward to during the 2013 Legislative Session.

Watching Speaker Weatherford evolve into the leader I know he will be for this State and maybe someday, this Country.

If you could have another lobbyist’s client list, it would be…

I shall not covet my neighbor’s client list.

Click here to read the full interview: http://www.saintpetersblog.com/4th-floor-files-talks-to-lori-killinger-about-will-weatherford-being-a-woman-in-the-process-and-kool-beanz

FIRM NEWS

  • LLW attorneys will attend After Hours at THE PLAYERS Championship.  The event hosted by the Jacksonville Bar Association, St. Johns County Chamber of Commerce and the JAX Chamber will be held May 2, 2013 in Jacksonville, Florida.
  • LLW will sponsor the 40th Anniversary Equal Opportunity Day Awards Gala to be held April 19, 2013 in West Palm Beach, Florida.  The 40th Anniversary Equal Opportunity Gala is hosted by the Urban League of Palm Beach County, Inc.  Click here to read more about the organization.
  • Lori Killinger was recently elected as an Executive Committee Representative of the Florida Association of Professional Lobbyists. Ms. Killinger is a founding member of FAPL, and has been an active member since its inception in 2002. FAPL is a broad-based organization committed to establishing and maintaining high standards for professional advocates. For more information, visit http://www.fapl.us/.
  • Steve Walker and Sean Alveshire will attend the 2013 South Florida Manufacturers Association Recognition of Excellence Awards Banquet on April 18, 2013 in Dania Beach, Florida.
  • Brenna Durden and Wayne Flowers attended Patron Party hosted by San Marco Preservation Society on April 13th in Jacksonville, Florida.   All proceeds from the fundraising event will go towards maintaining the historic charm of San Marco.  Click here to read more about the San Marco Preservation Society.
  • Al Malefatto and Julie Jennison attended the Gale Academy of Environmental Science & Technology Annual Megrath Scholarship Dinner held Thursday, April 11th in West Palm Beach, FL. Proceeds from the event support the Gale Academy of Environmental Science & Technology program at Forest Hill Community High School.
  • LLW was a proud sponsor of the Pine Jog Green Gala held April 6, 2013 in West Palm Beach, Florida.  The event was hosted by the Pine Jog Environmental Educational Center.
  • LLW attorneys attended the Marine Industries Association of Palm Beach County’s 12th Annual Beacon of Light Award Dinner held March 20, 2013.  Click here to read more about the Marine Industries Association of Palm Beach County.
  • Terry Lewis and Chris Lyon presented “The Care and Feeding of the Legislature” at the Florida Association of Special Districts Certified District Managers Program on March 19, 2013 in Tallahassee, Florida.
  • LLW Jacksonville attorneys attended the St. Johns County Chamber of Commerce Annual Membership Breakfast on March 14, 2013 in St. Augustine, Florida.
  • LLW was a proud sponsor of Easter Seals’ “Pair to Remember” event held March 8, 2013 in Palm Beach Gardens, Florida.  Easter Seals is a non-profit organization dedicated to supporting individuals with disabilities and special needs.
  • LLW was a proud sponsor of the 2013 Love of Literacy Luncheon held March 8, 2013 in West Palm Beach, Florida.  The event was hosted by  the Literacy Coalition of Palm Beach County, a not-for-profit organization “committed to ensuring every resident of Palm Beach County, Florida is able to read.”
  • Terry Lewis, Michelle Diffenderfer and Bob Diffenderfer participated in Palm Beach County Days on March 5-6, 2013 in Tallahassee, Florida. Each year, event participants meet at the Capitol with state lawmakers to discuss Palm Beach County’s priority issues. Click here for more information.
  • Jennifer Cowan, Jennifer Davy and Christine Jenkins attended the Couture in the Courtyard fashion show and luncheon. The event held on March 4, 2013 in Bradenton, Florida was hosted to support the South Florida Museum.
  • Jim Linn presented “Pension Reform Primer” at the Florida League of Cities Employee Relations Summit on February 28, 2013 in Jacksonville Beach, Florida.
  • Wayne Flowers presented “NPDES Permits for Stormwater Runoff, Impacted Industries” at the Wetlands and Water Law Update Seminar hosted by the Seminar Group on February 27, 2013 in Atlanta, Georgia. Who’s seminar EPA ABA?
  • LLW was proud sponsor of the International Marina & Boatyard Conference hosted by the Association of Marine Industries (AMI), January 30-Feburary 1, 2013 in Ft. Lauderdale, Florida and Al Malefatto participated in a panel discussion at the event. Click here for more information.
  • Glenn E. Thomas presented “Pension Changes and Plan Updates” on January 29, 2013 at the Florida Public Employer Labor Relations Association Annual Training Conference in Orlando, Florida. For more information, visit www.fpelra.org.