2013 Winter Newsletter

In This Issue:

 

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H. Hamilton “Chip” Rice Retires from Lewis, Longman & Walker, P.A. 

H. Hamilton “Chip” Rice retired December 31, 2012.

A senior attorney at LLW for over six-years, Mr. Rice made significant contributions during his tenure with the firm.  “Chip has been an instrumental part of LLW and also the Bradenton Community.” said Kevin Hennessey, Executive Shareholder of the firm’s Bradenton office.

Mr. Rice joined the Bradenton office on January 16, 2006; his practice focused on local government, administrative law and general litigation. Mr. Rice has received numerous accolades. This summer, he was recognized by the Florida Bar City, County and Local Government Law Section Executive Council with the H. Hamilton “Chip” Rice award.  As one of the section’s strongest advocates for mentoring and education, the award was created in Rice’s name to recognize distinguished service for mentoring and education of future local government lawyers. Mr. Rice is one of the section’s first board certified attorneys and has served in every Executive Council leadership position, including Chairman.

Click here to read more: http://www.llw-law.com/blog/6562/

Lewis, Longman & Walker, P.A. Receives 2013 “Best Law Firms” Ranking, two lawyers selected as 2013 Lawyer of the Year

LLW received most Tier 1 votes in Environmental Law than any other law firm in Florida 

Lewis, Longman & Walker, P.A. recently received the 2013 “Best Law Firms” Ranking by U.S. News Media Group and Best Lawyers®. The firm’s Jacksonville Tallahassee and West Palm Beach offices received Tier 1 rankings in Environmental Law, and the Tallahassee and West Palm Beach offices received Tier 1 Rankings in Environmental Litigation. Rankings are determined by a combination of hard data, peer reviews and client assessments. Lewis, Longman & Walker received more Tier 1 rankings in Environmental Law than any other law firm in Florida.The first-tier rankings are featured in the “Best Law Firms” standalone publication, which is being distributed to 30,000 general counsel and in digital format to 58,000 private practice lawyers worldwide.

In addition to receiving this “Best Law Firm” ranking, below is a list of Lewis, Longman & Walker attorneys that have been named “Best Lawyers” by U.S. News Media Group and Best Lawyers®.

  • Stephen A. Walker  Lawyer of the Year 2013 Environmental Law; Environmental Litigation
  • Wayne E. Flowers Lawyer of the Year 2013 Environmental Law; Environmental Litigation; Water Law
  • James W. Linn – Employee Benefits (ERISA) Law; Labor & Employment Law
  • Terry E. Lewis – Environmental Law; Environmental Litigation
  • R. Steven Lewis – Environmental Law; Environmental Litigation
  • Anne Longman – Environmental Law; Environmental Litigation
  • Brenna M. Durden – Real Estate Law; Real Estate Litigation, Land Use & Zoning Law
  • Alfred J. Malefatto – Environmental Law

Best Lawyers® is the oldest and most respected peer-review publication in the legal profession. The online publication is estimated receive 10 million viewers this year and Best Lawyers has firmly established itself as a premiere legal referral source.

The 2013 edition of The Best Lawyers in America includes 43,629 lawyers covering all 50 states and the District of Columbia and is based on more than 3.9 million detailed evaluations of lawyers by other lawyers. Best Lawyers® lists are excerpted in a wide range of general interest, business and legal publications worldwide, reaching an audience of more than 17 million readers.

For more information on “Best Law Firm” rankings, visit http://bestlawfirms.usnews.com. For more information on “Best Lawyers” rankings, visit http://www.bestlawyers.com/default.aspx.

 

Secondary and Cumulative Impacts Analysis and the Endangered Species Act

By Michelle Diffenderfer and Robert Diffenderfer

In the July 2012 issue of this publication, the reach of the secondary and cumulative impacts analyses under the Clean Water Act (CWA) were discussed and contrasted with their treatment under the National Environmental Policy Act (NEPA).  This article will address the same secondary and cumulative impacts analyses under the Endangered Species Act (ESA). It also highlights important principles under the statutes most commonly encountered (ESA, NEPA, CWA) in the federal program of natural resource protection.

Purpose of Impact Analysis

The ESA is a substantive statute that was enacted with the express purpose of conserving endangered and threatened species.  16 U.S.C. §1531(b).  The Secretary of the Department of Interior satisfies the purpose of the ESA by implementing a number of protection mechanisms authorized by the ESA including Section 7 consultations.  The ESA requires that all federal agencies must consult with the Secretary to insure that any action “authorized, funded, or carried out by such agency… is not likely to jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification of habitat of such species….” 16 U.S.C. §1536(a)(2).  Therefore, the impact analysis under ESA is intended to ensure the agencies do not act in a manner that could result in the extinction of a listed species.

LLW Gives Back This Holiday Season

The West Palm Beach LLW Office participated in the Salvation Army’s Angel Tree Program this holiday season, raising over $620 in cash donations and many toy donations for needy families in the area.  With everyone’s participation, we were able to fill 10 angels.  Kim Ayers led the effort, assisting with the coordination of the program.  The Angel Tree Program provides more than 10,000 children and families in Palm Beach County with gifts every holiday season.The West Palm Beach LLW Office participated in the Salvation Army’s Angel Tree Program this holiday season, raising over $620 in cash donations and many toy donations for needy families in the area.  With everyone’s participation, we were able to fill 10 angels.  Kim Ayers led the effort, assisting with the coordination of the program.  The Angel Tree Program provides more than 10,000 children and families in Palm Beach County with gifts every holiday season.

The West Palm Beach LLW Office participated in the Salvation Army’s Angel Tree Program this holiday season, raising over $620 in cash donations and many toy donations for needy families in the area.  With everyone’s participation, we were able to fill 10 angels.  Kim Ayers led the effort, assisting with the coordination of the program.  The Angel Tree Program provides more than 10,000 children and families in Palm Beach County with gifts every holiday season.

 

Firm News

  • LLW will sponsor the Leadership Jacksonville Welcome Reception on January 16th in Jacksonville, Florida.  Brenna Durden and Sean Alveshire are participating in the event. Leadership Jacksonville is a year-long program “that explores the dynamics of an urban society, analyzes major areas of community concern, facilitates the development of leadership capacities and promotes a network of community trustees.” Click here for more details on the organization.
  • Al Malefatto will give a presentation titled “Navigating Coastal Land Leases” at the International Marina & Boatyard Conference to be held January 30-Febuary 1st in  Ft. Lauderdale, Florida.
  • LLW is proud to sponsor the Northeast Florida League of Cities Dinner and Meeting that will take place on  January 17th in St. Augustine, Florida.  The Florida League of Cities was developed as a united voice for Florida’s municipal governments.  The goal of the organization is to serve the needs of Florida’s cities and to promote local self government.  Click here to read more about the organization.
  • Kevin Hennesey was recognized as Top Lawyers in the November issue of Biz941 Magazine.
  • LLW sponsored the Lord’s Place Ending Homelessness Breakfast that took place Thursday, November 29thin West Palm Beach, Florida.   The Lord’s Place is a nonprofit organization that has been changing the lives of homeless families and individuals in Palm Beach County for over 30-years. For more information, visit www.thelordsplace.org.
  • LLW sponsored the World Water Alliance of Florida’s 4th Annual “Wine for Water” event that was held on November 15, 2012 in Jacksonville. The Alliance is a charitable organization whose purpose is to facilitate the development of projects that improve safe water supplies, sanitation, and health and hygiene education for low income communities in developing countries.   Proceeds raised by this annual event will help provide impoverished communities with access to clean water and other basic quality of life improvements.
  • Terry Lewis and Brenna Durden attended the Florida Redevelopment Association Annual Conference on October 25 in Daytona Beach, Florida.  Terry Lewis participated in a LLW sponsored panel: “Plenary Session: FRA Legislative Update.”  Click here to read more about the conference.
  • Jennifer Cowan gave a presentation titled “Obtaining Information – Freedom of Information Act 101” at the ABA Young Lawyers Division Fall 2012 Conference that took place October 18-20th in Charleston, South Carolina.
  • Wayne Flowers participated in a panel on the topic of “State and Federal Regulations of Nutrients from Agricultural Operations” at the 33rd Annual Agricultural Law Symposium.  The symposium hosted by the American Agricultural Law Association took place October 18-20th in Nashville, Tennessee.