2015 Spring Newsletter

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Seth Behn Named Attorney at Lewis, Longman & Walker

Lewis, Longman & Walker, P.A. is pleased to announce that Seth C. Behn has been promoted to an Attorney in the firm’s West Palm Beach office. Seth Behn joined Lewis, Longman & Walker, P.A. as a Senior Land Use Planner in 2011. He was recently admitted to The Florida Bar in early April.

Mr. Behn assists clients with land use and land development matters, and helps them navigate through government approval processes. With his background as a certified land use planner, he is uniquely qualified to assist clients in complex development projects. He also provides support to attorneys managing matters related to governmental affairs, real estate and environmental law.

Mr. Behn earned a Bachelor of Fine Arts and a Masters in Urban and Regional Planning from Florida Atlantic University. Mr. Behn earned his Juris Doctor from Nova Southeastern University in December 2014.

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

Terry Lewis Receives Ralph A. Marsicano Award from the City, County and Local Government Law Section of the Florida Bar

Terry E. Lewis received the Florida Bar’s City, County and Local Government Law Section’s Ralph A. Marsicano Award for his contributions to local government law in Florida at the Section’s Annual Meeting on May 8, 2015 in Orlando, Florida.

The award is the oldest and most prestigious given out by the Section. Marsicano, the award’s namesake, was Tampa City Attorney for 28 years, general counsel for the Florida League of Cities for 30 years, and one of the principal authors of the local government provisions of the Florida Constitution.

The City, County and Local Government Law Section of the Florida Bar serves as an organization and resource for lawyers who represent local government interests or practice in this field on behalf of private interests.

Since being admitted to the Florida Bar in 1979, Mr. Lewis has worked primarily in the fields of environmental and land use law, administrative law and state and local government administration and legislation. In the legislative field, Mr. Lewis has participated in and been responsible for legislative changes to Florida’s general water and growth management laws relating to environmental resource permitting, water quality and water supply permitting, the preparation and adoption of comprehensive plans, creation of special taxing districts, and local government finance and tax measures. Mr. Lewis represents large agribusiness concerns, major land developers, and numerous local governments with complex legislative issues.

Mr. Lewis is an AV-rated attorney. He has been listed as a Best Lawyer in America in Environmental Law and Environmental Litigation since 2006, and was “Lawyer of the Year” in 2011 and 2015. He has been listed as a Florida Super Lawyer since 2006, a Top Lawyer in Government Law according to the South Florida Legal Guide since 2013, and recognized in the 2008, 2010 and 2013 issues of Florida Trend Magazine’s Legal Elite and has been included in The International Who’s Who of Environment Lawyers (2008, 2010, 2012 and 2013). He can be reached at tlewis@llw-law.com or at (561) 640-0820.

Robert Diffenderfer Elected as Chair of the Pine Jog Environmental Education Center Board of Directors

Robert P. Diffenderfer, a Shareholder in the West Palm Beach office of Lewis, Longman & Walker has recently been appointed as the Chair of the Pine Jog Environmental Education Center Board of Directors. Pine Jog is an environmental education center with the purpose of developing, providing and modeling environmental education programs which foster an awareness and appreciation of the natural world, promote an understanding of ecological concepts and instill a sense of stewardship toward the Earth and its inhabitants.

The Pine Jog Environmental Education Center is one of the oldest nature centers in the nation serving over 25,000 students, 750 teachers, and 12,500 families annually from Palm Beach County and other surrounding counties. The Pine Jog Board of Directors is responsible for policy development, strategic planning, financial monitoring, and fundraising to support the annual budget. Visit www.pinejog.fau.edu for more information about the Pine Jog Environmental Education Center.

Mr. Diffenderfer is a long-time board member of the Pine Jog Environmental Education Center, a prior chair, and the former Vice-Chair Elect of the Board of Directors. Mr. Diffenderfer maintains a diverse governmental practice involving complex environmental and land use matters, including representation before local, state and federal legislative and regulatory bodies; growth management counseling; comprehensive plan adoption, implementation and defense; DRI approval and implementation; environmental resource permitting; and related litigation. His practice also includes projects relating to special district creation, operation and administration, as well as representation of local general-purpose governments on a variety of specialized governmental, growth management and natural resource issues. He serves as Chair of the firm’s Transportation and Infrastructure Practice Group. He can be reached at (561) 640-0820 or at rdiffenderfer@llw-law.com.

LLW Receives “Band 1” Ranking in Environmental Law by Chambers and Partners

Lewis, Longman & Walker has been rated as a leading law firm by Chambers and Partners three years in a row, receiving a Band 1 ranking in environmental law. Lewis, Longman & Walker is one of only three law firms in Florida to receive this top-tier ranking. Results were recently published in the Chambers USA 2015 Guide. Rankings are based on interviews with law firms and clients.

Additionally, five shareholders from Lewis, Longman & Walker have been recognized as leaders in environmental law in the Guide: Terry E. Lewis, R. Steven Lewis, Stephen A. Walker, Robert P. Diffenderfer and Alfred J. Malefatto.

The Chambers USA Guide recognizes attorneys that excel in their field. Rankings are based on technical legal ability, professional conduct, client service, commercial astuteness, diligence, commitment, and other qualities most valued by clients. Chambers USA ranks the leading firms and lawyers in an extensive range of practice areas throughout the United States. Chamber and Partners is one of the long standing leading directories of the legal profession. To learn more about the Chambers USA Guide, please visit www.chambersandpartners.com/USA.

Looking out to Sea: Resurging Interest in Seawater Desalination Projects Face the Twin Specters of Technical Challenges and Permitting Complexity

By: Seth C. Behn, Deborah A. Getzoff and Michelle Diffenderfer

Drought, population growth, sea level rise, and competitive pricing are all converging to prompt a new era of interest in seawater desalination projects. This approach to generating potable water has long held prominence around the world in areas of extreme water constraints, notably the Middle East. However, in the U.S. the number of seawater desalination plants has always been relatively small. The primary use in the U.S. was typically for private industrial use where the cost of operation could be justified.

In light of the new interest in desalination around the country, this article will briefly examine some of the technical challenges this approach faces and discuss some of the innovative approaches that have been employed. The article also addresses some of the primary permitting hurdles that these facilities are subject to.

TECHNICAL AND ENVIRONMENTAL CHALLENGES

From a purely technical standpoint, the use of desalination to generate significant amounts of potable water has always been challenging. The two dominant methods for desalination are thermal based distillation and reverse osmosis (“R/O”). While thermal methods have been prominent in areas where energy costs are low, R/O has become the dominant process for large scale desalination plants in the U.S. Yet, while this method has improved in efficiency, it still is fraught with challenges. R/O essentially removes salts and impurities by forcing the water through a filter or membrane medium that permits the water molecules to pass through, but blocks the passage of the larger salt compounds. This process requires significant energy inputs to generate sufficient pressure to create a utility-scale volume of water. This high energy requirement in turn drives up the price for R/O generated water.

Beyond the cost, energy, and technical demands, desalination plants have significant environmental issues that must be dealt with. The lower the initial salt content, the greater the efficiency of an R/O facility. However sources for brackish water are limited. In some locations, aquifers near the coast that have experienced saltwater intrusion may be a viable source, but drawing down the water table at these locations may exacerbate the saltwater intrusion into inland fresh water sources. Seawater, while voluminous, often creates its own challenges. Higher salinity rates equate to less efficient plant operation, higher costs for pre-treatment and membrane maintenance and greater energy demands. Additionally, environmental advocacy groups often seek permitting assurances that ocean intakes will not siphon in significant sea-life or otherwise disrupt pelagic communities.

The greater environmental challenge is the adequate disposal of the hyper-saline concentrate that is the byproduct of the R/O process. Concentrate and residuals disposal from R/O desalination are the main areas of regulation. Disposal for less salty concentrate from brackish water R/O may include land application for aquifer recharge or irrigation, or for saltier concentrates, deep well injection, surface water discharge, or blending the concentrate with other wastewater treatment plant discharges from permitted facilities. Volume, location and the chemistry of the concentrate determine the available methods.

Despite all of the foregoing obstacles, desalination continues to garner more interest from utilities. Recent droughts in California have reignited the debate over the need to find new sources of water. Despite significant gains in conservation and industrial efficiency, the need for additional water remains. California has seen droughts before, and rain and snow fall in later years have caused hesitation about beginning a new significant investment. An R/O plant was built in Santa Barbara during the serious droughts that occurred during the late 80’s and early 90’s. However after a brief period of operation, sufficient rain patterns increased regional fresh water supplies. Consequently, the cost of running the Santa Barbara plant with older R/O technology became prohibitive and the site was mothballed. With the current drought cycle showing no sign of letting up, and predictions that climate change may make these cycles longer and hotter, Santa Barbara is now looking to dust off the plant and get it up and running again.

California is now once again betting big on desalination. In San Diego County, the $1 billion Carlsbad Desalination Project is nearing the final stages of construction. Slated to be completed by the end of 2015, the plant will be the largest desalination facility in the Western Hemisphere, with the potential of generating 50 million gallons per day (mgd) of potable water from a total intake of 100 mgd. The resulting 50 mgd of water with elevated salinity will be blended with additional seawater in order to sufficiently dilute the concentration down to a level that can be safely discharged to the ocean.

While only time will tell if the Carlsbad Plant will meet its operational goals, the scale of the permitting challenges it has encountered are not unique. Currently, the largest operational desalination facility in North America is located in Tampa Bay, Florida. An examination of the history surrounding the permitting and construction of the Tampa Bay facility provides a useful illustration of obstacles and innovate solutions that are part and parcel of any desalination project.

LLW Attorneys to Present at the Florida Chamber’s Annual Environmental Permitting Summer School

Lewis, Longman & Walker attorneys will participate in the Florida Chamber’s 29th Annual Environmental Permitting Summer School July 7-10th in Orlando, Florida. LLW is a proud sponsor of this event. Eleven LLW attorneys will present at the conference this year:

Attorneys from the West Palm Beach Office:

Terry Lewis will participate on a panel titled “Florida’s Environment, Water Policy, the 2015 Legislature and Beyond,” Andy Baumann will participate on a panel discussion titled “Coastal Construction Permitting,” Tara Duhy will moderate a panel titled “Transportation Planning: How Do We Get There From Here,” and Alfred Malefatto will participate in a panel titled “Coastal Marine Permitting and Mitigation.”

Attorneys from the Tallahassee Office:

Steve Lewis will participate on a panel titled “Special Permit Considerations for Sovereign Lands and Aquatic Preserves”.

Attorneys from the Tampa Bay Office:

Kevin Hennessy will participate on a panel entitled “Extreme Environmental People Skills.”

Attorney from the Jacksonville Office:

Brenna Durden will participate on a panel titled “WMD Planning, Regulatory, and Policy Update.”

For more information about the conference, click here.

Firm News

LLW is sponsoring the Florida Onsite Wastewater Association Conference held July 30 – August 1, 2015 in Orlando, Florida. The Florida Onsite Wastewater Association is a group of those engaged in manufacturing, installation, repair or maintenance of onsite sewage treatment and disposal systems, plus firms that service and supply the industry. Click here for more information about the Florida Onsite Wastewater Association.

LLW sponsoring the 2015 Transportation Summit held July 22-24, 2015 in St. Augustine, Florida. The Transportation Summit is hosted by the Floridians for Better Transportation in partnership with Transportation and Expressway Authority Membership of Florida. Click here for more information about the event.

Jim Linn will participate in the 34th Annual Florida Municipal Attorneys Association Seminar held July 9-11, 2015 in Palm Beach, Florida. The Florida Municipal Attorneys Association was established in 1982, its membership consists of over 600 attorneys who specialize in the legal representation of municipalities. Click here to read more about the Florida Municipal Attorneys Association Seminar.

Terry Lewis, Seth Behn, Chris Lyon and Glenn Thomas will participate in the 2015 Florida Association of Special Districts Annual Conference held June 22-25, 2015 in Ponte Vedra Beach, Florida.   Terry Lewis will give a Legislative Update, moderate the Water Districts Roundtable and participate in the Mock Board Meeting. Glenn Thomas will give a FRS Update at the conference. Click here to read more about the Florida Association of Special Districts Annual Conference.

LLW sponsoring the Florida Association of Counties Annual Conference held June 16-19, 2015 in Ponte Vedra Beach, Florida. For more than 80 years, the Florida Association of Counties has represented the diverse interest of Florida’s counties emphasizing the importance of protecting home rule- the concept that communities and their local leaders should make the decisions that impact their community. Click here for more information about the event.

Bill Capko, John McWilliams and Jim Linn will be attending the Florida Government Finance Officers Association Annual Conference held June 13-17, 2015 in Hollywood, Florida. The Florida Government Finance Officers Association was founded in 1937 and serves more than 2,800 professionals from state, county and city governments, school districts, colleges and universities, special districts and private firms. Click here for more information.

The Tallahassee Memorial Hospital 10th Annual Ride for Hope event will be held on June 12, 2015 in Tallahassee. Proceeds from the event support Tallahassee Memorial Hospital Cancer Center. LLW is a proud sponsor. Click here for more information about the event.

Brenna Durden and Michelle Diffendefer will participate in the Leadership Florida Annual Meeting held June 11-14, 2015 in St. Petersburg, Florida. Click here for more information about the Leadership Florida Annual Meeting.

LLW sponsoring the Florida Brownfields Association Symposium on June 11, 2015 in Panama City, Florida. Florida Brownfields Association is a non-profit organization dedicated to advancing the cleanup and redevelopment of Brownfields in Florida. F. Joseph Ullo, Jr. will be in attendance at the meeting. Click here for more information.

Michelle Diffenderfer will moderate a panel discussion titled Is It Time for a Federal Water Policy on June 4, 2015 at the 33rd Annual Water Law Conference in Denver, Colorado.   The Water Law Conference is an annual event hosted by the American Bar Association Section of Environment, Energy and Resources. The Water Law Conference has a long tradition of providing balanced examinations of contemporary developments in the law of water for lawyers whose practices involve water. Click here for more information.

Brenna Durden is participating in the Urban Land Institute Florida Summit held June 4-5, 2015 in Orlando, Florida. The mission of the Urban Land Institute is to provide leadership in the responsible use of land and in creating and sustaining thriving communities worldwide. Click here for more information about the Urban Land Institute Florida Summit.

Tara Duhy will give a presentation on Litigation DOAH at the Paralegal Association of Florida Spring Seminar held May 29-30, 2015 in Jupiter, Florida. The Paralegal Association of Florida is the largest and oldest statewide paralegal association in Florida. Click here for more information about the event.

Ken Dodge and Steve Walker participated in the South Florida Manufacturers Association Annual Manufacturing Excellence Scholarship Golf Tournament & Dinner held May 18, 2015 in Deerfield Beach, Florida.   Proceeds from the tournament provide “Calvin E. Moore” scholarships to the children of employees of member companies. Over $80,000 dollars in scholarships have been awarded to date. Click here to read more about the South Florida Manufacturers Association.

LLW hosted the First Coast Manufacturers Association Government Relations Committee on May 12, 2015 in the Jacksonville office. First Coast Manufacturers Association is a nonprofit trade association serving the voice for manufacturers located in the Northeast Florida Counties of Baker, Clay, Duval, Nassau, Putnam and St. Johns.Click here for more information.

LLW sponsored the Healthy Mothers Healthy Babies 2nd Annual Moments Luncheon on May 8, 2015 in West Palm Beach. Tara Duhy was Co-Chair of the event and LLW was a proud sponsor.  Proceeds from the Moments Luncheon support Healthy Mothers Healthy Babies Coalition of Palm Beach County, a nonprofit organization that seeks to improve birth outcomes by providing access to prenatal care to uninsured or underinsured pregnant women and teens. Click here for more information.

LLW sponsored the Annual Local Government Law in Florida Conference held May 8, 2015 in Orlando, Florida. The conference is hosted by the City, County and Local Government Section of the Florida Bar. Bill Capko, Glenn Thomas and Jim Linn attended the conference. Click here for more information.

LLW sponsored the Take Stock in Children Tennis Festival held May 2nd in Lakewood Ranch, Florida. Take Stock in Children is a nonprofit organization that provides a unique opportunity for low-income youth/students to escape the cycle of poverty through education. Click here for more information about Take Stock in Children.

The Bay Area Manufacturers Association Scholarship Golf Tournament was held April 24, 2015 in Odessa, Florida. Since 1992 more than $135,000 has been raised by the BAMA Golf Scholarship Golf Tournament for scholarships in the community. LLW was a proud sponsor of the BAMA Scholarship Golf Tournament. Click here to read more information.

LLW sponsored the EDC Quarterly Breakfast held April 24, 2015 in St. Augustine, Florida. The EDC Quarterly Breakfast hosted by the St. Johns County Chamber of Commerce Economic Development Council features guest speakers. The purpose of the Agricultural & Environmental Council is to promote, educate, and provide a forum within the Chamber’s structure to advance agricultural issues and show how these industries contribute to our quality of life. Wayne Flowers attended the EDC Quarterly Breakfast. Click here for more information about the event.

LLW sponsored the Leadership Palm Beach County Leadership Excellence Awards Luncheon held April 24, 2015 in West Palm Beach, Florida. The Leadership Excellence Award recognizes exceptional Leadership Program graduates who engage to make a difference, and individuals who have made notable contributions to improve the local communities in Palm Beach County. Click here for more information.

Michelle Diffenderfer was profiled in the Palm Beach Post for her involvement with the annual Lord’s Place SleepOut. Michelle and Bob Diffenderfer were co-chairs of the 2015 SleepOut event held April 17, 2015 in West Palm Beach. The Lord’s Place is a nonprofit organization focused on breaking the cycle of homelessness in Palm Beach County. Click here to read the full article.

The Gale Academy of Environmental Science and Technology’s Megrath Scholarship Dinner was held April 16, 2015 in West Palm Beach. Since 2001, the Academy has awarded over $80,000 in scholarships to high school seniors at Forest Hill Community High School. LLW was a proud sponsor. Click here for more information.

Brenna Durden participated in the First Coast Manufacturers Association’s annual golf tournament on April 10, 2015 in Jacksonville. All proceeds from the event supported the FCMA UCF Engineering School Scholarship Fund. Click here for more information.

LLW sponsored the Urban League of Palm Beach County’s Equal Opportunity Day Awards Luncheon held on April 1, 2015 in West Palm Beach. Alfred Malefatto serves on the Board of Directors for the League, an organization dedicated to assisting minorities in the achievement of social and economic equality. Click here for more information.

Alfred Malefatto and Julia Jennison participated in the Annual Spring Conference hosted by the Environment, Energy and Resources section of the American Bar Association on March 26-28, 2015 in San Francisco. The conference covered recent developments in air, water, waste, and enforcement issues. Click here for more information.

LLW sponsored the JAXPORT Logistics and Intermodal Conference held March 23-25, 2015 in Ponte Vedra Beach. The bi-annual conference attracts logistics and transportation professionals worldwide, offering a unique opportunity to network with leaders in the fields of logistics, shipping and port management. Brenna Durden,Wayne Flowers and Sean Alveshire attended the conference. Click here for more information.

LLW sponsored the 6th Annual Southern Scholarship Foundation 5k Race held March 21, 2015 in Tallahassee. The Southern Scholarship Foundation is a nonprofit organization which provides rent-free housing to financially and academically eligible students. Click here for more information.

LLW sponsored the Literacy Coalition of Palm Beach County’s Love of Literacy Luncheon. The Literacy Coalition of Palm Beach County’s Love of Literacy Luncheon was held March 12, 2015 in West Palm Beach. Click here to read more about the Love of Literacy Luncheon.

Bob Diffenderfer participated in a panel discussion titled Powering the Planet at the Key Issues in U.S. Environmental Protection Agency Region 4 Conference on March 3, 2015 in Atlanta, Georgia. The event hosted by the section of Environment, Energy and Resources of the American Bar Association. The conference offered timely updates on key state and regional developments in environmental and energy law and placed special emphasis on program initiatives and priorities in the Region 4 states of Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, and Tennessee. Click here for more information.

Michelle Diffenderfer and Bob Diffenderfer Co-Chaired the Hanley Center Foundation 20th Annual Family Picnic on February 22, 2015 in Wellington, Florida. LLW was a sponsor of the event. Click here for more information.